Year: 1867

THE CASE OF JOHN HI. SURRATT.
The trial Of John H. Surratt indicted for the
murder of Abraham Lincoln, was resumed
this morning, when there was another large
crowd about the Court room, many of the
spectators being present only to get glimpse
at the prisoner.


As on Yesterday the production OF a card
was necessary to secure admission within the
bar and to prevent persons without the from
entering, the bailiffs being stationed at the en-
frances. Outside the bar the crowd was as
might be expected miscellaneous one, and
included quite number OF colored persons.
Among the visitors this morning were Sena.
tor Patterson of Tenn, and Rev. Father Wiget
OF st. Aloysius. The latter it will be-remem-
bered was one Of the spiritual advisers Of the
At 10 o'clock precisely the Court was opened
Judge Fisher having entered the room some
time previously.


Mr.. Bradley stated it was not necessary
to await the arrival of the prisoner, as they
could go On with the argument Of the motion
made yesterday. That motion haa taken the
defence by surprise. He had never heard of a
challenge OF jurors being made under such
circumstances. The object of this affidavit and
motion to quash the panel was to present to
the court the question as to whether the jury
was legally drawn. He had looked into Eng.
lIsh precsd ents and those Of this country. The
facts upon which they rely to set aside panel
must be stated to the court and spread upon
the motion. The gentlemen on the other side
could insert in their motion to Quash, the
facts set cut In the affidavit and the testimony
Of Mr. Douglass. He read from ArchIbald's
Criminal Law, PIP. SIS and 547, in support Of
his argument.


Judge Pierrepont said there was no doubt
that in an ordinary suit at law, where dem ar-
rer was filed, it was not necessary to give facts
IN demurrer. He did not see how il would
make any difference whether or not the afi-
dayit was contained in the motion.


Mr.. Bradiey.-It is a question of fact, and
we cannot take issue on the affidavit. 1t must
De On the motion TO quash, and that must con-
tain the facts.


Mr. Wilson said it was a question for the
cause Of challenge, they would amend 1t &C.
cording to the suggestions Of the court.


Mr.. Bradley desired to knew how they could
plead to motion sverring that something was
contrary to law. without stating the facts
showing how 1t was contrary to law.


Judge Pierrepont did not understand that
forms Of pleading were to be complied with
on motion before the court. A motion is
made, and the affidavit upon which that mo-
tion is predicated is read.
Surratt was here brought into court by Mar
shall Gooding, and shown to a seat by his
counsel. He was attired the same as on yes.
terday. and appeared quite cheerful.


Mr.. Douglass, City Register, was called to
the stand. and stated the drawing of the ju-
rors was always in presence of Mr.. Meigs
Clerk of the Court, Mr.. Cailau, MT Laird,
and witness.


MT Bradley said the names of the Jurors,
as drawn, were in the handwriting of Mr. r.
Meigs, and the certificate in the Handwriting
Of Mr.. Williams. deputy clerk, and signed by
Messrs Meigs, Douglass, Callan ana Laird.


Mr.. Bradley said the defense demurred to
the motion, and the United States Joined in
that demurrer. and he filed the following
demur:


United States as. John II Surratt-In the Grim
inal Court OF the District of Columbia.-And
thereupon the defendant says the said motion
is bad IN substance


BRADLEY AND MRRRICK, for defense.


The facts stated do not constitute any
N y n


Mr. Merrick said if the objection by the
prosecution was valid, the same objection
was good as to grand jury which found the
Indictment, and the defense might deem it ex-
pedient to withdraw the plea of not guilty,
and plead specially to the Indictment 1t was
therefore question that did not hurt the
him at large. If this jury was illegal, scores
of nen bad been illegally sentenced. and one
hung. The first question rising was upon the
construction OF the statute.


Mr. NJ. then read the act providing ter the
selections OF jurors and argued in the selec-
ton OF the list there was q discretionary power
LETT with those officers Each officer must pre-
pare MS own list; then the three are to meet
together and select the jurors, each officer is
to select from the list he prepares the number
OF names required by law TO be placed in the
box and the clerk OF the Levy Court or Cor
poration Of Georgetown had nothing to do
with the list selec ed by the Register of the
Corporation of Washington The law i'm
posed the duty on these officers because it Is
presumed that they know the qualifications
of those to be selected. 1t would be remark
able thing if the law req uired an officer of the
City of ashin gton to 60 into the country and
select jurors but itrequires the clerk Of the
Levy Court the person familiar with those
in the county, to select those names in the
county. When the names were deposited in
the jury box all three of the officers were pres
ent


This motion was n OF founded upon any in.
capacity in the jurors themselves, simply
upon the manner in which they were
lected He hoped the United States was look
ing for the attainment or justice in the case.
There was nothing alleged against this jury,
and they were better qualified to do justies
than jury summoned for the case. He hoped
the prosecuting attorneys desired to tread
these high paths of law and justice, but there
might be individuals in Office under the Gov
ernment who were dispose to walk IN lower
paths. The'next term of the court commenced
on Monday, and unless jury sho 1ld be en-
Panelled by Saturday nj ight, 1t might be that
the case would not be tried for weeks.


Judge Pierrepont had no doubt the learned
gentleman was sincere in his efforts to pre-
vent the success of this motion. The learned
Grand Jury that found the Indictment was
illegal. and his client would be at large He
supposed the learned gentleman was here to
put his client at large.


Mr. MerrIck.-By the verdict of Jury. If
this motion prevails, he was free: but they
wanted him free by verdict ota jury other
him on another Indictment.


Judge PierrepoDt.-They will discover that
the United States is as Jealous 10 try this cause
as the other side 1t had been circulated in all
journals that the United States did not want
to come to trial on this cause 1t had been
circulated that the United States did not want
to have the diary OF Booth before this court.
Before the trial was at an end all these false
stories would be forever at rest. The gentle.
man might rest assured that the United States
desired TO proce. with the trial now. On the
14th of April, 1865, a crime was committed that
shocked the whole civilized world, and men
have suffered death for that CRIME. The pris-
oner at the bar, who has been found by the
Grand Jury of your District to be a participator
in that crime, is here for trial, ana we desire
that he be tried by jury legally and lawfully
empannelled. That he May be tried Justly,
defended by able counsel, and the verdict for
or against him pronounced by honest jurors.


Ny learned friend urges your honor to deny
this motion, and cites a case from England in
relation to the sheriff there. The sheriff of this
District had no more to do with selecting this
Jury than the clerk of the u. s. Senate The
man must be tried according to the law in
every respect, the jurors must be selected in
such way as the law directs, and IL they are
selected in any other way their verdict would
be good for nothing whatever. II my learned
friend had come into court and found negroes
in this box. would hernot have attempted to
set that panel aside. Wculd he then have
said they could not be set aside because the
Gentleman drawing them had testified they
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