Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-08-09
Grand Jury to Report True Bill Mon
day Next.
STATEMENT BY ATTORNEY B. E. DAVIS
lmpracticabiIity of an EearIy Trial
of the Case.
QUOTATIONS FROM THE LAW

The grand jury, according to the plans of
the United States attorney, will report an
Indictment. Monday next, alleging murder
on the part of Benjamin II. Smell in con-
nection with the killing of Lizzie Weisen-
berger. AT the conclusion of its session
yesterday afternoon the grand jury was
excused until Monday, having considered
the case fully. In the meantime the United
States attorney will frame the Indictment
and have 1t in readiness for the signature
of Foreman Shoemaker when the jury shall
assemble to report to the court Monday.
Several other indictments will be handed
in at the same time.
In speaking of the impracticability of
holding an early trial in the case of Smell,
United States Attorney Davis this after
noon made statement:
Existing Law.
The statement is as follows:
1.-The existing law in relation to petit
juries in the District of Columbia is the act
of March 1, 1889, which went into effect
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 regulate the period of holding its
terms, as also the periods of all the special
terms, and to fix the number of such
terms, and to alter the same from time to
Tune, as public convenience may require.
The term of service of Jurors, whether for
circuit court or a criminal court begins
on the first Tuesday in each and every
month in which jury trials may be had.
and terminates on the Monday preceding
the first Tuesday of the following month
except when the jury may be discharged
by the court at an earlier day, provided
that when any jury shall have been actu-
ally empaneled for the trial of any cause
the jurymen composing the same shall be
uaDl6 to continue in service fin lly
discharged from said cause. At least ten
days before the first Tuesday in each
month when jury trials are to be had. the
names of the persons to serve as jurors
are drawn by the clerk. and notice of their
selection is given the jurymen by the
marshal.
Rule of the Court.
by rule of the Supreme Court of the
District the terms of the Criminal Court
are held on the first Tuesday of each of
the months of January, April and October,
and each term continues until the COM
mencement of the next succeeding term.
The jury in attendance at any circuit
court or criminal court may, however, be
ulScharged by the Justice presiding at any
time curing the term, and when once dis
charged there is no provision, either of
law or rule of court, for recalling the Jury
so discharged. In June the court directed
that no Juries for the month of July should
De summoned and also announced that
there would be more jury trials until
october. Whether the court now has paw
er to cause a jury to be summoned for
September, is question which has never
before 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 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 adjournment
cannot be had, 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 sum-
moned, and as the law in terms prescribes
that the term of service of each jury shall
begin 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 jury. that he must have in mind
some specific month in which jury trials
are had.
No Jury Before October
Under the circumstances, although I
greatly regret it, 1 do not see how any
jury can be drawn to serve before October
The existing arrangement has been in eff
feet for so long time that any attempt
to draw jury for the month of Septem-
Der would be so strange as to be in effect
revolutionary of the practice of the court
In the present instance this is deplorable
in view of the Nervousness of Smells crime
but even were 1t possible to call jury for
September that could not be done without
an order of the General Term which would
IN eHect be an amendment of the existing
rules OF the court and l am sure that such
action would not be thought of except upou
condition of concurrence of all the iudpas
sitting in General Term which would Of
course involve the recalling of all tba
Judges from their vacation for the special