Year: 1869

State. With this view Of the case, he asked
that the sergeants be sent out at least ons
more time to procure a jury Of Richmond
men. = e s5<'a. 2#aa
Mr.. Bundy, in o few words, supported
the propriety and justice Of his motion, o.
which he thought there could be no doub
in the mind Of the Court. .ls.,. aa~
Judge Ould held that under the Bill o.
Rights, which he regarded IS part of the
Constitution, the prisoner had an undoubt'
ed right to be tried by jury Of twelve
competent men of his own vicinage. II
the whole panel could not be made up from
the neighborhood he was entitled to ss
many as could possibly be found. This was
certainly the spirit Of the law, and he
asked for his client no more nor less than
the law allowed him. IF anything in the
language Of the code interferes with or i'm
pairs the rights Of the defendant, it vas tc
that extent the duty Of the Court to disre-
gard the provision Of the code.


Mr.. Gilmer closed the argument for the
Commonwealth. 1t was for the Judicial
mind to decide this matter, and he claimed
that in capital crimes it was now hardly
ever possible to get q jury of the vicinage
1t was admitted that, if possible, the de-
fendant should have such jury, but it
was for the Judge to decide from the de-
Yelopment made before him whether there
vas reason to believe that tWenty-four in
telligent, unprejudiced freeholders could be
found. When out of 372 taleSmen only two
who were competent had been obtained,
was it too much to believe that the mind Of
the community was made up. The Com
monWealth demanded that the jury should
be made Of strangers to the prosecution,
strangers to the defence, and ignorant OF
the facts in the case. 1t WAS clear that
tWenty-four such men could not be found
here. ..-.-.... .-....


In deciding the question the Court said
that while the accused Was entitled to an
impartial jury, he was also entitled to n
speedy trial, ard it was the duty of the
Court to see that justice was not unreason-
ably delayed. 1t was admitted that if pos
sible the defendant should be tried by jury
Of his vicinage, but in this case time enough
had been exhausted, and efforts enough
made. to establish the fact that whether or
net majority of the freeholders Of Rich
mond have been examined, no progress had
for two days been made towards getting q
jury. OF two hundred and forty light men
examined, none we're found competent
Jurors. The Court was anxious in all cases to
conform to the Law as they found it, and in
exceptional cases to administer the ex-
ceptional laws. 1t was not new thing,
when competent men cannot be found in the
Yicinage, to try o case before jury brought
from elsewhere. The people of the Com
monwealth have the right to insist upon g
speedy and impartial trial, and the Court
thought that the time had now arrived to
look for Jurors outside of the vicinage Of
Richmond and beyond the jurisdiction OF
this court. Another reason for going else
where was that this term of the court must
terminate one week from Saturday, and il
the trial was not concluded, then there
would be tedious delay.


Colonel Johnson remarked that it was
still disputed question whether the court
had the right to sit longer than twenty
days.


The Court We are very clear that We
have not that right, and are not disposed to
argue it. IL view Of the conclusive evi-
dence submitted, we will therefore direct
as most convenient and expedient, that q
summons issue for thirty-Bix men from the
county OF Alexandria, and thirty-six from
the county OF Norfolk, returnable al II
o'clock or Saturday morning.


Colonel Johnson proposed that while the
seTgeants were absent another effort be
made to obtain jurors in the city. 1t would
certainly be innocent, aud might do good


The Court: We think it would be limo
cent and foolish too.


Mr.. Johnson objected to such language
from the bench to member Of the bar
whereupon the Court explained that OF
course DO offence was intended. Futile was
tho word that should have been used.


The defence filed bill of exceptions to
the ruling of the Judge; after which the
case was adjourned until II o'clock on
Saturday morning.