Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-04-09
FERDINAND ksNG.> PLEA.
The West Washington Building assos
ciatiou Cases.

This morning In the Criminal Court Judge James
presiding, the case of Ferdinand King former Sec
retary OF several building associations OF WeSt
Washington, for forgery. &C. In connection with
the Eleventh Building Association, was called.
The defendant, represented by Messrs I. r. Miller
and w. ID. Cassin, had nled plea OF abatement,
on the ground that John II. Brown. one OF ths
grand Jurors by whom the indictment was found
at the December term, 1856, was over the legal
age.
Mr. Miller said he expected 20 show that Brown
was in 1855 exempted from the draft as being
forty-seVen years OF age, aud was therefore over
the age.
Mr.. Coyle, assistant district attorney. for the
Government, said that they expected 10 snow that
Brown reached siNty-five years OF after he lad
been sworn, and was therefore competent
TESTIMONY OF BROWN.
John II. Brown. who is a well-KnoNn colorca
plasterer, testified that he was born In Alexandria
Va, had followed his business here for years and
during the war was drafted and was exempted for
over age. lie remembered seeing the record OF his
birth, but did not remember the date: he dld not
remember telling Mr. Miller that he was born In
1S.o. or that he was about siXty-elght years old.
on cross-eNamination witness SAID he did not
remember saying he was forty five.
OTHER TESTIMONY
JAS. Piper OF Alexandra, brother-in-law of J. H
Brown, testified that he had the family records OF
the Brown family. lie understood from Browns
mother that he was born In September OF the same
year as witness, ls21. lie denied that he told Mr..
Cassin that be was born IN ls.sn
Jas. Barker testified that he had known Brown
since 1888, and be was a grown man then. a little
Older than witness. who Is now siNty-siX. Brown
father tod him that John was born IN lsoO.
The defendant offered a record from the War
Department To show that Brown was exempted by
the DRAFT officers as being over age in February,
1860. This consisted OF the affiGavits OF Brown
aud two witnesses that he was then forty seven
years OF age.
The Government objected that it was not COM
petent for the defendant 10 contradict his witness
by the record evidence.
After some discussion the court said defense
might show from this paper that Brown at a Ger.
tain time said he was forty-seyen years old
An exception WAS noted 10y defendant
Mr.. Brown was recalled and said that he had
juror he was not asked his age. on cross-eNami-
nation witness said that when sworn the Judge
asked IL they were between twenty lone and sixty
five years OF age.
Wn. Gray was called for the Government and
testified that he was slNty-two years OF age ana
Browns mother and father always said Brown
was younger than he.
DIR. samuel l. COOK testified that he gave the aga
OF Brown a. about sixty three years OF age
Mr.. Miller argued that the AFFIDAVIT was conclu-
siYe that Brown Was over forty five years OF ag,
In March. lstiI, and therefore IN 1886 was over
siNty-nve years OF age. Mr.. Coyle claimed that
the plea should not be sustained. and as 20 hs
temptation TO BE- excused. Mr.. Miller, In answer
said that such a theory was not only cool but a
bliZ7ard-an insinuaJlOn that a grand Juror hal
been so debased as To 80 swear.
The court, In charging the jury, said the law was
plain that no ole over siXty-nye years OF age
Should serve as grand Juror.
In ten minutes the Jury returned a verdict In
favor OF the Government