National Republican., 1886-07-08
TIE NEW LIBRARY SITE.
Tho Protestants and Appellants Get
Their Cases Into Court.

Their Cases Into Court.
One o'clock yesterday afternoon was the
hour set by the court in general term TO
bear the matter Of appeal In the case OF
those property holders dissatisfied with
the award made them by the jury selected
70 condemn squares 729, $50, and 73l for
the purpose OF site for the new cohgres-
sional library. At the honT named the
chamber was crowded chiefly with citizens
from East Washington, but there were
other interested spectators. justices Hag-
ner, James, and Merrck were on the
bench. At the council tables were Dis
trict Attorney Worthington aud his first
nssistsnt, Mr.. Taggart, representing the
Enoch Totten, j. M. Johnston, Leon
Tobriner, and Charles King, appearing for
the appellants.
Mr.. Perry set the ball In motion by rails
ing the point that the court was without
Jurisdiction, in that the jury was improperly
summoned and from that point all subse-
quent proceedings by the Jury had been
Irregular.
Mr.. Northlngton suggested that before
anything else was considered the court act
in these cases where the appeal taken was
solely on the ground that the Jury had not
allowed sufficient amount In the iudg-
ment OF the party appealing.
Col. Totten claimed that II the objection
to the selection Of the jury wac valid II went
TO the root Of the case, and everything that
the jury had done went for naught.
Justice Hagner inquired as TO the nature
Of the protests made.
Mr.. Worthington said that the grounds OF
protest as set out were that the names Of
the jurors had not been drawn from the
jury box; that the jury was not summoned
TO be and appear upon the premises on q
Aa 10 ths 1oN aa nr
vided In section 257, Revised Statutes Of the
United States, and because the owners Of
the premises TO be condemned were not
notified by the United States marshal for
this District Of the time and place OF the
meeting Of the jurors TO assess their dam
ages, as provided In section 25S Of the Re-
vised Statutes OF the United States, and be.
cause the protestants had not been notified
to meet, and had not in fact met the jurors
upon the premises.
Mr.. Worthington read the return OF the
marshal as to the manner In which the jury
was selected, sworn, performed their duties,
the serving OF personal notice on all the
owners and interested parties In the land II
was proposed to condemn, also OF the ses-
sions of the jury, appearance before them
Of those interested and deslrous OF being
heard, the jury listening to their state.
ments, and finally making the awards.
The verdict Of the jury was also submitted,
showing that they had been upon the
ground referred TO repeatedly, and from
their views and the testimony made up
the finding. An affidavit was also read,
made by Samuel II. Walker, secretary OF
the jury, showing that the property holders
had attended the open sessions Of tho jury
at the court house, and interposed no OBJ
lection to the jury meeting at that place.
There was consultation Of the judges,
and Justice Hagner, announcing the con.
clusion OF the court, said they had decided
to hear the attorneys for the property
holders on the objection raised by them
that the selection Of the jury was Irregular
and as were the subsequent meetings at the
court house.
Mr.. Perry claimed that the return of the
marshal was not true return. While II
might be in law II was not In fact, and he
asked that the marshal be instructed to
amend the same and make true return To
the court as to the facts in regard to the
summoning Of the jury and notification to
the property-holders.
Justice HagDer wished to know where
under the law the marshal was directed to
make q return.
Mr.. WorthingtoD said that there was
nothing that he knew Of in the law requir
ing 1t, and thought that the whole matter
should be overruled.
MIR. Perry said whether there was any
authority for II or not, the marshal had
made O return, and he asked that 1t be sent
back to the marshal for correction In con.
formity with the facts. IL the return did
not belong on the files II ought not to be
there, and II the court so directed, he would
move to strike 1t from the files.
Justice Hagner announced that the couri
had decided to recognize 1t as return, ant
directed the amending Of II to show tht
copy Of the notice sent to the jurors.
Col. Totten suggested another amend
ment. The law said that the jury should
be summoned to appear upon the premises
and the notices of the marshal failed X
show that they had been SO summoned
After further discussion the court ordered
that the marshal amend his return, stating
the several steps taken by him In the mat
ter Of the condemnation Of the property
the notices to the jurors without stating
what those notices implied, and have tht
return in court at 10 o'clock this morning
to which time the hearing was adjourned.
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