Evening Star Newspaper, June 12, 1867, Page 1

eel THE EVENING STAR 18 PUBLISHED DAILY(8 EXCEPTE£D) AT THE STA® BUILDING, Southwest corner Penn's avenue and 11th street, BY WwW. D. WALLAOH. The STAR is served by the carriers to their subscribers in the City and District at Tum CEsTs PERWEEK. OUopiesat the counter, with or without wrappers, Two CENTS each. é PRick FOR MAILING :—Three nionthe, One Dollar and Fifty Cents; six months, Three Dol- lars; one*year, Five Dollars. No papers are sent from the office longer than paid for. The WEEKLY STAR—published on Fri- @ay—One Dollar and a Half a Year. SPECIAL NOTICES. HALL’S VEGETABLE SICILIAN HAIR RENEWER Is the only Infallible Hair Preparation for RESTORING GRAY HAIR TO 1T$ OFIGINAL COLOR, AND PROMOTING ITS GROWTH, It-ts the cheapest Preparation ever offered to the public. as one bottle will last lenserand accompl ish more than three bottles of anyother preparation. Our Renewer is not a Dye; ern eters. HE HAIR FROM FALLIN IT WILL KEEP THE A ING “OUT. Tt Cleanses the Scalp, and makes the Hair SOFT, ? LUSTROUS AND SILKEN. Our Treatise on the Hair sent free by mail. _ Rk. LL & GO), Nashua, N. H., Proprietors. For sale by all druggists. FREE A Larce 6p broos, and G. F. E TO EVERYBODY. Circular, giving infecmation of the | impo ice to the young of Both sexes. es how the homely may become beautiful, vxt respected, and the forsaken loved, jo young lady or gentleman should fail. to'seud their Address, and receive a copy ‘post-paid, by re= turn mail, Address P. O. Drawer 21. aps-d&weoly 7 Troy, New Yerk. LAW OF HUMANITY, IN RELATION TO SOOIAL EVILS. AN ESSAY FOR FOUNG MEN, on Physical Errors and Abuses incident to Youth and Early Manhood, with the hemane ¥ew of treatment and cure. Sent in sealed letter ervelope, free of charge. ‘Address Dr. J. SKILLIN HOUGHTON, Howard Association, Philadsiphia, my 18. SECRET DISEASES. ’ SaMARITAN’s GieT is the most certain, safe, and effectual remedy—indeed. the only yegeta edy ever discovered. Cures in two to four days recent cases fn twenty-four hours. No naineral, no. dalsam, ho meroury. Only ten pills to be taken. It is the soldier’s hope, and a friend to these who do at ee to be exposed. Male packages, $2: fe- mule, $3. a SamaRiTan’s Root anp Hers Juices.—A posi- tive and permanent cure for Spyhilis, Scrofula, Ul- cers, Sores, Spots, Tetters. &c. Price $1.25 per bot- tle. Sold by s Ford vertisement. my 3 ter. bro aft State Legislature. the former in 20.23. AMUSEMENTS. )FRST ANNUAL ANNIVERSARY OF TEE WASHINGTON BOWLING CLUB No. 1, CONNECTED WITH THE GRAND GENERAL PRIZE ROLLING Ten Pin Alleys, at HILL GARDEN. Capitol Hill, day. The attendance ment. stopped at Fortress. continning three days, MONDAY. June 17. "TUESDAY. June 18, and WEDNESDAY, June 9th. More than 40 Prizes, whose total value exceeds $400, will be awarded Every visitor can engage in this Prize. artillery, and B fantry, which h olling. Kansas, een G Chance to Roll, 50 cents. Admission to the grounds FREE. Heald’s Brass Band has heen ex~aged to entertain the visitors with Concert and Dancing Music. All friends cf @ solid Ten-Pin-sport are rexnect- Tully invited. je 12-W,S&™M*. METZEROT?T @ALL. _.W.C. DUNNAVANT. On MONDAY EVENING, June 17, at the re- guest of many friends and citizens, W.C. DUNNA- VANT. the highly successful Actor, utifal Reader and Elocutionist, will give aseries of SE- LECT READINGS from Shakspeare, Poe, Collins, Bulwer, Byron. To commence at 844 o’clock: Tickets fift music stores, and at the door on the evening of the entre, vs, for Junction City. 2.2434. Grave:end bay. done. STORM S W&ASHINGTON CITY SAVINGS BANK, corner siana avenue and 7th street, Pays Interest on Deposite, Buys ama Sells Bonds, Stocks, Gold and Silver. " fata ens J.A. RUFF, Treasurer. J. R. ELVANS, President. my 24-lm Jj4* COOKE & CO., BANKERS, Fifteenth street, opposite Treasury, Buy and sell at current market rates, and keep constantly on hand a full supply of all GOVERNMENT BONDS, SEVEN-THIRTIES, AND COMPOUND INTEREST NOTES. Orders for STOCKS, BONDS, &c., executed, and Collections made on se 1-tf e*ChANce OFFICE OF WILLIAM HUR- “4 LEY & CO. the following simp! all aceessible points. ~ uavel. Weare selling Bills of Exchange on England, Ireland and Scotland, for one pound sterling and upwards, at our office, 408 Pennsylvania avenue ap 29-3 WM. HURLEY & CO. First National Bank of Washington. slowly. BD. COOKE, (of Jay Cooke & Co.) President. WM. S. HUNTINGTON, Cashier. GOVERNMENT DEPOSITORY AED: uation to shut out the rain. FINANCIAL AGENT OF THE UNITED observed that this warnin, STATES, 1dth sireet, opposite the Treasury Department. Government Securities with Treasurer United States S7ONE MILLION DOLLARS. We buy and sell all classes of GOVERNMENT SECURITIES at current market rate FURNISH EXCHANGE end make Collections on dll THE PRINCIPAL CITIES OF THE UNITED STATES. We purchase Government Vouchers on the MOST FAVORABLE TERMS, axd give careful and prompt attention to ACCOUNTS OF BUSINESS MEN and FIRMS and to any other business entrasted to us. FULL INFORMATION in regard to GOVERN- MENTeLOANS at all times cheerfully furnished, WM. S. HUNTINGTON, Cashier. Washington, March 20, 1865, m 21-tf DENTISTRY.» « te WIE'S DENTAL ASSOCIATION De TS Pe TER ERATION, Sab~ Betweeh 12th and 13th streets. Teeth extracted withont pain b; jinistering Nitrous Oxide or Pencking Gri ae LEWLE bas recently purchased tho ve Sa en ratus in ‘the coun makin; ware eas every day; also, an {improved Vil ‘ vular Inhaler. The Association is now prepared to Teeth on Gold, Silver and Rubber at New York, Philadelphia and Boston prices. All per- sons W dental work done can have it as cheap as in the ve-named cities, All work done in the neatest and best manner, and warranted. to give satisfaction. Persons will do well to ron te4 e ‘ries of storms. ft altapy: Vy dt | pl ‘ort Washi ese two point Paris, June ‘aris to-day for Ge’ Pxstu, J examine our work. BETH. M. LOOMIS, M. D ‘The Inventor and Patentee of the MINERAL, PLATE TEETH: attends perse: at, al his office in this tity. Many persons cal ‘Wear these teeth who cannot wear others, . a4 Do pe. can wear others who cannot wear iene. Persons calling at my office cain be accommodated eas y oils oad price of Teeth they may, deaerot yu jose who aré particular, an: the . est, cleanest, strongest perfect aed d in sections be more fully warranted, tween thand iu wis,” Abo; S07 Arc eres in 9th a: : Philadelphia. , oc Bly acht, commands tart at an early day. | Four at 4 Bingu-sA gay: old boy of ears recently married in this city WOOD AND COAL. ay OAL! COAL « 2 : Best WHITE ASH at $8;by thé ton. All ‘sizes, to suit customers. Be Sawed and Split CAB WOORs 8 per,cord, looming maiden not‘out ot b’r teens, andon of br ‘t ag ig ber venerable DA Ys ¥ children IS St Tie os pense ne Cost CoaLi AT GREATLY REDUCED PRICES. 240 delivered in any part o ‘White Ash, $8.00. Eben oh, XXIX, 3 TELEGRAMS, &c. Senator Wilson, of Massachusetts, accom- panied by Charles W. Story, H. H. Coleridge, George W. Bond, F.N. Bird, 0, W. Slack,and R. W. Moree, of the same State; (reorgs H. Boker, ot Philadelphia; John Jay, J.'G. Hol- oyes, of New York; and Hon. Ubarles Gi®bons, Speaker of the Penn- sylvania House of Delegates, arrived at Rich- it will not staim the | mond Monday evening. They met several prominent Vineinians at the Governot’s man- sion, and had 2 conference as to how the two wings of the Republican party—that repre- sented by the late Richmond convention and that which proposes to hold another con vea- tion in Omarlottesville—may be reconciled. @p 18-eo2m ‘The conference is still in session. In the Supreme Court of New York yester- day; im the case of the Mayor and Aldermen of New York versus the Police Commission- ers, a decision was rendered against the lat- will be remembered that the case was ton behalf, of the city to test the right commissioners to exereise the licensing Hower recently conferred upon them by the ,A trotting match between two stallions, m=modere Vanderbilt and General McClel- lan, mile heats, three in five, te wagons, for 400, came off on the Fashion Course, New ork, Monday. Four heats were trotted, Gen. icClellan winning the first, second, and fourth. The third was a dead heat. SOX, 2.3134, 2.31%, and 2.30% |The annual regetta of the Harvard College crews for a prize offered by the University s.and lub took place in Oharles river on Monday. he first race (iapstreaks) was between Ju- uiorSephomore and Frestiimen crews, over a three-mile course, and was won by the former ih 2255. The second: race, (shelis.) over the same conrse, wes between the Scientific Sophos more and Freshmen crews, and was wen by The Right Worthy Grand Lodge, American Protestant Association of the United States, met in annual eession in Philadelphia on Mon- tions of the Union being represented. A new form of initiatory ceremonies was considered in committee of the whole up to adjourn- The steamship Emily B. Souder, from New York en route for Charleston, South Carelina, onroe Sunday to take or. beard companies B and H, 5th United States ©, 29th United States in. ‘e formed ‘part of the garri- son of the fortress during many months past. ‘Wade’s senatorial party were at Lawrence, The prizes can now be seen atthe show-wiaidow Won nae pails Pomerey and of Hd A. Schinedtie, ‘a4 Tth street, hetw Sen Earle ee eee sotued the! pasty; of the Union Pacific road. Ail left at 3 p.m. A pacing match between Magoozier and Ace of Spades, for $1,000 a side, took place at the St. Louis trotting park Saturday, rnd was won by Magoozier. The quickest time was The steamer Quaker City. Land party on board, is still at anchor in M. A. Hawks, on trial sota. for the murder of his wife, to get the in- surance on her life, has been acquitted. yeonik C vy ? The New York Constitutional Convention cents, to be had at*the principal hotels, thet again yesterday, but lite business was A large mass meeting of freedmen was held at Frederick, Md.; Monday. ALS DURING PARVEST. [For the Evening Star.) The storm which has pas.ed over this city for te lant tnree uaye must have traveled at Jeast a thousand miles in a seuthwest direc- tion. It is easy to see that a general warning df this and ajl srmilar storms could be given many hours In advance by means of the tele- graph. and cannon, If this storm had eome on in the midst of harvest, with large quantities of grain or hay cutdown, the damage would have been very great, amounting to millions of dollars, most of which could be.saved at a very trifling cost by. rhe general adoption of jé plan: When a storm commences in any partof the country and {s traveling an a certain direc- ion, ihe first telegraph station over whieh it passes is to send the news immediately to all the telegraph stations at county seats. scores or hundreds of-miles in advance, according to the» probable distance that the storm may At each county seat a cannon 1s to be Keptready by the officials at the court-house, @Md as soon as the news is received of acom- ing storm it 1s to be fired three times; at mter- ¥als of one minute if @ hurricane or hail storm is approaching; at iutervais of three minutes if the storm is traveling rapidly: and at intervals of six minutes if it is traveling As a good sized cannon can be heard dis- tioctly from fifteen to twenty milee in all di- Yections, of over & space trom thirty to forty miles square, by firingone ateacn county seat, the farmers for hundreds of miles over the whole country would be warned in time to get their grain or hay under cover, or in a sit- aseful in settled storms like the Jast, but it would be of equal utility in sudden and de- structive hurrieanes and hail storms, and also taose heavy thunder stoims that occur so fre- quently during harvest. This plan may be practically tested at this and many other cities and towns. it the Secre- arand ofthe Navy wilt issue or- ers to one of the forts, barracks, military sta- tions, arsenals or navy yards, situated at or costabout a dollar 8 weekat each the firing here is at'the Navy Yard e signais may “be re} e801 ‘Wi be heard ifty. miles Bquare,. If successful here ihe plan i thea be extended thro: eayre Gntry in time for the coming harvest. peed from ‘sound at ~ FROM ECROPR.; Lospon, June T!.—All the Fegign prisoners | Gon yieted of bigh-twedason have been tra: firee to England and p ancery caseof ghe United sti 8 been detided in faVor of the latiér. atch from Constantinople ubhmé Porte has itsued a firman declaring Egypta woven et 4a ne wie a Ee Emperor Francis Jos- b, new King of Hungary, has added to the latoef/ bis coronation »\by distributing vast mg Of-monéy among‘he poor, and by richly endowing various bengyolent institutions of is city. STEEL VESSELS,—An English scientific pa- r describes a steel beat, designed by the ¢bief constructor:of the Briush navy, which ip to go in search of Dr.Livingstone. be built exclusively of steel and chareoal iron. lates, one-sixteenth of an inch in thickness, | The heaviest of these sections | ill pot..weigh More than forty peunds, The at. cap thus be taken to pieces and carried on the backs of negroes from one piece of waier to ppeey, be ‘keel will esratignd of a st perfect denture | Balf-inch tron plates, in corresponding sec- that Str can procure’ the MINERAL wi toms,” Phe boat will be fitved/with a mast and uaa a fore and attenile.; Mr..Young, of the royal 3 one fell s wo Shatner ea cinateness , a si that all are doing rown > INQ WASHINGTON, D. C.. WEDNESDAY, JUNE 12, 1867. = ty the e: iditure of the SRV IZVOD ie rae grin hi 4 rela thy decided to ear effect. Mr. Wilson caid we were educating five or six thousand children in the District, and there were ten or fifteen thousand to be edu- cated. If the board should be censured for not ‘iving premiums, it would be very unjust. ‘he premiums were not an actual necessity, and he paoment the money could not be spared. to purchase them without taking it from some source where it was more needed The Mayor stated that in 1861 the amount re- quired forthe schools was $27,610; now it was $107,000; this would show how the schools had increased Mr. Johnson thought they had better give Star. N&, 4,450. TRIAL OF SUR commencement of the case women were in the crowd of s, in some time previous. same as On upon the Court. panel, sap Douglass, 0} Samuel The act o; 1862, entitled Time. | jection of jurors in the follow! the white male citizens tax within the city, whom hemay Is very larre, all sec- residing in Georgetown. officers is required to made, in the archives of mit the same to his successor. pacity. the names of eighty lists prepared by the forty persons erson: vy CO with the Holy St. Pani, Minne- trict. sons.” Whilethe work of liste 18 the several labor o: the requirement of the law. It sneuid also be would not only be severally tthe Storui Guns at Over @ space.of ut the A, Warsow. | names. laced ip prison. * iS V8s pickae de- ports that the. Ra nde Hi ey their intention. previsions it was tion of Congress ing.—The Ozar left or any other single ma: It will | Congress thought Purposes ot jus! combi jective power to cers; the. Register of Washin, LOCAL NEWS, RATT. The trial-ot John H. Surrajt. was resumed this morning im the Uriminal Court, before Judge Fisher, when there was a very large Attendance, and for the first time since the — two or three Ata quarter before ten o’clock’ Judge Fisher en- tered the room, and the Court was opened by Mr. Mulloy, the prisoner having been brought He was attired the yesterday. and during the time Jnadge-Fisher was delivering the opinion he séemed much interested, and had his eye fixed pectators, Judge Fisher announced that he was pre- vented from being present at nine o’clock on agcount of being much indisposed. He stated that he had considered the argumentadvanced by the counsel on each side to quash the rted by the affidayit of Mr. fered by the prosecutien, delivered the following opinion: Uniied States vs. John H. Surratt, Indictment Murder.— Motion of District Attorney to quash the array, grounded upon the affidavit of ‘Bou ‘lass, Registet of Washington city. Congress, approved June ‘81 “Am act for the selection of jarors to serve in theseveral Courts of the District of Columbia,”’ provides for the se- ing manner: First, it makes it tae duty of the Register of the city of Washington, on or before the ist day ot February, to prepare a list of such of povers residing eem best quah- fied to .erve as jurors, in which he may in- clude the names of such qualified persons as were on his list for the previous year, but who did not serve as jurors; the Olerk of the Levy Court is also required to makea list by the same time and in the like manner. from such persons qualified to serve a3 jurors, who re- side in that portion of the District notincluded 1m either of the cities of Washington or George- town, and the Olerk ot the city of Georgetown is required to make’ at the same time and maaner, a list of persons qualified to serve as jurors, from citizens of similar qualifications And each of these reserve such list so is office, and to trans- The making of these several lists is to be the work of each officer in his separate official ca- The lists for the three principal divisions of the District being thus prepared, itis made the duty of these three officers to act together and select in their joint capacity, from the lists 80 prepared as aforesad by the Register of Washington city, the names of four hun- dred persons ; and from the Georgetown lists ; and from the urt the names of The first section which imposes the dutyof preparing the lists of qualified jurors, treats of that duty as the duty of these officers re- spectively. Each one is, inthe express lan- guage of the act, ‘to make @ list, ’ and each is permitted by the law to place upon his list the pames of such qualified persons as were on the list of the previous year, as, ‘in the discre- tion of the officer making the same,” may seem roper. The lists are to be made by them, and ept by them respectively, each one preparmg and baving the charge and sate keeping of his ewn list of the persons for his respective dis- About this there can be ne doubt, and, in- deed, there is no controversy in this case. ‘When we come to the second section ofthe act which provides for the number of names to be selected from these several lists of persons quaified to serve as jurors, persons of whose qualifications eacn of these officars is to judge severally within his Own jurisdiction or pre- cinct, we find that the Legislature no yonger uses the word respective or respectively but proceeds to declare in ipsissimis verbis “Laat the officers aforesaid” (all of them, not one ur two, but all three of them,) “shall select from ie list of the registers of Wasnington city the names of “00 persons; from that of the Clerk of Georgetown, 80 persons; and from that of the Clerk of the Levy Court, 40 per- reparing the three the officers inde- pendent of one another, the work of selecting the 520 names ie devolved upon *‘the officers aforesaid;” the whole three conjointly. It may not, perbaps, be necessary that they should ail three meet together, and at the same time and place agree upon the 40) names to be taken from the Washington list. or the 80 from the Georgetown list,or the 40 from the County list; but certain it is that all «the officers aforesaid” shall select the number of names prescribed by the statute. 1f one of the clerks only shall make the selection from the list prepared by himselt, or even if two of them sball make the selection, this will not meet The principle has been too well established by a long current of decisions to be now ques- tioned, that when the law, enjoining upon three or more the duty of performing an act. ‘without giving to & majority the power to act in the premises, all must act, or the action of those who do act isa nullity, and there is nct in the statute in question one single word or syllable tbat looks in the least towards a se lection to be made from the three Lists or any of them, except by the unied judgment of the three officers upon whom the duty is imposed. It is just a8 certain, therefore, that the entire three must act in making the selection of the 520 names for jurors as that e&ch of the clerks and the Register isto prepare his own lists After these 52) names shall have been se- lected by ‘the officers aforesaid,” then the fourth section of the act of Congress further ear cities, to fire Sigual Guns when furnished oe that «the names selected from said by the telegraph with news of apprcacning fhe Ameriesn Telegraph Ue., as an xperiment, will/douhtiess, furnish telegrams storms from whalever di- ceion. lobe spain tor by) the city when the BB corto shall befuthy demonstrated. e*HE t. ists shall be written on separate and similar pieces of paper, which shall be so folded or rolled. up that the names cannot be seen, and (placed in a box tobe provided by the Regis- terand clerks aforesaid, which box shall be “Sealed, and after being thoroughly shaken shall be delivered to the clerk of this court. fifth section provides that when juries are needed for any of the courts during the year, the ‘Register ard city clerks, and the clerk of this purt, shall meet at the City Hall, and such ‘juries shall be drawn by the clerk of this court, who is to publicly break the seal of tne box and proceed to draw the requisite number of Such are, briefly stated, the'provisions of the act of Congrese upop which the motion in chis case toquash the array is rested, as I under- stand them, and as I apprehend they must be understood by everybody possessed of ordi- nary capacity and tree rrom the bias of inter- est sep xepeciion There can be no other con. | ut upon these provisions, which violence to, and indeed utterly the Ianguage used by the legislature In enacting these doubtless the inten- mo longer mm the hands of,one man—the Marshal— nm, the power of selecting juries in whole or in part, except in the exigencies of certain cases for which they provided in the same act, and which cases are of rare occurrence This power vested oftentimes in Marsha! mobody doubts had theretefore been often grossly abused and in many instances made the instrument of injustice and wrong, and it would better serve the if it should substitute the or four offi. igton City, tne ls and Sheriffs, He then The to leave oughly shaking it, and then depositing it with the clerk of the Supreme Court, as required by the fourth section, and then meeting after- waras in the officeof the clerk or the. court, to ‘witmess him break the seal and draw the names ot the jury required for the present term of this court, as provided for m the fifth section of the act, the clerk of Georgetown city at the same time, though in the presence of the clerk of the court and the other officers, pro- ceeded to draw:from the box the names of this present panel, to which ehalienge is now made. This was alse a most reprehensible disregard of theplain provisions of the act. ‘These are the facts upon which this applica- tion to qursh the array is grounded. The qnestion prosented by the law and the facts, (which are all admitted by the demarrer,) tor the decision of the Court, is two-fold its ‘character. Ist: Does the law of Congress re- quire that the judgment ofall three of the of- ficers named therein shoufd either unitedly or severally pa:s upon the entire 520 names re- qnifed.to go into the box in making this se- lection from the three lists. or does it only re- quire that the Clerk of Georgetown only should pass judgment in selecting thes0names from that city; the Clerk of the Levy Oonrt, upon the 40 to be chosen from the rural por- tion of this District; and the Register of Wash- ington to select alone the 400 to be taken from this eity. Secondty: Whether if the act ot Congress does require the jadgmentofall'three of these officers to be exercised in the selection of theentire 520 names to be placed in the box, the placing them there in the manner de. scribed by Mr. Douglass in his affidavitis. canee of principal ehallenge to the array. 1 am clear in my eonviction that the law pa orange the united judgment of the three officers named in the act in the selection of the entire number of names to be placed in the boxe ioe the reasons that I have already men- med. 1s, then, the several action of each of these officers in selecting exclusively from his own list, and not even looking at the lists of either of-the others, or even knowing any of the names taken from those lists, to be placed in the box, as sworn to by Mr. Douglass, and admitted by the counsei for the prisoner, a ground in law upon which to set aside the array ? Itis argued by the counsel for the prisoner that it is not; that nothing except a defect in the summoning of a jury by the sheriff is rincipal cause of challenge to the array in gland, by the common law, which we have inherited from our British ancestors, and which is the law in this District by which we are to be governed in the decision of this question; apd the case of the Queen against O'Connell and others has been cited by the counsel for the prisoner at the bar as conciusive of the question in this case. liconfess that my veneration for the com- = = all] the medals,and premiams or give nothing, fairly, and impartialiy executed in all its re- Mr. Woodward thought it was of more im- quirements. ‘he three officers specified in the | portance to keep the teachers paid up. He act of Congress stand in the place of the Mar- | was in favor ot dispensing with the premiums skal or Sheriff. Juries who are summoned to | as the mowey could not be spared. try cases in this Court, must not only be sam- The Mayor said an effort shonid be made ‘o moned properly, but must be selected in obe- om the Councils to provide for & more dience to the requirements ot the laws. The | liberal tax for school purposes. There was case of O'Connell can scarcely be said to be | no Poll now and at least $13,000 for the schoel regarded as law in this country, where mere | fundhad been lost by having no poll tax at forms at this day are considered as ot mere sec- | jhe last election. The tax for school parpgaes ondary importance when compared with the | chould be raised to 25 cents on the Snaded substanceotthe law. Ifany partialityordefault | dollars. in the sheriff or his deputy in arraying the Mr. Johnton offered a-resolntion stanng that ane), gives either party the rizht to chal- | the school fund at the presen: time, was inad- lenge the array, as is undoubtedly the law— | equate to meet the increased expenses of the vide 3d Blackstone, 359—then such partiality Public schools; therefore, Be it Resulved, That or default on the part of those who are substi- | until more ample provisions are made the tutea for the sheriff must likewise be usual medals and premiums to the scholars be cause of challenge to the array. In the State | dispensed with for the present year. of New York it has been held, in the case of The yeas and nays were demanded on the Gardner vs. Turner, 9th Johnson, page 260, passage ot this, and resuited as follows: that the drawing of 72 nam theclerk from Ayes—Mesers. Wallach, Wilson, Tustin, the jury box instead of 86, the number re- | Brown, Woodward, Fex, Johnson, Cassell, quired law, and the selecting ot 36 by him | Creggon, and Whyte—10. outof the 72, amd his direction to ‘the sheriff Nays—Mesers. Rhees and Clarke—2; andthe tosummon the 36 thus selected by him, was | resolution was adopted. such default as would sustain a challenge to Mr. Tustin offered a resolution extending a the array. In the case of James Maguire, | cordial invitation to the members of the City plaintiffia error, vs the People, defendantsin | Councils and other officers of the Corporation, error, (2d Parker’s Criminal Reports, page | and to ali iriends of popular education, to 148,) it was held ‘hat inasmuch as the | attend and participate in the examination of District Attorney was required by statute to | the public schools, which was unanimously issue his precept for summoning the pettit adopted. jury, a jury summoned by the sheriff without such precept was wrongfully summoned, and the comviction bysuch jury was held to be er- Toneous, and the judgment of conviction was reversed. In the State ot Delaware, prior to the year 1850, the law regulating the sammon- ing of juries required that in cases of oyer and terminer the jury should consist of the 36 ju- Tors who were summoned to attend the court of general sessions of the peace, and twelve others specially summoned for the court of oyer and terminer, which two courts were held at the same time and by the same judges, with the exception that in cases ot oyer all four of the law judges sat together instead of we three, who held the court of general ses- sions. = * n the case of the State vs. John Windsor, 5th Harr., 512; indicted for the murder of his wife, which was tried 1n 1650, before a very able bench, and by counsel distinguished for their leanring and ability onfeither side; a case which was fully argued and considered, it was decided that inasmuch asthe act of As- sembly provided that the thirty-six jurors summoned for the Court of General Seasiors should also be sammoned to attend upon the Court of Oyer and Terminer; and as these General Sessions jurers had not been so sum- moned to attend the Uourt.of Oyerand Termi- ner, although they were there in attendance, the mere failure of the sheriff to insert in their summons a notice to attend the Uourt ot Oyer, Mr. Rees offered the following: Resolved, That the City Councils be re. quested to amend the law of November 12, 1858, relative to the public echools, as tollows: ist. To protide for three trustees from each werd, to be elected by joint ballot of the Couns cils, one third of the members each year. 2. To provide for a superintendent of schools, with suitable salary. 3. To provide for the election of the secretary and treasurer by the Board ot Trustees itself. 4. To increase the tax for school purposes to an amount snf- ficient to meet the expenses without drafts on the general fund. 5. To increase the salaries of teachers so that persons of proper qualifi- cations may be secured, and allow the Board to grade the compensation according to length and nature of service. The resolutions were considered separately. As to the first, Mr. Rhees said, so far as tne present Mayor was concerned he had not and ‘would not regere Politics in appoinung mem- bers of the ‘d. But his term was nearly out, and it might be that hereafter politics might be considered in making the appoint- ments, and a new board enurely might be appointed. r. Oroggon said if that resolution was puceee No doubt fonr colored gentlemen would ppointed, and he, for one, would not serve with colored men. The vote was taken, and the first resolution rejected. Th cond one ‘was adopted. The third was postponed, and mon law of England may sometimes even run | Was sufficient und upon which to | the fourth adopted. The fifth was then taken into a weakness, but the day is long passed | quash the entire array, and it was up; and Mr. Whyte said hethought the teachers with me, and should be with everybody, | done accordingly. It ‘would seem at | were very well paid. They worked about two when decisions of courts and mere arbitrary | first view that the challenge upon such | hundred days in the year and but six boursa utterances of text writers, however hoary | grounds in either of these cases was an objec- | day. with age, or exalted in position, are to be ac- | tion merely sticking m the bark, and yet Mr. Brown.—Yes, but they nave to live all cepted as procustian beds, on which other | <uch is the careful regard which courtsin this | the year. courts and other people are bound to fit them- selves, with or without reason. With me no decision is of weight that lacks of reason for its solid foundation, unless it be the decision ofasuperior court that holds a mastery over me, whose mandates, mght or wrong, reason- able or unreasonable, I am compelled by law to obey. The grand object of jury trials in thiseoun- try or in England is or ought to be, and is supposed to be 4 fair and impartial investiga- tion of the subject im controversy by honest and upright men, who are entirely indifferent between the parties to the suit. It was to sub- serve this view that challenges were per- mitted to be made either to the array or to the poll, and either by principle or by favor, some persons entertain the idea that challenges and many other advantages are gtven by the common law to the prieoner ex- clusively, and nothing to the State. Thiers a, if We sbonld cay ther oll the prOVisioOns an formulrries of "the common law were in- vented simply for the purpose of preventing the public from obtaining its jast demands upon theg guilty offender against society. It isjas though such formularies were a mere means and ceremony by which the accused is to derive every advantage and have every means to assist m setting him at large without respect to the rights of an offended commu- nity. 1 entertain a difierentopinion. 1 concur with Chief Justice Gibson, of Pennsylvania, im tbe case of the Commonwealth vs. Joliffe, 7th Wat's, 585, in which he says: + Total im- punity was not the end proposed by ine Legislature, nor ought it, perkaps, to be desired by the philanthropist. It is not easy to discover a conclusive reason why the punishment of the felon ought to move our tenderest sympathies, or why the Jaws ought to be defectively constructed, on purpose that he might elude them. To rob the executioner of his victim, when the Inws are sanguinary, it might be an achievement to boast of; but we are told at the mitigation of our penal code that the certainty of conviction to be expected from mildness of punishment woula more than compensate, in its effects, the want of that severity which was thought to deter by its terrors. * * * * If it be far- ther indulged, ashorter and certainly acheaper way of obtaining its end wonld be to have no prosécutions atall. Butitisone which would scarce be found to answer in the s.ate of the times. Why, then, should the prisoner have country entertain in respect to the selection of jurors and the eccuring of a fair and impar- hal trial on either side that they ever re- quired strictcompliance with the very letter o: the law, no matter from which side the challenge may be moved. It is just asim- portant to have fairness and impartiality upon the one side as upon the other; otherwise the trial of a criminal, however deep his infamy, may be madea mere farce through which his enlargement is te be procured. If it be im- portant to observe the mere forms of the law, it is && My Opinion of much greater impertance fully to comply with the least of its substan- tial r- quirements. Believing, therefore, that the substantial Tequiremenis of the act of Congress in this case, providing for the selection of a fair and impartial yury, Dave not been cemplied with, Mr. Woodward thought good pay should be given to seeure good teachers. He would Tather see the teachers weil paid, and the Trustees have nothing. The resolution was passed, and the board adjourned. Signs OnrHans’ CourT.—Yesierday, the will of Frederick A. Birch was fully proven and ad- Mitted to probate and record. The will of Elizabeth Morrison was fully proven, and let- ters of administration issued to Adolphus Lin- denbobl; bond $5,W0. The will of Thomas Goodall, deceased, was filed, fully proven, and admitied to probate and record. Geo F. Gulick and Geo. W. Goodall, the executers, Tenounced their right toqualify, and letters of administration were granted to Hannah Good- all; bond $2,000. Margaret G. Meade was ap- but entirely cet at nought, ape that there has et guewien to ae Maley crpkan of Biber WHA VAR LARS BE Part of those | Daniel an sidget Malay, bond Sem. “Wm. place of the Marshal, for the purpose of having | and Lewis H. Emmert, orpuase of weery ana them exercise united judgment in the selection | Louisa Emmert; bond £2,510. 2 Riches! bomp- of all the persons whose namesare to go in the | 80n, Esq.,was appointed guardian to eee jury box, | am constrained to aliow the motien | Ann and Susan Gibson, orphans of Joshua ot challenge in this case. 1 do not consider the | Gibson; bond $5,000. 43 53 fact that the present panel were improperly The accounts ot Honors 9 Brien, guardian drawn by the Clerk of Georgetown, who had | to the orphans of Patrick O Brien, were ap- no right to put his hand into the box, because | proved and paseed the objection which 1 have allowed lies even deeper than that. it is therefore ordered by the court that the present panel be set aside, and that the Mar- shal of tne District of Columbia do new pro- ceed to summon a jury of talesmen.”’ Judge Fisher then ordered the Marshal to summon 26 talesmen; and further ordered the final discharge of the present panel, remarking that they would be paid off by the Marshal. The prisoner remained in the court room some time after the decision was given, (en- gaging in conversation with his counsel and his brother, who sat near him,) seeming to be in very cheerful spirits. Most of the crowd had left the room by 11.15, at which time he was conducted to jail—_the Marshal having been directed to summon the talesmen for to- morrow morning. At 11.30 the court ad- journed. ee ey Beard of Scheol Trustees. The reguiat monthly meeting of the Board of Trustees of Public Schools was held last evening in their,room,im the City Hall. Mayor Wallach in the chair, and all the members ALEXANDRIA AND ViciniTy.—The cuzeile of yesterday says: Itis proposed to hold a meeting to-morrow, of such of the tarmers and landowners in the adjacent counties, as may be in town, to con- sider and consult upon some practical plan for aiding In inducing emigration to this State. and this section of it particularly. This subject deserves. nay demands, attention: and interest as well as patriotism mpite in arging ourpeopleto be earmest in the matter. We have co often expressed our views as to the importance of labor and capital in Virginia, in erder to restore its prosperity, that it is needless, on this occasion, to reiterate them in our eolumns. Under the changed condition of affairs we require laboring farmers, who can cultivate efficiently and profitably. sach portions of land as they can purchase, or se~ cure with moderate mea: An inquest was held at noon ‘0-day on the body of a colored boy named Silas Russell, who died this morning at the house of his. mother, on Royal street, near Jamieson & Collins’ foundry. 1: appears from the evi- las worked for Mr. How- more than serves” (speaking of challengers) | present. dence taken that S: ‘ “to give bim a fair trial, and his twenty pe- Mr. Wilson presented a communication from | 9Td, near Accotink, Fairfax county, and on remptory challenges certainly gives bim that; | Rev. Father iget, returning his thanks to Saturday, while in an eat field with another colored Boy named James Bird, alias Winters, 8 quarrel ensued between them, and Bird struck Russell on the head with the nandle of 8 hoe, fracturing his skull and stunning him foratime. Russell, after coming to himeelf, walked to this place and sought medical aid, but this morning died from the effects of the blow. 7 The soldier trom Battery Rodgers, who stabbed one of his companions at the Brown Shed, twoor three weeks ago, was sentwut to Fort WSipple this morning to be tried. The soldier who was stabbed is rapid!y recovering from his wounds. The Baptist General Association was s‘illin session in Lynchburg on yesterday. On Sat- urday it was decided that the body meet next session in Alexandria, on the Thursday be- fore the first Lord’s Day in June next. One of the young men of this place had his band seriously injured yesterday-whilst play- ing a game of base ball. Some real estate was offered for sale in pe yesterday. but withdrawn for want of ere. + | Numbers of sturgeon continue to be canght every day in the Potomac. The cool weather is faverable-for the wheat. +20 -_____ Dr. LivinGrone’s FaTr.—Atfter a great deal of contradietory tesumony, the ‘last mail irom London has brought evidence which places the fate of Dr. Livingstone beyond doubt. A letter bas been received an Londom, from 4 friend of Dr. Livingstone who jives and having secur=i to him all he hada right to require, It must have occurred to the legis- lature that the Commonwealth must have a fair trial, too.” Let us now see whether the case of 0’Con- nel and the (Queen, tried in 1844. isone which ‘We ought, according tothe counsel of the pri- soner at the bar, to accept as conclusive upon the question now before us. In that case py 3d and 4th Wijliam 4th, chapter 91, and by 4t! and 5th William 4th, chapter Sth, certain pro- visions were made regulating the mode in which certain books should be prepared, trom waich the shreriff was required to make a selection of juries In tbe preparation of one or more of the lists from which these jury books were Made, a number of names ef persons quali- fied as jurors was omitted. A chal- Jenge to the array was made in this case on the ground of the omission and it was beld that such omission in one ef the preliminary lists was not a sufficient cause of challenge to thearray. But that is by no means the present case. "To make the case at bar simjlar to that of O'Connell, and bring it Within the ruling in that case, it would be necessary that Congress should,in the law for summoning juries, Lave incorporated a pro- vision requiring that the three officers who stand in the place of the sheriff should have plepared their respective lists from the lists of the aesessors or some other officers, and that in making the lists of said other officers some Degligent or fraudulent omission should the Board for declaring hoiiday on the 27th of Mey, in order to allow the children to par- ticipate in and witness the celebration by the Catholic Sunday Sehools. The Secretary laid before the Board the ab- stracts of the teachers’ reports for the month of May. showing the conditions of the schools. In the First District the whole number in at- tendance was 1.116, four of whom were ad- mitted by transfer, and 38 by ticket. There were 103 applicants awaiting admission; visits of Trustees, 83. In the Second District, the whole number in attendance was 1,265: ad- mitted by transfer, 4; by tickets, 46; applicants, 115: visitsof Trustees, 146. In the Third Dis- trict, the whole number in attendance was 1,311; admitted by ticket, 2; admitted by trans- ter, 26; applicants, 282; visits of Trustees, 61. In the Fourth District, the whole number in attendance was 1,089; admitied by ticket,2; ad- mitted by transfer, 30; applicants, 125; visits of Trustees, 64. The Treasurer presented & number of bilis, ‘which were approved and passed. Mr. Woodward presented the application of Miss L. M. Hunter, as teacher; referred te the committee on the examination of candidates. Mr. Rhees, chairman of thé committee on rules and, regulations, suggested that the Trustees keep a record of the examination on ascale of marks from one t ten. * Healeo presented the following rules to be observed im making the examination for premiums for spelling, offered by himself sometime since: Five posi’ from each gram- ir have occurred It may be admitted, | marschoel and five from each intermeaiate | in Africa, dated on February 23d. The writer without any prejudice to the motion in | School, to meet at half-past eight o’clpck on says, with regard to. the Doctor and those who this case at the omission by such as. } Saturday, June 22, at the school no’ in | accempanied him: “I have received an ac- sessors or other officers to make a com- ete jist, from which the list or jury k, if we may so term it, us by the Register and clerks in order to inform Judiciary Square. 2. Examinationsonly to be centinued two hours, and no extension of time allowed. 3. No teacher will be allowed to be present. 4. Each contestant to bring count of their journéy and of the attack of the ‘eavages on the Doctor's patty in which he was killed. The only witness of his death states that about noon + were them as to whoall the persons legally qualified | 8)ate, pencil,.and lead-pencil, 5. The teacher traveling over a large plain. ctor a8 jurors in their reapective jurisdictions we: to select the five contestants, and to be sure | and nine Africans were ahead. Suddenly he Would not have been sufficient ground ot itself | they are all present, or others in their places. | heard the Africans cry. out; “Mavela! Ma- to set up this motion. And yet I am tree to say that in my opinion it ought to be sufficient. But admitting it were not, itis a very different case trom the one before us. Here Congress requires that we combine the judgment of three The same gentleman reported the following ag amendments to the rules, and they were postponed until the next meeting, under the rules. Strike out rules 2, 3, 4, and insert the. following: “Applications for admission shall vel He ran on and saw a number of mea rushing on the Dector and the Africans. Three made for the Doctor, who shot down two, bat was cut down himself by the third. Moosa, the narrator of this sad event, clerk of Georgetown, the clerk of the Levy | officers in selecting the of whom the | be made to the teachers of the schools, who | fired his gun and ran back to bis countrymen, art, and the clerk of the Supreme Conrt, in | juries are to be. co: . Each of these | shall place the name of each applicant Prop: and they escaped into the grass and bushes. the place of the much abused and arbitaary |. officers is to be a guard over. other two, to | erly qualified to enter on the register and #ill | At dusk they returned to the where Dr. solitary power of the Marshal. This jan-’|.preventbim from ‘wrong against | vaeancies in numerical order of applicants,” Livingstone was ed, and found his body, guage in my judgment expresses the intention dividuals or the comma: yatting in | Strike out hn 3 of rafe 5,and insert: | the bodies of the two Mavelas whom beshot, asclearlyas any idea can be pictured by the | the box from which jurors for& le yearare | “Application as they are made in regniar or- | also the bodies of four, of the Africans. They English language, Each of these officers was | to be taken in all the courts, the names of per. | der.” : Strike out. of paragraph 5, rule 10, the buried the Doctor,and then set off as fast as the expedition, which isto | gouptiess intended to act as @ safeguard | sons who are diequalified, either from want of | words, ‘member of the Board,” and substitute | they could go on their return for the coast, and une ae Inst any abuse which the partiality, bias,.| mental capacity, meral recutade, purity of | “teacher.” Rule 67. Strike out and substitute | after escaping. two or times from bands ot sixty} sing alle Nip to commit, E™ POF | tone, ant Of Proper age, oF aa=peyingual- | The achoole AMAL! be pbened pusctaally at-| of Mavolas, ieac Cirioans Foreive sad roses mb) ure commit cation. re as . P. ebs £01 ave ‘The affdavitof Sambel Douglass, the Regis-|. Af one of these officers, aa Mr Dougiaas ‘aid | a0 sek toma October ist to April ist, and | Zanaivar, which 1s very improbable, sais ss ter of Washington city at the time of the gelec- | om the occasion of filling the yuty box in Feb- | closed at 2 p.m.” Rule 68. Change recess of | ai) that will éver be known of the fate of, D: len, made in January or February last, of tbe | ruary last, should exercise'am exclusive judg. | sixty minutes ati? m.to 15 minutes. Rule 72. Livapgstone. The Mavelas, who have come es from which t panel of jurors | ment in selection of 400 ont of the 520 beginning of vacation from 15th of | from. he South in considerable numbers, are shows: ist. ‘eotihnes ‘k of | names put into the box, the ¢ which | Ju 4th of Jaly. ‘ killing the unfertunate “who Dave. ) Georgetown or: of wy Oeart saw one | Congress sought by the ac: row sroand |. . Wilson, chairman of the committee to | neither £0} nor the 1 of ; and weare | ginglename on bis iist, much less-aided or co- | the selection of jurors is rth @ fig! and |’ prepare a for the annua) examina- | themselves.” tee the mat- il, and that F operated with him in. selecting the 400 which | the law was not worth the timeconsumea in Homa Report the sameto the board: {Pab- | ter,and all hopes.of Dr. Liv: return of them: Jaw : vequires: ese three “officers wage. Mr. Dou Y peep parpoubt- liphed in the Star of Saturday. pe: have bees given up in Dee Aid ¥ Sioresaid*"nhould select, and thas he did not | less is, an Honest, fair iorable [ett pokes two sehools in the Fourth 4 8 siigle name upon the.jist of either of the mpan; byt shedew cos: it outhatac- | District. been omitted. 87 So many New E. are set- Otbére, oF co-operate in selecting from their | count, for we SAREOL e shop u , tore Pen ie ary: it shows each of-| ma) Continue be filled by such |. It wi a 4 e bere ut sauarwe Dee ie enacted to Lgiah gh descronc a penced -. rons is es ¥ «| par men from carryip; jishones- ncepres belt peek ter ve" dich independen of | ty, oes) OF 2 and we have no tis + Aiaemee - Hype , and without the. it w'| right to relax thesaw. = seaecpiny | eee en ee = wees = i ng me rae 40d Lingua