The motion to quash this panel, it will be observed, rests on two allegations: first, that the names were not drawn according to law; and, second, that the names from which the jury had been drawn were not selected according to law. These allegations were fully sustained by the affidavit of Samuel E. Douglas, register of Washington City, which was presented and read by the District Attorney, and more fully afterwards, upon his oral examination. The law governing the question was found in an act of Congress of June 16th, 1862, entitled, "An act providing for the selection of jurors to serve in the several courts of the District of Columbia."
Under the provisions of this act the register of the city of Washington, the clerk of the city of Georgetown, and the clerk of the levy court of the county of Washington, District of Columbia, was each required to make out a list of names of persons deemed by him to be most suitable for the duty of jurors, having respect to the exemptions and qualifications specified in the act.
The law required that such lists should be made out annually on, or before, the first day of February. The register of the city of Washington was to make out a list of names from which four hundred should be selected: the clerk of the city of Georgetown was to make out a list of names from which eighty were to be selected; and the clerk of the levy court of the county of Washington was to make out a list from which forty were to be selected, and that such lists should be preserved, and any names that had not been drawn for service during the year might be transferred to the list made up for the subsequent year.
Having thus made out their respective lists, these officers were required to meet together and jointly select from their respective lists the number specified for each one. The names thus selected were then to be written on separate and similar pieces of paper, folded, or rolled up, so that the name could not be seen; and then deposited in a box provided for the purpose. The box was required to be thoroughly shaken and sealed, and was then by these three officers to be delivered into the custody of the clerk of the court of Washington County for safe keeping. These officers were required to meet at the City Hall, in Washington City, at least ten days before the commencement of each term of the circuit court or of the criminal court, and there the clerk of the circuit court was to publicly, and in their presence, break the seal of the box and proceed to draw out the number of names required; and if it was a grand jury court, the first twenty-three names drawn were to constitute the grand jury, and the next twenty-six names drawn were to constitute the petit jury for that term. The jury or juries required, having been drawn, the box was again to be sealed and delivered to the clerk of the circuit court.
The affidavit of Samuel E. Douglas, register of the city of Washington, was offered with the motion to sustain its allegations. This affidavit was supplemented by the oral examination of Mr. Douglas, under oath. The affidavit and oral examination developed the facts that no such lists had been made out and preserved as required; also that there had been no joint action of these three officers in the selection of names, but that each one had written his respective number of names and deposited them in the box, without exhibiting them to the other two. There had been no joint selection as the law required.
Still further, the fact was developed that these offices had not sealed the box as required, but had delivered it to the clerk of the circuit court to be sealed by him. It was further shown that the names had been drawn, not by the clerk of the circuit court, but by the clerk of the city of Georgetown.
It will be seen at a glance that the affidavit and oral examination of Mr. Douglass fully sustained the allegations of the motion of the District Attorney, and that the utter disregard of all the most essential requirements of the law could have easily been made to subserve a corrupt purpose. Without charging fraud in the case, we can easily see how the clerk of the city of Georgetown, who drew this jury, and who had no right to put his hand in the box, could have carried in his own hand names of his own selection for that special purpose, and from this store to have drawn a jury without taking a single name from the box.
The substance of the affidavit and oral examination of Mr. Douglass having been incorporated with the motion of the District Attorney, the defense made the following replication:—
United States
vs.
John H. Surratt.} In the Criminal Court of the District of Columbia, No. ——. And thereupon, the defendant saith the said motion is bad in law and in substance. The facts stated do not constitute any ground in law for a challenge of the array.
Bradley & Merrick, for defense.
| United States vs. John H. Surratt. | } | In the Criminal Court of the District of Columbia, No. ——. |