Assassination of Lincoln: a History of the Great Conspiracy: Trial of the Conspirators by a Military Commission, and a Review of the Trial of John H. SurrattHarris, T. M. (Thomas Mealey)
History
Assassination of Lincoln: a History of the Great Conspiracy: Trial of the Conspirators by a Military Commission, and a Review of the Trial of John H. Surratt
Harris, T. M. (Thomas Mealey)
Lincoln, Abraham, 1809-1865 -- Assassination; Surratt, John H. (John Harrison), 1844-1916
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. } _In the Criminal Court of the
JOHN H. SURRATT.} 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_.
_Mr. Pierrepont._--We join in the demurrer.
The question now before the court was simply one of law and of fact,
and whether the facts in the case admitted by all, constituted such a
violation of the law as justified and required the setting aside of the
array. It would seem that it ought to have been easily settled, and the
fact the motion was hotly contested by the defense through a discussion
of three days continuance, would seem to indicate that for some reason
they had a special desire to have their case tried by that particular
jury. The argument was opened by Mr. Merrick for the defense. His
argument was first addressed to the construction of the statute, and to
the contention that the facts alleged and admitted did not constitute
such a violation of the law as would justify the setting aside of the
array. And then as there was no statute in regard to the quashing of
the panel the question was argued on the principles of the common law,
and many decisions were invoked, both in England and in this country,
to show that the failure of the officers to comply with the law was not
such as would vitiate what they did.
Public-domain text, read in full here on John Shaqi.
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