Newspaper Page Text
? J ?1??
? W ^ ^ ,1 , . i >*a r ay.Kfirfcn firming Star. ???>???? ? ? ii ii ? ^ ? i i .I . ? s -ii 4 ? ? < ? % - j ^ " * V01''. XXIX. WASHINGTON. D. C.. WEDNESDAY, JUNE 12. 1867. N2. 4.450. THE EVENING gTAR 19 PUBLISHED DAILT(?TT1H>A7 EXCEPTED) AT THE ST AS BUILDING, Sntfkmtt corner Penn'a avenue and lift itreet, BY W. D. WALL AO H. The STAH l? served by the carriers to their subscriber! in the City and District at Tn Csbts fir wkk. Oopies at the counter, with or without-wrappers. Two Ckhts each. Pkic* tok Mailiho Three months, On* 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 day?On* Dollar and a Half a Tear. SPECIAL NOTICES. HALLS VEGETABLE SICILIAN HAIR RENEWKR Is the only Infallible Hair Prt partition for RKSTOa/^G GRAY HAIR TO ITS OlilGiNAL COLOP., AND PROMOTING ITS GROWTH. It is the cheapest Frtparation evtr offered to the pvtlic, as one bottle will last longer ana acrompf 13k tnvre than three bottles of any other preparation. Our Renewer in not a Dye; it will not stairj the ?kin a* others. !T WLL KETCF THE H*IR FROM TALI.INO "OCT. It cleania the Scalp, and makes the Hair SOFT. LUSTROUS AND SILKEN. Onr Treatise on the Hair pent free by mall. R. P HALL A <;0., Nashua, N. H., Proprietors. For sale by nil druggists. * p i8-eo2m FREE TO EVERYBODY. A Laree 6 pp. Circular. giving information of the grt at. st importance to the youn& of tooth soxes. It teaches how the homely may become beautiful, the deapiwl respect*-*!, and the forsaken loved No youn* lady or gentleman should fail to send their Address, and receive a copy post-paid, by re-' turn tivttil. Address P. O. Drawer 21. ?i?3 dJiveoly / Troy, New York. LAW OF HUMANITY, IN UKLATIO* TO WO'AL EVILS. AN ESSAY FOR TOUNG MEN. on Physical Hrrorn and Abuses incident to Youth and Early Manhood. with the hemane v ew of treatment and <-ure. Sent in "ealed k'tter errvelope, free of charge. ' Address I?r. J. SK1LL1N HOUGHTON, Howard Association, Philadelphia, Pa. my^8-381 SECRET DISEASES. > Sam aritan's Gift is the mopt certain, <?afe. and effectual remedy?indeed, the only vegetable rem edy ever discovered. Cures in two to four days, and recent cases in twenty lour hours. No Mineral, no balsam, no mesoary. Only ten pills to be taken. It is the soldiers hope, and a friend to these who do not want to bs exposed. Male packages, $2- fe male, ?3. Samaritan's Root asd Herb Juices.?A posi tive and permmnnt cure for Spyhilis. Scrofula. Ul cers. Sores, Spots. Tstters. 4c. Price f1! .25 per bot tle. Sold by S. C. Ford. See advertisnnent. my 8 AMUSEMENTS. "~ I>IRST ANNUAL ANNIVERSARY OF THE WASHINGTON ROWLING CLUB No. 1, CONXECTKD WITH THE GRAND GENERAL PRIZE ROLLING on Ten Pin Allevs, at BAIEB'S CAPITOL HILL GARDEN. A street, Letweeu ath and 6th sts., Capitol Hill, continuing three days, MONDAY. June 17. TUESDAY. June 18, and WEDNESDAY, June 19th. More than 40 Prizes, whose total value exceeds ?400. will be awarded. Every visitor can engage in this Prize-Rolling. The prizes can now be seen ate he show-wi.idow ofH.4 A.Schmedtie, *45 7th street, between G and H streets. Chance t*> Roll, 50 cents. Admission to the ground"! FREE. Heald's Brass Band has been er^aeed to entertain the visitors with Concert and Dancing Music. All friends cf a solid Ten-Pin-sport are reinect fnlly invited. je 12-W.S&51*. METZEROTI BALL. W. C. DUNNAVANT. On MONDAY EVENING, June 17. at the re quest of many friends and citizens, W. C. DUNN A "VANT. the highly successful Actor, beautiful Bf-ader and Elocutionist, will give a series of SE LECT READINGS from Shakspeare, Poe, Collins, Bulwer, Byron. Ac. To commence at 8o'clock. Tii kets fifty cents, to be had at'fhe principal hotels, music stores, and at the door on the evening of the entei tainment. jelO-MWSAM BANKEES. \kTASHINGTON CITY SAVINGS BANK, , comer Louisiana avenue and 7th street. Pays Interest on D*?poaito, Bujo <??d stall & Bomlg, Stocks, Gold aud Silver. J. A. RUFF. Treasurer. J. K. ELVANS. President. my 24-ltn JAY COOKE & CO., BANKERS, Fifteenth street, opposite Treasury, Buy and sell at current market rates, and keep constantly on hand a fnll supply of all GOVERNMENT BONDS, SEVEN THIRTIES, AND COMPOUND INTEREST NOTES. Orders for STOCKS. BONDS, Ac , executed, and Collections made on all accessible points. - ee 1-tf ' ?EXCHANGE OFFICE OF WILLIAM HUB MU LEY & CO. We are setting Bills of Exchange on England, Ireland and Scotland, for one pound sterling and upwards, at our office, 40S Pennsylvania avenue ap 29-3m WM. HURLEY & CO. First National Bank or Washington. D. COOKE, (of Jay Cooke & Co.',) President. WM. S. HUNTINGTON, Cashier. GOVERNMENT DEPOSITORY A*D FINANCIAL AGENT OF THE UNITED STATES, 1 ith street, opposite the Treasury Drpartmtnt. Government Securities with Treasurer United fctates XT ONE MILLION DOLLARS. We buy and sell all classes of GOVERNMENT SECURITIES at current market rate FURNISH EXCHANGE and make Collections on ALL THE PRINCIPAL CITIES OF THE UNITED STATES. We purchase Government Vouchers on the MOST FAVORABLE TERMS, asd give careful and prompt attention to ACCO UNTSOFB U SI NESS MEN and FIRMS and to any other business entrusted to us. FULL INFORMATION in regard to GOVERN MENT LOANS at all times cheerfully furnished. WM. S. HUNTINGTON, Cashier. Washington, March 20. 18S5. m 21-tf DENTISTRY. |U. LEWIE'S DENTAL ASSOCIATION, JLT^V No 200 PENN A AVE, Between 12th and 13th streets. Teeth extracted without pain by administering Nitrous^ Oxyde or Laughing Gas. Dr.. ? LEWIE has recently purchased the bc&tL Chemical Apparatus in the country fo*-^^ making pure gas every day; also, an improved V&1-" vular Inhaler. The Association ia now prepared tomakeT?eth on Gold. Silver and Rubber at New York, Philadelphia and Boston prices. All per- , sons wishing dental work done can have it as cheap as in th? above-named cities. All work done iu the neatest and best manner, and warranted to give satisfaction. Persons will do well to call aud examine our work. de >4-tf Teeth. , , M. LOOMIS. M. D., PITATKnT?tVTHl,d?Pati'Utee ?f th.? *"NEBAL % , AX*' ? EAi.h-, attends personally at^M^fe his office in this city. Many persons cairflh|S3 wear these te< th who cannot wear others,1 arid no person can wear others who caunot wear these. Persons ratline at my office ean be accommodated with any stjle&nd price of Teeth they nuiy desire, tut to those who are particular, and wMh tb?- pur est, cleanest, strongest and most perfect denture that art can procure, the MINERAL TEETH will k>eaxore full> wan anted. Booms in this city?No. S3* Ponu'a avenue, be tween 9th and lUth sts. Also, 907 Arch street Philadelphia oc aa-ly WOOD AND COAL. ? O A L! COAL!! ' Beet WHITE ASH at $S, by the ton. All rises, to suit customers. Sawed and Split OAK WOOD, $10 per cord. " ~ s PINE " '? IiM| Oak, per cord. A ton of Coal sold by me always weighs 2.240 lbs. JOH* B LOBD. fe 28-ljr Corner 4th and Q streets. ^<0 All COALII AT GBSATLY REDUCED PRICES. Gross tons ef 2,240 lbs., delivered in any part o the city. Suf Whl? Aak, (MO. Oah aad Piae Wood constantly on hfad. OiAm* received at our Offloe; or at th* WUrft foot ?f Sevsuth street. . ? 4?? ?h TEIjKGR ATIS, kc. Senator Wilson, ol Massachusetts, accom panied by Charles W. Story, H. H. Coleridge, George W, Bond, F. N. Bird, O. W. Slaok, and R. W. Morse, of the same State; G?*f?rg? H. Boker, ot Philadelphia; John Jay, J. G. Hol brook. and G. F. woyes, of New York; and Hon. Cbarles GiWaons. Speaker of the Penn sylvania House ?f Delegates, arrived at Rich mond Monday evening. They met several pr&ainent Vlnptnlans at the Governor's man sion, and had a conference an to how the two wiugs of tbe Republican party?that repre sented by the late Richmond convention and that which propose* to hold another conven tion in Charlottesville?may be reconciled. TCtoo conference Is still in session. In the Supreme Court of New York yester day. in tfce case of the Mayor and Aldermen of New York versos the 1'olice Commission ers, a decision was rendered against the lat ter. it will be remembered that the case was brought on behalf of the city to teat the right ocf tllfe commissioners to exereise the licensing power recently conferred upon them by the State legislature. A trotting match between two stallions, OcKxnodore Yanderbilt and General McClel lin, mile beau, three in Ave, te wagons, for came off on the Fashion Course, New York, Monday. Fonr heats were trotted, Gen. McClellan winning the first, second, and fourth. The third was a dead heat. Time, $30*, 2-31M, -2.31X, and 2.30* The annual regetta of the Harvard College crews for a prize offered by the University Club took place in Charles river on Monday. The first race (iapstreaks) was between Ju nior Sophomore and Freshmen crews, over a three-mile course, and was won by the former ih 22 55. The second race, (shells,) over the same conrse, was between the Scientific Sopho more and Freshmen crews, and was wen by the former in 20.23. The Right Worthy Grand Lodge. American Protestant Association of the United States, met in annnal session in Philadelphia on Mon day. The attendance is very larre, all sec tions of the Union being represented. Anew form of initiatory ceremonies was considered in committee of the whole np to adjourn ment. The steamship Emily B. Souder, from New YoTk en route for Charleston, South Carolina, stopped at Fortress Monroe Sunday to take on noard companies B and H, 5th United States artillery, and B and C. 29th United States in fantry, which have formed part of the garri son of the fortress during many months past. Wade's senatorial party were at Lawrence, Kansas, yesterday. Senators Pomeroy and Ross and Hon. Sidney Clark joined the party, also Gen. Palmer, treasurer, and other officers ol the Union Paeillc road. All left at 3 p.m. for Junction City. A pacing match between Magoozier and Ace of Spades, lor *1.000 a side, took place at the St. Louis trotting park Saturday, rnd was won by Magoozier. The quickest time was 2-24*. The steamer Quaker City, with the Holy Land party on board, is still at anchor in Grate^end bay. M. A. Hawks, on trial at St. Paul, Minne sota. for the murder ot his wife, to get the in surance on ber life, has been acquitted. The New York Constitutional Convention met agaiu yesterday, but Utile business was done. A large mass meeting of freedmen was held At Frederick, M?d., Monday. STORM SIGNALS DURING "HA RTEST. fFor tne Evening Star ] The storm which ha-? pas.ed over this city for tne la-1 tnree a^ye must have traveled at least a thousand miles in a southwest direc tion. It is easy to see that a general warning ctl this and ail similar storms could be given many hours in advance by means of the tele graph and cannon. It this storm had come on In the midst of harvest, with large quantities ol grain or hay cntdown,tbe damage would nave t*?n very great, amounting to millions of dollars, most o( wtucu could be savsd at a Very trifling cost by tne general adoption of the following simple plan: When a storm commences in any partof the oountry and is traveling in a certain direc tion, (be first telegraph station over whieb it passes is to send (he news immediately to all tbe telegraph stations at county seats, scores or bundiedh of miies in advance, according to the probable distance that the dorm may travel. At each county seat a cannon is to be keptready by tne officials at the ccurt-bouse. and as soon as the news is received of acom ipg storm it is to be flr*d three times; at mter Valfc of one minute if a hurricane or hail storzn is approaching; at intervals of three minutes if tbe storm is traveling rapidly: and dt intervals of six minutes if it is traveling slowly. A- a good sized cannon can be heard dis tinctly from fifteen to twenty miles in all di rections, or over a space irom thirty to forty miles square, by firing one at eacb county seat, tbe larmers for hundreds of miles over the wbole country would be watm& in time to get their grain or hay under cover, or in a sit uation to shut out the rain. It stKUld also be obterved that this u-aming would not only be useful in settled storms like the last, but it would be of equal utility in sudden and de structive hurricanes and bail storms, and also t&oet? heavy tbuuder storms that occur so fre quently during harvest. This "plan may be practically tested at this and many other cities ard towns. It the Sebre ? -ies of War and of the Navy will issue or v>rB te one of the forts, barracks, military sta tion*, arsenals or navy yards, situated at or ?ear cities, to fire Signal Guns when Uirnisbed by the telegraph with news of appr^acning siorm* "Ihe American Telegraph Do., as an qxpeTimenir, wlll<tfonhtlese, furnish telegrams 01 aH approaching taurine from wluuever di reckon, tp be ,paid lor ber the city when the suoMMpol thfrplan shall be fully demonstrated It Bottid coetabosii a dollar a week at each !ll?rMf the fixing .here is at the Navy Yard si goal# may -be repeated from sound at fori Washington, so that the S^orm Gum at hese two points will be heard over a space of (fty. miles t-quare. If successful ber<M be plan in then be extended throughout the entire auntry in time lor the comihg harvest. ( A.. WaTSOK. " FRO!>I Et'ROPJK. LTVroow. Jtiflnm.?A1 lithe Fenian prisoners ot'nyieted of high, igeasdn have t*?en trani irred to England and placed in prison. Tne dbancery cas?/Of*heUnited States vs. McRae Uas been defcidecf In favor ot the latter. A de natch from Constantinople reports that the Sublime Porte bae Issued a firman declaring Egypt a sovereignty, JPARie. June 11?Evening.?'The Czar left at is to-day for Germa'ny, Pksth, .1 vue 1L?Tbe Emperor Francis Joa jb, now King 9t Hungary, has added to tbe hit of his coronation by distributing vast sums ol mosey amongthe poor, and by richly endowing various beaeyolent institutions of t^iis city. ?[, i Stskl VBSB*i.a.?An English scientific pa yer describes a steel boat, designed by tbe cbief cot-structor of the British navy which is to go in search of Dr. Livingstone. It will be built exclusively of steel and charcoal iron Slates, one-sixteenth of an inch in thickness ud in sections. The heaviest of these sections -friLl not weigh more than loriy pounds. The boat can thus be taken to pieces and carried on tbe backs of negroes from one piece of waier to another. The keel will consist of half-iccb iron plates, in corresponding sec Hons The boat will be fitted with a mast and fore And alt sails. Mr. Young, of the royal yacht, commands the expedition, which ie to start at aa early day. - ' Focb at a Bibt?.<?A gay old boy of sixty Odd years recently married in this city ft bloomitg maiden not outoi brr teens, and on Saturday night last the yonng woman pre sented to her venerable but vigorous lord and master Jour children at one fell swoop?two boys and two girls. This is certainly a hand some Utile family to start With, and we are glsd to learn that all are doing well, and that ft has been decided not to drown any of them, f'ortlaiid Argus. ?arTfce hotel and saloon keepers of Brattle Ero, > t., have agreed td sell no liquors ?t.all men in the habit of abusing their Me; to AH > bottles for any versos* under any cmram Itance* 10 close their plaoe*at half.paat tea 'clock each aight, end to fiieptheir plaoee lOMd oa Sundays. naintaia rscalar daily bodily habits. Fourt eke early and very light sappers. Fifth; ** <???>?*>?** O'J 4 ^</l' M-" 'JJ . H ,ii rnl tf T LOCAL NEWS. . ? TRIAL OF 8URRATT. The trial ol John H. Surratt was resumed this morning in the Criminal Court, before Judge Fisher, when there was a very large attendance, and for the first time since the commencement ol the case two or three women were in the crowd ol spectators. At a quarter before ten o'clock Judge Fiaher en tered tbe room, and the Conrt was opeaed by Mr. Mulloy, the prisoner having been broogbt in some time previous. He was attired the same as on yesterday, and during the time J nrtge Fisher was delivering the opinion he seemed much interested, and had hi* eye fixed upon the Court. Judge Fisher announced that he was pre vented from being prr sent at nine o'clocii on account of being much indisposrd. He stated that he bad considered tbeargumeutadvanced by the counsel on each side to quash the panel, supported by the affidavit of Mr. Douglass, offered by the prosecution. He then delivered the following opinion: United States v$. John //. Surratl?Indictment Murder?Motion of District Attorney to quash the array, grounded upon the affidavit of Sam uel Douglass, Register of Washington oity. The act of Congress, approved June ' th, 1S02, entitled "An act lor the selection of jurors to serve in the several Courts of the District of Columbia," provides for the se lection of jurors in the following manner: First, it mattes it t?ie duty of the Register of the city of Washington, on or before the 1st day of February, to prepare a list of such of the white male citizens tax payers residing within the city, whom hemav deem best quali 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 Clerk of the Levy Court it also required to make a 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 not included m eitherof the cities of Washington or George town, and the Clerk ol the city of Georgetown la required to make* at tbe same time and manner, a list of persons qualified to serve as jurors, from citizens of similar qualifications residing in Georgetown. And each of these officers is required to preserve such list so mad?, in the archives of nis office, and to trans mit the same to his successor. The making of these several lists is to be the work of each officer in his separate offleial ca pacity. The lists for the three principal divisions of the District being thus prepared, it is made tbe duty of these three officers to act together and select in their joint capacitj*, from the lists so prepared as aforesad by the Register of Washington city, the names of four hun dred persons ; and from the Georgetown lists the names of eighty persons ; and from the lists prepared by the Levy Court the names of forty persons The first section which imposes the duty of preparing the lists of qualified jurors, treats of that dnty as the duty of these officers re spectively. Each one is, in the express lan guage of the act, "to make a list, ' and each is permitted by tbe law to place upon his list the names of such qualified persons as were on the list of tbe previous year, as, "in the discre tion of the officer making the same." may seen proper. Tbe lists are to be made by them, aad kept by them respectively, each one preparing and having the charge and sate keeping of his ewn list of tne persons lor his respective dis trict. About this there can be n? doubt, aid, in deed, there is no controversy in this case. When we come to the second section of the act which provides lor the numberof names to be selected from these several lists of persons qualified serve as jurors, persons of whose qualifications each oi these officers is to jndpe severally within his own jurisdiction or pre cinct, we find that the Legislature nov>nKer uses tbe word respective or respectively but proceeds to declare in ijisitnimit verbis "T^i the officers aforesaid ' (all of tbem, not one ur two, but all three of them.) " shall select from the list of the registers of Wasnington city the names of -?0<i persons; from that of the Clerk of Georgetown, SO persons; and from that of the Clerk of the Levy Court, 4u per sons.'* While the work of preparing the three lists is tbe several labor of the officers inde pendent of one another, the work of selecting th*-5*20 names is devolved npon "the officers aioresaid;" the whole three conjointly. It may not, perhaps, be necessary that they should all three meet together, and at the same ume and place agree upon the 4iM> names to be taken from the Washington i,gt. or ?he 30 from the Georgetown list, or the 40 from the County list; but certain it is that all "the officers aioresaid" shall select the number of names prescribed by the statute. If one of 'he clerks only shall make the selection from the list prepared by himsell, or even if two of them shall make the selection, this will not meet tbe requirement of the law. The principle has been too well established by a long current of decisions to be now ques tioned, that when tbe law, enjoining upon tbTee or more the duty of performing an act. witbout giving to a majority the power to a t in the premises, all must act, or the action of those who do act is a nullity, and there is net in the statute in question one single word or syllable that looks in the least towards a se lection to be made from the three lists or any of tiem. except by the uni ed judgment of th? three officers upon whom the duty is Imposed It is just as certain, therefore, that the entire three must act in making the selection of the 520 names for jurors as that each of the clerks and the Register is to prepare his own lists severally After these520 names shall have been se lected by "the officers aforesaid," then the fourth section of the act of Congress further ftrovides that " the names selected from said ists shall be written on separate and similar pieces of paper, which shall be so folded or roiled up that the names cannot be seen, and placed in a box to be provided by the Regis ter and clerks aioresaid, which box shall be pealed, and after being thoroughly shaken shall 'be delivered to the clerK of this court. The fifth section provides that when juries are needed for any of the courts during the year, the Register ard city clerks, and tbe clerk of this court, shall meet at the City Hall, and such juries shall be drawn by tbe clerk of this court, who is to publicly break the seal ol tne box and proceed to draw the requisite number of names. Such are, briefly stated, the'pro visions of the act of Congress upon which tbe motion in this case to quash the array is rested, as I under stand tbem, and as 1 apprehend they must be understood by e\ erybody possessed of ordi nary capacity and tree i?-om the bias of inter est or prejudice. There can be no other con- <1 straction put upon these provisions, which wift not do violence to, and indeed utterly pewert tbe language used by the legislature te coney their intention. In enacting these previsions it was doubtless the inten tion of Congress no longer to leave in the hands of?one man?the Marshal? or any other single man, the power of selecting juries in whole or in part, except in tbe exigencies of certain eases for which they provided in the same act, and which cases are of rare occurrence This power vested oftentimes in Marshals and Sheriffs, nobody doubts had theretofore been often grossly abused and in many instances made tbe instrument of injustice and wrong, and Congress thought it would better serve the purpeees et justice if it should substitute the combined selective power to three or four offi cers; tbe Register of Washington City, the clerk of Georgetown, the clerk ol the Levy Court, and tbe clerk of tbe Supreme Court, in the place of tbe much abused and arbitaary solitary power of the Marshal. This lan guage in my judgment expresses the intention as clearly as any idea can be pictured by the English language. Each of these officers was doubtless intended to act as a safeguard against any abu^e which the partiality, bias, or corrupt disposition of the other might pos sibly aUure him to commit. The affidavit of Samuel Douglass, the Regis ter of Washington city at the time of tbe selec tion, made in January or February last, of tbe names from which the present pauel of jurors is shows: let. That neither the clerk of Georgetown or of the Levy Court saw one single name on his list, much less aided or co operated with him ID selecting the 400 which the law - requires that these three "officers ?foresaid" should select, and that he did not see a single name apes the list of either of the others, or co-operate in selecting from their " oi#. Q? the contrary, it ehows that each of lfcee three offlettt 'put into the box the nnm r of names speeiied in fee act for their re active jurisdictions, each independently or e other, and without the eltgfttiet regard to >f judgme nt or consent ol either of the other ^further shows that alter the ?? _ la a* fees us mad*, in utter < oughly shaking it, and then depositing it with the clerk of th? Supreme Court, as required by the fourth section, and then meeting after v ards in the office of the clerk ot the court, to witness him break the seal and draw the names of the jury required for the present wrm of this court, as provided lor in the fifth section of the act, the clerk of Georgetown city at the same time, ibongh in the presence of the clerk of the court and the other offieers, pro ceeded to draw from the box tbe names of tuts present panel, to wbicn challenge is now made. This was also a most reprehensible disregard of the plain provisions of the act These are the facts npon which this applica tion to qursh the array is grounded. The question pr-seated by the law and the facts, <'which are all admitted by the demurrer,) tor the decision of the Court, is two-fold m it* character. 1st-. Does the law of Congress re quire that the judgment of all three of the of ficers named therein sboufd either unitedly or severally pa: s upon the entire 5*20 names re quired to go into the box in making this se lection from the three lists, or does it onlv re quire that the Clerk of Georgetown only should pass judgment in selecting the^onames from that city; the Clark ot the Ijevy Court, npon the 40 to be chosen from the rural por tion of this District; and the Register of Wash ington to select aloce the 400 to be taken from this city. Secondly: Whether if the act ot Congress does require the judgment of all three of tbe*e officers to be exercised in tbe selection of tbeentire 520 names to be placed in the box, the placing them there in the manner de scribed by Mr. Douglass in his affidavit is cause ol principal challenge to tbe array. 1 am clear in my conviction that the law requires the united judgment of tbe three officers named in the act in the selection of the entire number of names to be placed in the box, for tbe reasons that I have already men tioned. Is, 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-tbe 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 counsel for the prisoner, a ground In law upon which to set aside the array ? It is argued by the counsel for the prisoner that it is not; that nothing except a defect in tbe summoning of a jury by the sheriff is principal cause of challenge to the array in England, by the common law, whicb 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; and tbe case of the Queen against O'Connell and others has been cited by the counsel for tbe prisoner at tbe bar as conclusive of the question in this case. 1 confess that my veneration for the com mon law of England may sometimes even run iato a weakness, but the day is long passed vith me, and should be with everybody, vhen decisions ot courts and mere arbitrary utterances of text writers, however hoary with age, or exalted in position, are to be ac cepted as procustlan beds, on which other courts and other people are bound >o 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 of a superior court that holds a mastery over me, whose mandates, right or wrong, reason able or unreasonable, I am compelled by law to obey. Tbe grand object of jury trials in this coun try or in England is or ought to be. and is supposed to be a fair and Impartial investiga tion of the subject in controversy by honest and upright men, who are entirely indifferent between tbe 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 b.v principle or by iavor. some persons entertain the idea that challenges and many other advantages are given by the common law to the prisoner ex clusively, and nothing to the State ?isas if we sbmiM i fiv >*?-? ?ii ??>- provisions and tormulrnes of the common law were in vented simply for the purpose of preventing the public from obtaining its just demands upon the? gnilty offender against society. It is as thouph such formularies were a mere means and ceremony by which the accused is to derive every advantage and have every means to assist in setting him at large without respect to the rights of an offended commu nity. 1 entertain a difi'e rent opinion. 1 concur with Chief J ustice Gibson, of Pennsylvania, in tbe case of the Commonwealth vs. Joliffe, 7th Wat s, 585, in which be says; "Total im punity was not tbe end proposed by ilie Legislature, nor ought it, perhaps, to be desired by the philanthropist. It Ip not easy to discover a conclusive reason why tbe punishment of the felon ought to move our tenderest sympathies, or why the laws ought to be defectively constructed, on purpose that he might elude them. To rob the executioner of his victim, when the laws are taugninary, 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 woulo more than compensate, in its effects, the want of that severity which was thought to deter by Its terrors. * * * * If It be fur ther indulged, a shorter and certainly a cheaper way of obtaining its end would be to have no prosecutions at all. But it is one which would scarce be found to answer in the s.ate of the times. Why, then, should the prisoner have more than serves" jspeaklng of challengers) "to give him a fair trial, and his twenty pe remptory challenges certainly gives him that; and having secured to him all he had a 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 O'Con nel and the Queen, tried in 1844. is one which we ought, according to the counsel of the pri soner at the bar, to accept as conclusive upon the question now before us. In that case by ?Id and 4th William 4th, chapter 91, and by 4th and 5th William 4th, chapter Sth, certain pro visions were made regulating the mode in which certain books should be prepared, from wnicb tbe shreriff was required to make a selection of juries In the preparation of one or more of the lists from which these jury books were made, a number of names ?f persons quali fied as jurors was omitted. A chal lenge to tbe array was made in this case on the ground of the omission and it was held that such omission in one of tbe preliminary lists was not a sufficient cause of challenge to the array. But that is by no means the present case. To make the case at bdr similar 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, iiave incorporated a pro vision requiring that tbe three officers who stand in the place of the sheriff should have piepared their respective lists from the lists of the assessors or some other officers, and that in making tbe lists of said other officers some negligent or fraudulent omission should have occurred It may be admitted, without any prejudice to the motion in this case that the omission by auch as sessors or other officers to make a com plete list, from whioh the list or jury book, if we may so term it, used by the Register and clerks in order to inform them as to who all the persons legally qualified as jurors in their reapeoti ve jurisdictions were, would not have been sufficient ground of itself to set up this motion. And yet I am tree to say that in my opinion it ou^ht to be sufficient But admitting it were not, it is a very different cate from the one before us. Here Congress requires that we combine the judgment of three officers in selecting the persons ot whom the juries are to be composed. Each of these officers is to be a guard over the other two, to prevent him from perpetrating a wrong against individuate or the community by putting in the box from whicb jurors for a whole year are to be taken in ail the courts, the names of per sons who are disqualified, either from want of mental capacity, moral rectitude, purity of blood, want of proper age, or tax?payinf qual iflcation. If one of these officers, as Mr. Douglass did on tbe occaeion of filling the jury box in Feb ruary last, should exercise an exclusive judg most in tbe selection of M0 out of the 520 names put Into the box, the safeguard whioh Congress sought by the act to throw around tbe selection of jurors ie hot worth a fig! and tbe law was not worth the timeconsumea in its passage. Mr. Douglas* may be, ^nd doubt less is, an bones t, fair minded and honorable man; but tbe law caneot be relaxed, on that ac count, for we cannot tell how long the office may continue to he filled bj such msd. It was enacted to prevent dtshodeetdr prejudiced or partial men from carrying out their diehones ty, prejudices, or partiality, and we have no right to relax the iaw because of odr*beUef ^The'pnhU^u M*weft have right to esMete rigid compliance with the re Ikssss ?thtr eases, ie Ut see that the Jaw fefolljr lit i'Tt * i '* -fit; * * ki')r ?? .U'J rt.-T i . i 11 > fairly, and impartially executed in all its re quirements. The tnree officers specified in tbe act of Congress stand in the place of the Mar shal or Sheriff*. Juries who are summoned to try cases In this Court, must not only be sum moned properly, but must be selected in obe dience to the requirements of the laws. The case of O'Connell can scarcely be said to be regarded as law in this country, where mere forms at this day are considered as ot mere sec ondary importance when compared with the sobetanceotthe lsw. Ifanypartialityor default in the sheriff or his deputy in arraying tbe <>anel, gives either party the ri*ht to chal enge the array, as is undoubtedly the law rid* 3d Blackstone, 3.59?then snch partiality or default on the part of those who are substi tuted for the sheriff must likewise be good cause of challenge to the array. In tbe State of New York it has been held, ia the case of Gardner vs. Turner, 9th Johnson, page 260, that tbe drawing of 72 names by tbe clerk from the jury box instead of -*5, me number re quired by law, and the selecting ot 36 by him ont of the 72, and bis direction to the sheriff to summon tbe 36 thus selected by him, was snch default as would sustain a challenge to tbe array. In the case of James Maguire, plaintiff in error, ys tbe People, defendants in error, (2d Parker's Criminal Reports, page 148,) it was held hat inasmuch as the District Attorney was required by statute to issue his precept for summoning the pettit jury, a jnry summoned by the sheriff without snch precept was wronglully summoned, and the coayiction by snch jury was held to be er roneous, and the judgment of conviction was reversed. In the State ot Delaware, prior to tbe year 1850, the law regulating the summon ing ot juries required that in cases of oyer and terminer tbe jury should consist ot the 36 ju rors who were summoned to attend the court of general sessions of tbe peace, and twelve others specially summoned for the court of oyer and terminer, which two courts were held at the same time and by tbe same judges, with the exception that in cases ot oyer all four of the law judges sat together instead of tbe three, who held the court of general ses sions. 1 In the case of the State vs. John Windsor, 5th Harr., 512; indicted for the murder of his wile, wbich was tried in 1850, before a very able bench, and by counsel distinguished for their lean ring and ability on(either side: a case which was fully argued and considered, it was decided that inasmuch as the act of As sembly provided that the thirty-six jurors summoned for the Conrt of General Sessions should also be summoned to attend upon the Court of Oyer and Terminer: and as these (General Sessions jurers had not been so sum moned to attend tbe Court of OyerandTermi ner, although they were there in attendance, tbe mere failure of the sheriff to insert in their summons a notice to attend the Court of Oyer, was sufficient ground upon which to quash tbe entire array, and it was done accordingly. It would seem at first view tbat the challenge npon such grounds in either of these cases was an objec tion merely sticking in the bark, and yet such is tbe careful regard which courts in this country entertain in respect to the selection of jurors and tbe securing of a fair and impar tial trial on either side that they ever re quired strict compliance with the very letter ot the law, no matter from which side tfce challenge may be moved. It is just as im portant to have fairness and impartiality upon tbe one side as upon the other; otherwise the trial of a criminal, however deep his infamy, may be made a mere farce through which his enlargement is to be procured. If it be im portant to observe the mere forms of the law, it is in my opinion of much greater imparlance lully to comply with tbe least of its substan tial requirements. Relieving, therefore, that the substantial requirements of the act of Congress in this case, providing lor the selection of a fair and impartial jury, have not been complied with, but entirely cet at nought, and that there has t^J5ar.t ot those place of the Marshal, for the purpose of having them exercise united judgment in the selection ot all the persons whose names are to go in the jury box, 1 am constrained to allow the motion ol challenge in this case, l do not consider the fact that the present panel were improperly drawn by the Clerk ol Georgetown, who had no right to put his hand into the box, because the objection which 1 have allowed lies eveu deeper than tbat. It is therelore ordered by the court that the present pan^l be set aside, and tbat the Mar shal of tne District of Columbia do now pro ceed to summon a jury of talesmen." J udge Fisher then ordered the Marshal to sHmmon 26 talesmen: and further ordered the final discharge of the present panel, remarking tbat they would be paid off by the Marshal. The pr'soner remained In the conrt room some time after tbe decision was given, (en gaging in conversation with bis counsel and bis brother, who sat near him,) seeming to be in very cheerful spirits. Most of the crowd had lelt 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. Beard of School Trustees. The regular monthly meeting of the Board of Trustees ot Public Schools was held last evening in tbeir^room,m the City Hall. Mayor Wallach in the chair, and all the members present. Mr. Wilson presented a communication from Key. Father Wiget, returning bis thanks to tne Board for declaring holiday on tbe 27th of May, in order to allow the children to par ticipate In and witness the celebration by tbe Catnolic Sunday Sehools. Tbe Secretary laid before the Board the ab stracts of the teachers'reports for the month ofUay. showing the conditions of the schools. In the First District the whole number in at tendance was 1.116, four ot whom were ad mitted by transfer, and 36 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: visits of Trustees, 146. In the Third Dis trict, tbe whole number in attendance was 1,311; admitted by ticket, 2; admitted by trans, ler. 26: applicants, 282; visits of Trustees, 61. In the Fourth District, the whole number in attendance was 1,069; admitied by ticket,2; ad mitted by transfer, 30; applicants, 125; visits of Trustees, 64. The Treasurer presented a number of bills, which were approved and passed. Mr. Woodward presented the application of Miss L- M. Hunter, as teacher; referred to the committee on tbe examination of candidates. Mr. Khees, chairman of the confaiittee on rules and regulations, suggested that the Trustees beep a record of tbe examination on a scale of marks from one to ten. ' He also presented tbe following rnles to be observed in making the examination for premiums for spelling, offered by himself sometime since: Five pupils from each gram mar school and five from each Intermediate school, to meet at half-past eight o'clock on Saturday, June 22, at the school house in .lndiciary Square. 2. Examinations only to be continued two hours, and no extension of time allowed. 3. No teacher will be allowed to be present. 4. Each contestant to bring slate, pencil,.and lead-pencil. 5. The teacher to select the five contestants, and to be sure they are all present, or others in their places. Tbe same gentleman reported the following as amendments to the rules, and they were postponed until the next meeting, under the rnles. Strike out rules 2, 3, 4, and insert the following :" "Applications for admission shall be made to tne teachers of the schools, who shall place tbe name of each applicant prop erly qualified to enter on the register and nil vaeancies in numerical order of. applicants." Strike out paragraph 3 of rule 5, and lasert: "Application as they are made in regular or der." Strike out of paragraph 5, rule 10, the words, "member of the Board," and substitute "teacher." Rule 67. Strike out and substitute "The schools shall be opened punctually at Sfe a. m. from April 1st to October 1st, and at*9 o'clock from October 1st to April 1st, and closed at 2 p. m." Rale 66. Change recess of sixty minutes at 12 m. to 15 minutes. Rule 72. Change beginning of vacation from 15th of Jnly to 4th of July. Mr. Wilson, chairman of tbe committee to ' prepare s programme for tbe annua) examina tion, reported the same to the board. [Pub liehed in the Star of Saturday.) Mr Croggon said two schools in the Fourth District baa been omitted. Mr. Wilson said they were omitted by nil* take of the printer. After consultation, the examination of these sehools were flxsdas follows:?Secondary No. schools to he examined 09 July 3d. .Mr. Jofaneon thougnt the list should bemad* l^'wTlsons^^e^^^had consulted sysffs'jrsrsssss ^ tfc< opinien thai condition of th* **&?<* hid would not Justify the expenditure of the usual amount for medals aid premtems, and therefor* they had very relnctantly decided to ditp?M? with them this year. Mr. Rheae hoped a silver medal would be Sven to ibe best scholar In each school, and t diplomas be given to the other* instead of premium*. He offered a resolution to that effect. Mr. Wilson said we were educating five or six thousand children in the Dietrict, and there were ten or fifteen thousand to b* edu cated. If the board should be censured for not giving premiums. It woald be very unjoit. The premiums were not an actual necessity, and be thought tbe money could not be spared, to purchase them without taking it from some source where it waa more needed The Mayor stated that InlSfll the amount re quired for the sebools was ?*.??,610; now it was Si 07,000: this would above how tbe schools had increased. Mr. Johnson thought they had bettor give all the medals,and premiums or give nothing. Mr. Woodward thought it was of more im portance to keep the teachers paid up. He was in favor of dispensing w. h the premiums as the money could not be -pared. The Mayor said an effort should be made o pursuade the Council* to provide tor a more liberal tax for school purposes. There was no poll now and at least 313,000 for 'be school fund had been lost by having no poll tax at the last election. Tbe tax lor school purposes should be raited to J5 cents on the ouudred dollars. Mr Johnson offered a resolution stating that the school fund at the present time, was inad equate to meet the increased expenses of tbe public schools; therefore. Be i: Rescued, Tbat until more ample provisions are mad*' tbe usual medals and premium* to tbe scholars be dispensed with for tbe present vear. The yeas and nays wers demanded on the passage ot this, and resulted as follows Ayes?Mesers. Wallach, Wilson, Tustin, Brown, Woodward, Fex, Johnson, Cassell, Creggon, and Whyte?10. Nays?Messrs. Kbees and Clarke?2; and the resolution was adopted. Mr. Tustln offered a resolu'inn extending a cordial invitation to the member? of tbe City Councils and other officers of the Corporation, and to all lriends of popular education, to attend and participate in tbe examination ot the public schools, which was unanimously adopted. Mr. Rees offered the following: Rftolced, That the City Councils be re quested to amend the law of November 12, 1868, relative to the public schools, as loliows: 1st. To profide for three trustees from eacb wsrd, to be elected by joint ballot of tbe Coun cils, one third of the members eacb 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 anions: suf ficient to meet the expenses without drafts oa 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. Kbees said, so far as tne present Mayor was concerned be bad not and would not regard politics in appointing mem bers ot tbe Board. But bis term was nearly out, and it might be that hereafter politics might be considered in making the appoint ments, and a new board entirely might be appointed. Dr. Croggon said if that resolution was passed, no donbt four colored gentlemen would befappointed, and he, for one, woald not serve with colored men. Tbe vote was taken, and tbe first resolution rejected. The second one was adopted. The third was postponed, and tbe fonrtb aaoped. The fifth was then taken up: and Mr. Why te said ha thought tbe teachers were very well paid. They worked about two hundred days in the year and but six hours a day. Mr. Brown.?Yes, but they nave to live all tbe year. Mr. Woodward thought food pay should be given to secure good teachers He would rather see tbe teachers weil paid, and the Trustees bave nothing. The resolution was passed, and the board adjourned. + Obphaks' Court.?Yesterday, the will of Frederick A. Birch was fully proven and ad mitted to probate and record. Tbe will of Elizabeth Morrison was fully proven, and let ters of administration issued to Adolphus Lin denbobl; bond fce,0W). The will of Thomas Goodall, deceased, was filed, fully proven, and admit:ed to probate and record. Geo F. Gulick and Geo. W'. Goodall, the executors, renounced Jheir right to qualify, and le tere of administration were granted to Hannah Good all: bond ?*2,000. Margaret G. Meade was ap pointed guardian to Annie Malay, orphan ot Daniel and Bridget Malay: bond ?s'.MR1. Wm. and Lewis H. Eram?rt, orphans of Henry and Louisa Emmert: bond vi.Si O. Michael Thomp son, Esq ,was appointed guardian to Margaret Ann and Susan Gibson, orphans of Joshua Gibson: bond $5,000. The accounts of Honora O'Brien, guardian to the orphans of Patrick O Brien, were ap proved aad pasted. ? e Alexandria axd Vicihitv.?The UaxetU of yesterday says: It is proposed to hold a meeting To-morrow, of sucb of the farmers and landowners in the adjacent counties, as may oe 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 unite in urging our people to be earnest in the matter. We have so often expressed ovrr views as to tbe importance of labor and capital in Virginia, in order to restore its prosperity, that it is needless, on this occasion, to reiterate taem in our columns. Under the changed condition of affairs we require laboring farmers, wno can cultivate efficiently and profitably, such portions of land as they can purchase, or se cure with moderate means. An inquest was held a: nocn o>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. It appears from the evi dence taken that Silas worked for Mr. How ard, near Accotink. Fairfax county, and on Saturday, while in an oat field with another colored boy named James Bird, alias Winters, a quarrel ensued between them, and Bird struck Russell on the head with tbe Dandle of a hoe, fracturing his skull and stunning him for a time. Russell, after coming to himself, walked to this place and sought medical aid, but this morning died from the effect* ol the blow. The soldier lrom Battery Rodger?, who stabbed one of his companions at tne Brown Shed, twoor thr*e weeks ago, was sentout to Fort Whipple this morning to ne tried. The soldier who was stabbed is rapidly recover :ng from bis wounds. The Baptist General Association wa? still in 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 Jane next. One of the young men of this place had his hand seriously iBjnred yesterday whilst play ing a game of base ball. Some real estate was offered for sale in tfeis place yesterday, but withdrawn for want of bidders. ? Numbers of stnrgeon continue to be caught eyery day in the Potomac. The cool weather is favorable for the wheat. Db. LiviKciTOWB'B Fat*.?Alter a great deal ol contradictory testimony, the last mail from London has brongbt evidence which places the fate of Dr. Livingstone beyond a doubt. A letter has been received in London, from a friend of Dr. Livingstone who lives in Africa, dated on February iid. The writer says, with regard to the Doctor and tboee who accompanied him: "I bave received an ac count of their journey and of tbe attack of the savages on tne Doctor's patty in which he was- killed. The only witness of his death states tbat about noon they were traveling over a large plain. The Doctor and nine Africans were ahead. Suddenly be heard tbe Alricans cry out: "Mavela! Ma vela!" He ran on and saw a number of men rushing on the Doctor and the Africans. Three made for the Doctor, who shot down two, but was cut down himself by tbe third. Mooaa, the narrator of this sad event, fired his gun and ran back to bis countrymen, and tbey escaped into the grass and bushes. At dusk they returned to the spot where Dr. Livingstone was attacked, aad found h is body, the bodies of the two Mavelaa whom he ?hot, also the bodies of lour of the African*. Tbey buried tbe Doc tor, ana then set off as fast a* they could go on tnejr return for tbe coast, and alter escaping two or three time* from band* of Mavelas, reached Kulloa, on the ooast. tin lees tome of the Africans survive and reach Zanzibar, which is very ivprohatte, this i* all that will *ver be known of the fate of Dr. Livingstone. The Mavelas, who have some from the South in considerable namber*, are killing the unfortunate negro**, who have neither courage nor the mean* of defending themselves." This statement settles the nat ter. and all hopes ef Dr. Livingstobe'sieturn have been given np in England. fff So manv New England people are set. tltng in the Western State*, aad so many tor. ?jioers al locating in Hew England, that a Wsatarn writw thinks that in tbe course of time tli* cbftncttf of thi population of Now England will be totally chihged. To thi* it i* Yankee* quite aa sharp as the descendants or tfeoat who landed on Plymouth Rock. > mmmmmwmmmmm* xmsmtseioaers ef Chicago are to prevent the sale i