The evening times., 1899-08-09

Benjamin H. Smell, the murderer of Liz
zie Weisenberger, spent a quiet night in
his cell at the District Jail last night and
received no visitors today. Neither his
wife nor his counsel had called there up
the advice given him yesterday by his at
torneys, Smell declined TO see newspaper
reporters. He is said by the jail guards to
be very tractable prisoner. His sleep
last night was sound and his breakfast
and dinner today were hearty. He was
permitted to pace up and down the corri-
dor in front of his cell this morning. He
talks little, but still maintains that he
has no recollection OF having killed Lizzie
Weisenberger. sE
In discussing the Smell case this morning,
and the causes which necessitate delay
in bringing the prisoner, to trial, until
the October term of the Supreme Court of
the District of Columbia, United States
Attorney for the District Henry e. Davis
said: g ID
THE existing law in relation to petit
juries in the District of Columbia is the
act Of March 1, 1885, which went into ef-
feet on the 18th day of June, of that year.
By this law the Supreme Court of the
District, in general term, has the power
by rule Of court to regdiate the period Of
holding its terms, as alsolthe periods of
all the special terms, ands to fix the num-
Der OF such terms, and to alter the same
from time to time, as public convenience
may require. 2 hidi s9G'
THE term of service Hot Jurors, whether
for circuit court or a criminal court, be-
gins on the first Tuesday in ;. reach and
every month in which Jury trials may be
had, and terminates on the Monday pre-
cedng 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 empaneled for the trial OF
any cause, the jurymenf 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 10 serve as
jurors are drawn by the clerk, and notice
of 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
y, T.
ed by the justice presiding al 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 iuries 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
TO cause 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 ii has been the
practice OF the court not TO have jury
trials in either August or September, ex-
cept in cases in which at the adjournment
of the courts for vacation adjournment has
been had TO day certain in September.
Under the existing law, such adjourn
ment cannot be had as the term of service
of each jury is specifically limited to the
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. it
is necessary in order for the clerk TO draw
a jury that he must have in mind some
specific month in which jury trials are had
Under the circumstances, although
greatly regret il, do not see how any jury
can be drawn 10 serve before October. The
existing arrangement has been in effect for
so long time that any attempt TO 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
Nervousness of SHELLS crime, but even were
it possible to 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 existing rules of the
court, and am sure that such action would
not be thought of except upon condition of
concurrence 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"