The times., 1899-08-10
Time FOR SMELLS TRIAL
The Law Precludes Calling a Jury
Before October.
The Grand Jury Prepared TO Return
an Indictment for Murder in the
First Degree To Change the
Rule Would BE Revolutionary,
Says District Attorney Davis.

Since he has become aware Of the fact
that he viii be called to trial as early as
the law viii permit. Benjamin II. Smell,
who is confined in the District jail charged
with the murder of Lizzie Weisenberger,
has grown sullen and morose- The prompt
action Of the grand jury a considering the
charge against him has caused him to
realize that there will be no delay which
is ayoidable calling him before the bar
Of justice to answer for the crime he com
mitted. While the grand jury has not yet
returned an Indictment against Smell, it
has arrived at a conclusion in the matter
and is ready 10 make a return at any
moment.
District Attorney Davis is now engaged
II preparing the Indictment and when fin
ished ii will be presented to the court on
Monday next There has been great deal
said because of the delay in bringing Smell
10 trial al a very early day, and Mr..
Davis stated yesterday that no one re-
grets this more than himself There is
no doubt, however, he stated, that Smells
case viii be the first to be taken up in
the Criminal Courts upon the opening of
the October term OF the Supreme Court
OF the District. Next Monday OF a few
days after the grand jury has returned
an indictment against Smell, he will be ar
raigned in order that his counsel may
have all opportunity TO prepare for trial.
This course, he believes. will block any
ground for a continuance of the case on
the reconvening OF the court. In discussing
The causes of the delay, Mr.. Davis said
yesterday:
THE law in relation to petit juries
In the District of Columbia is the
act of March /, 1899, which went into
effect on June 10 of that year. By
this law the Supreme Court of the
District, in general term, has the power
by rule OF court to regulate the period of
holding its terms, as also the periods of
all the special terms, and TO fix the num-
Der Of such terms. and to alter the same
from time TO time, as public convenience
may require.
The term Of service OF jurors, whether
for circuit court or a criminal court, be-
gins on the first Tuesday in each and
every month in which jury trials may be
had, and terminates On the Monday pre-
ceding the first Tuesday of the following
month, except when the jury may be dis
charged by the court at an earlier day,
provided that when any jury shall have
been actually empaneied for the trial OF
any cause, the jurymen composing the
same shall be liable to continue in service
until finally discharged from said cause.
At least ten days before the first Tuesday
IN each month when jury trials are 10 be
had. the names Of the persons to serve as
Jurors are drawn by the clerk, and notice
CT their selection is given the jurymen by
the marshal
by rule Of the Supreme Court of the
District the terms OF criminal court are
held on the first Tuesday of each of the
months Of January, April and October, and
each term continues until the commence
ment Of the next succeeding term. The
jury IN attendance at any circuit court or
criminal court may, however be discharg-
ed by the justice presiding at any time
during the term, and when once discharg-
ed there is no provision, either OF law or
rule Of court, for recalling the jury so
discharged. In June the court directed
that no 3uries for the month Of July should
be summoned and also announced that /
there would be no more Jury trials until /
october. Whether the court now has power
10 cause a jury TO be summoned for Sep
tember, is a question which has never be- |
fore arisen in the history Of the court. and |
during its whole existence it has been the |
practice OF the court not TO have jury /
trials in either August or September, ex-
cept II cases in which al the adjournment /
of the courts for vacation adjournment has |
been had TO day certain in September
Under the law, such adjournment I
cannot be had as the term of service I
OF each jury is specifically limited to the 4
month beginning with the first Tuesday of /
the month for which such jury is summon /
ed; and as the law in terms prescribes that /
the term Of service of each jury shall be- /
gin on the first Tuesday in each and every |
month in which jury trials shall be had. il |
Is necessary in order for the clerk to draw |
jury that he must have in mind some |
specific month in which jury trials are had. /
Under the circumstaaees, although I |
greatly regret il, I DO not see how anv Jury \
can be drawn TO serve before October. The |
existing arrangement has been in effect for 1
so long time that any attempt 10 draw a /
jury for the month Of September would be /
so strange as 10 be in effect revolutionary Of /
the practice of the court. In the present /
instance this is deplorable, in view of the |
of SHELLS crime, but even were /
]. possible 10 call jury for September, |
that could not be done without an order OF |
the general term. which would in effect |
be an amendment of the rules Of the
court, and ! am sure that such action would |
not be thought Of except upon condition OF
Of all the judges sitting in gen.
eral term. which would. of course, involve
the recalling Of all the judges from their
vacation for the special purpose"
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