Year: 1867

lected as the law directs, and they saw no rea.
son Why, the Marshal should not be directed
BY the COURT to summon talesmen. This was
an Important trial-the first civil trial for the
murder of the President of the United States.
1t was tri al whether they could get jury TO
resder fair verdict to know whether the
civil powers could rule They wanted to
sheW 10 the country and the world that there
could be fair trial before the court, and
verdict rendered which would satisfy the
people.


mr.. Bradley said he knew of no case in
which he had ever been engaged. In which he
discussed point Of law, in which he had felt
were to be empanelled to try the assassin OF
the President of the United States-better
have said to try party charged with the as
sassinatIon.


Mr. Bradley proceeded to say that they
wished to close the discussion, and to obtain
the decision Of the court IL possible during
the day. They wished the law carried ont
and jury TO be sworn. The predicate says
that no new panel can be drawn until the old
is exhausted, and consequently If they did not
draw from this panel no legal jury can be OBJ
tanned until February. Heread from 7th Wen
dell, 421-422, that Lew trial was meved for
on the ground of irregularities in the drawing
OF jury; that the names OF all summoned
should be placed in the box. He denied that
the prso could be prejudiced if this pan
mel is retained, but could see how he could
be prejudiced IL talesmen were summoned.
From an En- glish authority he then read that
any iniormality or mistake in drawing by a
sber1f was not good grounds to set aside q
verdict He claimed that there was no error
of record IN the case, and if the case went on
to trial the defendant would be bound by the
verdict. There was 70 reason 10 make the
change from the usual manner of drawing the
juries.


Judge Pierrepont called the attention of
Mr.. Bradley to list Chltty's Criminal Law 537,
to show that in England a challenge cou Id be
made TO tie array.


Mr.. Bradley claimed that in the cases re-
ferred to the charge is m ade against the con-
q of nj al tur
does not appear on the record, and a man is
tried tor bis life, he cannot take advantage
OF 1t except upon clear proof of his iEnor-
headed Africans, they could not challenge the
array; but there was another remedy. Ii this
melton prevails the Marshal is not limited
to white men, but he may summon black
men. He now saw where this was drifting to,
and referred to an article in paper charging
that sixteen of this panel were Catholics.
When the Marshal went out to summon tails
men he cenld summon citizens.


Judge Pierrepont-We hold that they must
be white.


black men, could challenge the arrayl


Judge ePierrepont-WelI, we would.


Mr- Bradley.-I do not want to give you the
chance-to put your virtue to such a test.
He continued contending that to challen &c an
array there must be corruption charged. If
these ON icers had made a mistake 1t did not
vitiate the drawing. Where is the Jury to be
procured, If this drawing is pronounc ced ilIe-
gal, before next February The law is that tai
esmen shall be summoned after the panel is
exhausted, but 1t is claimed Oh the other side
that the panel was constituted illegally con-
sequently there is no panel.


Mr.. Darlington referred to an article In tn
Herald not very complimentary to him; and
he desired to say that he was opposed to ap-
pealing to religious preJudices. He did not
SO construe the law as TO give the marshal
power to summons any but white citizens.


At 1:40 J Judge Fisher said he did not see how
the decision could be made to- day and or.
dered an adjournment until Tomorrow at
o o'clock.