TERMS OP PUBLICATION.
g 2 00 per annum,' in advance—or
g 2 50, if not paid within the year.
V.
No subscription taken fora !ess term than six
months* and no discontinuance permitted until
all arrearages'are pard. —A.~fai|urc~to“iiotify~a i
discontinuance at the expiration of a term, will
be considered a nftw engagement... .
Advertisements —-gl 00 per square for the
three firsfihsertionsi and twenty five cents for
every subsequent one*
golden ball
HOTEL,
WEST HIGH STREET OAHIISI.E.
The subscriber respectfully informs his
friends and the public generally that lie has
taken that well known tavern stand at the
West end of High street?'in Carlisle, for
merly kept by Mr. Henry Rhoads, and that
lie is now prepared to accommodate Drovers,
■ Waggoners, Travellers, and all others who
may favor him with a call, in the very best
manner.
v His Table will be constantly furnished
with the best the country can produce. His
Bar is supplied with the choicest liquors,
and his Stable which is large and convenient,
will be in charge of a careful and attentive
ostler.
He flatters himself that,’from his experi
• cncc as an Innkeeper, he will be able to
tender general satisfaction.
GEORGE SHAFFER.
Carlisle, May 2, 1839. , tf
HARDWARE & GROCERY
S T O RE..;-
T»E Bubscriber respectfully informs his friends
and the public in'gcncrat that be lias just
received from the city of Baltimore, an extensive
assortment Of merchandize suitable to the pres
ent and approaching season, such as
SARDWARB,
consisting of Case Knives and. Forks, Spoons,
hocks. Holts, Hinges and Screws, Pen and Pock
et Knives,'Razors, Tacks and Sprigs, Spades &
Hay and Dung Forks, scythe stones;
'rakes, Bcc.i Bcc, &c, Afso, v "superior "jt/hencan
and English Scythes.
lie has also on hand an excellent assortment
of Patent Family Medicines* buch as pills, oils J
• and ointments. Also, all kinds of Essences. He
has also on hand Horse Medic|nes,*such as the
Oil'of Spike, Oil of Stone and Horse Powders,
££c. See. Bcc.
//e Jvasjilso_on_h and_an_extensi\’c-assort men l
of American Forest ami //indostan Oil -Slone,
- suitable foi-Carpenlers a;id Wood Choppers.
//e also has. Powder by the”k‘egi~Umong which
is the finest Rifle Powder. •Shot, Lead, Percus
sion Caps, and Flints.
1/a also has an extensive and superior assort
meat of '
China, Glass ff Qnecnsivare,
twenty percent cheaper than can be had else
whtl-c.
GROCERIES.
Kin, St. Domingo, and Java Coffees. New
Orleans and Porto Rico Sugar. Orleans and Su
fi ir //.mse Molasses-. Young //ysnn, Imperial
ami Black 'Peas, Chocolate, Rice, Barley, Soda
and Water Crackers. Spices of all kinds. Nuts
ami Cnnlectinnanes. Prunes, Raisins. Ground
/'lum nnd-Fine Salt, 1 Tar, Soap and Gandies
V nulesalo juni retail, at city prices.
LIQUORS.
Wine, Brandy, New England Rum, //arvcsl
Whiskey, Wine, and Cider Vinegar, &c.
TOBACCO,
Cavendish, Roll and Plug. Spanish and //alf
•Spanish Cigars. . Mucubau, Rappee and Scotch
Snuff.
SHOES & BOOTS.
Riding, Gig and Jockey Whips and Lashes,—
Brushes. Brooms. Painted Buckets, &c.
Carpet Chain of all colors.
The above articles being carefully selected,
ai‘c offered to customers and others at city prices.
. JOHN GRAY,, Agent,
Carlisle, July 4, 1839. . •
J»K. C. J%'FFF,
STP.C-BON - DENTIST,
SA ESPECTFULLY informs the ladies amt
BU&, gentlemen of Carlisle and its vicinity that
he sets Artificial Teeth in the most approved
maimer. He also scales, plugs and separates
teeth to arrest decay.
Ur. N. prepares" a tooth powder, which whi
tens the teeth, without injuring the enamel, col
ors the gams a fine red and refreshes the mouth.
The tooth ache wifr he cured, in most cases,
without extraction; and an odontalgic wash is
prepared for healing sore gums and fust-- ••
teeth
■eetli.
Ladies and gentlemen nre'requested to call
and examine his collection of Porcelain or In
corruptable teeth, which will never’ decay or
change color, and are free from all unpleasant
odour, durable and well adapted for chewing,
which will be inserted in the best manner and at
fair prices, -
All persons wishing Dr. NV"to"call at their
dwellings will please to leave a line at his-resi
dence, No. 7 Harper’s Row, when he will punc
tually attend to every call in the line of hi# pro
fession. From a long and successful practice,,
he hopes to give general satisfaction.
w - Carlisle, August 1,1839. . ' 3m
Estate of John Snyder, deceased,
NOTICES
IS hereby given that letters testamentary on
the last will and testanient of John Snyder,
late of Allen township, Cumberland county, de
ceased, were this day issued by the Register in
and for'said,county, tothe subscriber, the exec- 1
utor named in the said will, who resides in’Mon
roe township in the said county. All persons
having _claiinS or demands against the estate of
the said decedent, are hereby requested to make
known the same without delay, and those indebt
ed to the said estate to make payment to
JOHN HOUSER, Executor.
August?, 1839. ' • . gf
NEW DRUG & VARIETY STORE.
Stevenson &’ IHntilc, -
HAVE just received at their store, corner of
High and Pitt streets, opposite Col. Fer
tee's hotel, .an assortment .of
. DRTjas, V;
Medicines, Paints,
Hye Stuffs & Varnishes. Their tM&SBa
stock has been selected with WttSf
great'eare, and is warranted to /IS SII&.
be entirely fresh and of the Very wife- ydgwa
best quality. The,store will be’ under the im
mediate superintendence of Mr. Dihkle, who
has acquired a thorough knowledge of the duties
of an apothecary- under tne direction of Mr..
Samuel Eiiintt of tiiis pUce,
Carlisle,. August 15, 1839.
■ A C\Rl>.
dr. wm. S. ROUND,
Office North Hanover Street, .at the Drug;
Store, opposite Geo. W. Sheoifer’s Store. . 1
Carlisle,-August'ls, 1839.' - -
Ay, G. SANDERSON 7 & E. GORNMAN.J
Whole Wo.* 1311.
PUBLIC SALE.
WILL be sold at public safe on Saturday
the 14 th of September next, in live bor
ough of Mechanicsburg, Cumberland county, all
lh6 following property, to wit?
One hot of Ground,
Lot l, being part of lot No. 5, fronting on
tlie south side of "Main.; street," thirty nine feet
wide.and one hundred and fifty five and a half
feet’deep to a contemplated alley* whereon is
erected a two story ..
. SP.IOS szo.trss,
twenty four.feetin front and thirtyiSßßjagßsjgl
feet back, ‘with a good cclUr underneath, and
would'be suitable for a store house—alsq a nufn
ber of choice apple trees on said lot-.
Another hoi of Ground,
Lot No. 2, being parts of lots No. sand 6, front
ing on the south side of Main street and adjoining
lot No. 1 on the west, forty three feet wide and
hue hundred and fifty five and a half feet deep
to said contemplated alley,whereon also is.erect
ed a two story BRICK HOUSE, a—a
twenty six feet in front and thirty feet JJJJJJT
back, with a Brick Kitchen and v -Bake
Oven attached to it—also a cistern close to" the
kitchen, and a number of choice fruit® trees on
.said lot. - 1 * -
tWlso, another JLot of Ground,
Lot No. 3, being part of lot No. 6, fronting - on
the south side of Main street and adjoining lot
No. 2 on the west, fifty feet wide and one'hun
dred and.fifty five and a half feet deep to the
aforesaid alley—>the improvements are' a Gar*
den .with an elegant grape vine and a goodiyf
number of first rate fruit trees on said lot,
Also, another Lot of GTouWa,
Lot No. 4, being part of lot Nd. 5, fronting on
the north side of Locust street, feet
wide and one hundred and thirty cdWrit fect-dccp,
to the above mentioned alley, is erected
a frame weatherboauled a number
of choice apple trees on said UT._
Also, two othcr-lAns of■'Ground,'-
Lots No. 5 and 6, on of No. 4, fronting
on the north side of locust street, each forty
four feet wide and ojrfe huudred..aml.,thirty eight
feet ..deep to alley, being parts of
lots No. 9 and with a number of'choice apple
trees bn saidTicts. -
Also, tm* oilier Lots of Ground,
Lols Nd.'s and 6, as designated in the town plat
by Bmiizer and Lease, fronting'oh the (-south
side of Main street, each forty three and- a hail
feet wide and two hundred feet deep to Stouficr/s
alley, whereon is erected a two story Frame
•HOUSC, Aveatherboarddd, about eighteen leel
wide- and about twenty six feet back; with a
cellar underneath it, and also a twp story Jog
, House, wealherboarded, and a cellar under it,-
with a Kitchen attached thereto, also a frame
shop weaihcrboardcd and plastered inside, suit
able for a silver smith shop, and likewise a good
frame and also a num
ber of eldgant fruit trees on said lot’s. The above
two lots will be sold'together or divided into
sundry lots to suit purchasers.
Also, another Lot of Ground,
Lot No. 18, designated by Hrentzer and Lease,
as aforesaid, fronting on-the south side of Locus?
street) forty nine feet .wide and one hundred and
ninety three feet deep along Arch., alley to St.
John's alley, whereon is 'erected a two story
BRICK HOUSE,
abmitiwcnty four feet in front And eighteen feet
deep, and has an elegant bake oven and a cement
cistern on it—also, a first rate grape vine and
sundry young thriving fruit trees.
Also, another Li)t of Ground,
No. 19, designated as aforesaid, fronting tin. the
south side of. Locust street, forty nine feet wide
and one hundred and ninety three feet deep to
St. John’s alley, whereon is erected a one and a
half story about sixteen feet square,
suitable for a kitchen, and sundry choice apple
trees.
Also, three other. Lots of Ground,
Nos. 20, 21 and 22, aforesaid,
fronting on the south nde of Locust street, each
forty nine feet wide and one hundred and ninety
three feet deep to St. John’s a good
number of first rate apple tree«i on.said lots.
Sale to commence at 10 o’clock, A. M. of said
day when due attendance, will- be given' and
terms of sale made known by
JOHN UUPR,
Assignee of Jacob Slyder.
AugU3tbgj,dß39. fit.
A VAL.TJA 151,K Plj A \TATKWi
FOR SALS.
BTN pursuance of the directions of the last will
B of Jacob Balmei;, late of Cumherland ; county,
Pennsylvania, deceased, will he exposed to pub
lic sale on the premises, on Tuesday the IStfr
day of October at 1 o’clock, P. Mu the
following described real estate ol said deceased,
to.w,it: . ‘ ‘ ‘
139 ACRES AKB ICO PERCHES,
neat measure, of first rate limestone land, situate
in Allen township, Cumberland countv and state
of Pennsylvania, bounded liy landsof Jacob Mer
kel. Daniel Shelly, John Shecly, George Rupp,
and tlie heirs of John Rupp. The improvements
are BANK BARN, 80 feet by 40, the
lower story stone and the upper frame,
A TWO STORY LOG DWELLING - -
H O U S B,
Wagon Shed, Spritig House ," JUJu
and other out houses, a well of never failing good
water near tlie house with a pump, an orchard
with the choicest fruit-trees,about lOJacresare
clear and in a good stnteof 'cultivation! the re
mainder is covered with thriving timber. "The
state road leading from Harrisburg to Gettys
burg runs through -suit! lami close to the house.
This property is situated iii the rich .Cumber
land Valley, about 5 miles from Harrisburg and
12 from Carlisle. ' ■
, The terqns will be make known oh the. day of
sale by '
GEORGE HOUCK,
LEVI MERKEL,
Executors of Jacob IJtilnicr, dec’d.
N. B.—On the same day, at 5 o’clock, H, M..
will be sold a lot in ,Shifemanstown, late the
property of said deceased, bounded by lands of
Daniel Grabill and Christian Ballpen,containing
fifty>feetin TVont~being a town,lot.
August 22, 1839
SiLkjScotcliGingham^Gotton
UndireUas and a large assortment of plain and
figured Parasols for sale bv - ;
. 'ARHQU)-y «o.
. At their ,
ARNOLD & COj
At their New Store in -'iechanicsburg, have
jttst received a larpe oasdrtmeht'of,summer
goods, consisting of Cassimercs, Drillings, Linen
iind Hempan Cords, Nankeens, &c'. &c .
XJOK SAI.U, » lot of Dearborn Tyre' of
the best quality. • -i, ’ '
. Hamilton W Grier, :
.August 1, 1839.
Carlisle, !’«■ 'Thursday September 12, 18159.
- iur Me Volunteer.
FAREWELL.
My heart is troubled I confess —-
, It doth with anguish dwell,
To leave the friend I now possess,
And bid with her farewell.
My heart is fill’d with serious grief,
Whore shall I go to dwell—
There’s none but thee can give relief
With whom I bid farewell.
-c . r
The days of absence now draw nigh,
In vain do I repel—
It brings from me the throbbing sigh.
To bid,my love farewell
Hi
has found its way into this court.
As.it regards the absence of the attorney
general’s name; if it ought to be there, and
tlie bill has been properly introduced to the
grand jury and 'found by them, the court
would direct his name to be inserted, as a
mere matter of form. .
As it regards the objection that the indict
ment contains a charge of a conspiracy to
commit a riot as well as the charge of actu
ally committing the riot; and that thespi. of
fences canrrot be joined in one indictment,
(he court do not think that tins' is a valid
objection. It is true the doctrine contended
for, has the highly respectable authority of.
chief justice Parsons,' in the case of the Com-,
monwealth vs Kingsbury, 5 Mass 106 to
sustain it. Hut according to the practice in
the criminal courts of Pennsylvania, such is
not held to be the law here. With us, as ip
court think it will be'found
that this doctrine is confined to cases of fel
-onies: such too was the decision of the su
preme court of New York in the dape 6f the
People vs. Mather, 4 Wendell 265, in which
an indictment containing a count for a mis
demeanor as well as a count fora conspiracy
to commit it, was held good.
The remaining objection growing out of
the manner .in which the indictment found
its way into court remains to be considered.
By an act Of assembly pissed on the 28th
day of March, 1805, it is provided, that "in j
all case's where one or more persons have
committed an indictable offence the names of
all concerned (if a prosecution shall be com
menced) shalrbe contained in one bill of in
dictment; for which not more costs shall be
allowed than if the name of on'c person only
were contained therein.” This act is only
making imperative, a principle, which the
court, in exercising a sound legal disccrtion,
and having a due regard to the rights of in
dividuals, would have enforced without if* I
In civil cases, where separate suits are
brought on a number of bonds between the
same parties, the court order the actions to
be consolidated, and in every instance-it is
their duty to prevent the abuse of the pro
cess of the court, as well as its proceedings.
But there is no need of vindicating statutory
provisions where the express enactments of
•the legislature are found. They are obliga
tary on the court and must bo observed.—
The only inquiry here is, whether the case
comes within the statute. Let us examine
the facts. In December 1838, commencing'
about the 6th of that month and extending.!
on for several days, on the complaint or afli
davit of-Charles-Br-Penrosc; TliosrH. Bur--
rowes, Thaddeus Stevens, Geo. M. Philips,
Geo." Bergner, John P. Uutherford, George
V. Hall, and sundry other witnesses, made
before or produced to Calvin'Blythe, Esq.,
then president judge of this judicial district,
a number of persons were bound over for
their appearance at January sessions and
Oyer & 1839, to answer to charges I
relative to the disturbances on the 4th of
December last, at which sessions a bill of
indictment was preferred to .the grand in
.quest, against Charles Pray, John J; M’Ca
hen, John W. Byan, John Savage, Joseph
Hall, Aaron F. Cox, George W. Barton,
John Snyder; Martin Dunlap, James Black,
George Sanderson and E. J.Penniman which,
was found, a true bilkas to all the defend
ants, except George Sanderson and E.J.
Pennunan, and as to them not true. Of.the
eleven persons thus indicted, seven only, to
wit: George W. Barton, John Savage, John
J. M’Cahen, Joseph' Hall, Charles Pray,
John W. Byan, and Aaron F. Cox. were
bound over .with surety for their.appearance
at the next April Court. The indictmehtin
question charged the defendants therein
named jointly, together with others.uriknown,
with having conspired to commit and actu
ally committing , a riot, &c. in the'Senate
Chamber on the 4th of December last. %
At the same sessions the;witnesses for the
Commonwealth to the number of twenty
were "recognized for their appearance at A
pril sessions, 1839. At April .sessions .a
. I motion toTfuash the indictment was success
ful fully
;he ground of ! 'defect in the
Ve a
fade da
Is or venf
luary sesaft
'ho lin'd bee
lore on tha
recognized with \
anceat the presen’
desaeaXodmajCdm?
procc!
ms, and the seven defend^
for Ja
ants
19th of April, 1839, again
Bions
for; their,, apjSiear
.l sessions, and sixteen
faonwealth weroalao bound
over. At the present sessions,. o.tt;thb 21st
day of the present month Mr;, J. A&Fisher,
bn behalf of the prosecutors, court
tb: direct the Attorney general, to; affix , 1m
pam'e - tpi* an'.indictment for -conspiracy, and
riot&c. in the Senate Chamber “oh the 4th
of .December last, .wbicjfi he proposed to send
“OUR COUNTRY RIGHT OR WRONG.”
(or summoning, the jury.
bound over to April ses-
up against Chiu-les Fray, John J. M’Cahen
and Aaron F. Cox, omitting the defendants
then and now held under recognizance to
answer at this Court for participating in the
same offence. The Court distinctly asked
the counsel for the prosecution, if it was in
tended also'to indict or prosecute the other
perspnsdiarged with having been concerned
m the same transactions. To this at first no
answer was given. On the question being
repeated, it was said "they did, is, soon as
they saw fit and obtained evidence to iden
tify them, Bgt no evidence ‘was Offered to
the show that, such evidence was
not hepfnir could not he had at this time.—
general stated, that from his
imvn knowledge of their testimony, the wit
nesses in attendance would identify other 1
persons who were said to be implicated, be
sides those named, which statement was not
denied by the counsel for the prosecutors.—
The Court; after, hearing the argument of
the counsel decided, that the prosecutors
must include in one bill of indictment all
the persons under recognizance to answer,
which it was their intention to prosecute,
and that they would not direct the attorney
general to sign the bill,, nor would they per
mit it to,be sent to.the grand jury against
the three, unless,'the persons conducting the
proscGution-would consent to'the entry of a
nolle prosequi against those not intended’ to
be uamed in the bill. This they declined to
do. The persons composing tlie grand Jury
were in Court and heard thjs decision of-the
Court. They heard the Court say, that the
attorney general was in the strict line of du
ty and that this conduct received the appro
ha Cum of the Court. They, then retired, to
their ropjn to attend to the remaining busi
ness which was legally before tlieni. -andj
there somehow, but in'vhatananner is yet
unexplained to the Court, except that it was
not by the consent of the, attorney genet-id
-or the Court, this very bill of indictment
which the Court had decided could not ac
cording to law he legally sent up .to them,
did get before.them, Middlewarth;
Charles B. Penrose, Thomas’ H. Burrowes,
Thaddeus George TViK-Philips, Geo;
Bcrgner, Daniel Etkles, M.-Ritncr, H. H.
Utter, John Strohinj-Geyrge J. Gross, Geb.
V. Hull, Abraham Milfw imd John Harper,,
as appears by their return, were examined
as witnesses by them, and they then return
ed to the Court this same paper as a pre
sentment or indictment, endorsing it ‘a true
bill,’ having-signed it by tjieir foiejnan, Jo
seph Wallace, Esq. ’ Subsequently they,
handed info Court a-paper signed by. all the
eighteen grand jurors,- called a presentment,
relative to the' conduct of Ovid F. Johnson,
attorney general of-the Commonwealth of
Pennsylvania, which it is only material here
to notice ns,stating “that the witnesses ex
amined before them fully prove that the said
Charles Pray, John'J. M’Cahen and Aaron
F. Cox, together with a great many other in
dividuals t(j the number of obe hundred and
more did commit the crime and outrage
charged upon them in that bill,” and also
stating, that they were in Court and heard
what there transpired, when the Court ap
proved of the course taken by the attorney
General and refused to permit the bill of in
ictment, in the shape in which it then stood,
to go before them. And yet it has been
urged that the Court has no judicial know
ledge on life subject of these transactions.—
We have on the records of the Court the
following entry in relation to the matter:
“Commonwealth "V “August 21,1839.
vs. j'Mr. J. A. Fisher, mo-
Charles Pray, John J. >ved the Court to di-
M’Cahcn and, 1 Aaron I reel the attorney ge-
F. Cox, J. ncral to sign a bill of
indictment to be sent to the grand jury a
gainst the three defendants named, or, to
permit him on behalf of the persons prosecu
ting to use the attorney general’s name in so
sending the bill tp the grand jury, alleging
that the attorney general had refused to sign
or send the bilHo~thc~grand‘jury. Andlhe
'attorney general having stated his reasons
for so refusing, that other persons implicated
In tlie, same transaction and who are now Un
der recognizance to answer with the defend
ants named for the same offences with which
they are charged, who are not.named in the
bill proposed to be sent. He declines sign
ing ‘of sending such bill to the grand jury
unless the names of all whom'it is intended
to prosecute for the same offence are includ
ed. The Court deem the attorney general's
reasons sufficient and refuse to direct the
attorney general to sign the bill or permit it
to be seiifto the grand jury .unless all the
names are included or a nolle prqsequi be
entered as to those who afe not named in
the bill,” . „
And we have, independent of all recollec
tion on the subject, and the written opinion
of the Court filed, this presentment of thej
grand jury themselves, setting forth the facts
before stated, f , ■ . ' “
The Court on the fullest reflection .are
satisfied, that they were vight in the decision
which they made in regard to this matter;
that the'fall was improperly introduced be
fore the grand jury, and asiniproperly acted
upon by them. The Cpurt has the power of
controlling the course'of their, hroceedings,
and it is right they'should have it? The er
rors of the Court can be revised and correct
ed, by a higher tribunal which would not be
the case .were the mode of conducting the
businesa of the Court committed to a body
like’the grand jury, whose erroneous pro
ceedings could hot be corrected at.all, if the
Court'm which they sit and of which they
are a constituent part, when in the lino of
theirduty, have not the power to do it. On,
this ground then alone, independent of any
other cxceptions tlie Court is bound'by every
principle of law,and justice,'by every regard
to the order and system necessary, in con
ductihg of the Court, as wellby
the_ positive provisions of an act of assembly
which entehds to and gdyeriis the case,' to
quash this indictment, • : ’
But there are other, exceptions which be
ing made, and urged, the Court are bound to»
notice and decide. '
[AT TWO DOLLARS PER ANNUM.
New Scries—Vol. 4, Ho. 13.
. From the first.settlcmobt of Pennsylvania
up to the, 29th of March, 1805, the. Sheriffs
or the.different counties selected the jurors
as well for the -‘grand inquest,’,as,for (he
triaf of issues. -It is true, that by the act of
1789, the Sheriff Was required to take an
oath to make his.selections with impartiality’,
apd it is equally true that in very many in
stances the oathtwas disregarded and the
jurors were selected by a system of favorite?
ism that deserved scarcely a milder appella
tion than packing. So flagrant had this
system become, in relation to the political
opinions of jurors, and so constantly, in
certain counties,, were political prejudices
brought into the jury box, that public,confi
dence in the system then in operation was
lost; for it was tound that political prejudices
and opinions with juror?,, were often para
mount to their oaths, which required them
to decide causes according to the evidence.
The act,of 20th March, 1805 (4th Smith’s
laws 237) was passed as an experiment, to
test the possibility of remedying the, evil,
and was originally limited in its operation
to three years, abd T thence to the sitting of
the next general assembly. The provisions
ol this act arc mainly in accordance with
those of the act of 1834, now in force, so far.
as regards the mode of selecting and draw
hmjurnrs. —t -
-By this act of April 4, 1807, the assessors
of the several townships, or, districts; &c.
were required to. return the names of the
white male citizens to the County Commis
sioners, who were to deposlte. the names of
the persons- so returned, in the proper jury
wheel, in proportion to the numbers requisite
for each; whence they were to,be drawn; as
jurors, should, be_rcquir‘ed, and to make a
.new return triennially or bftcjier if-thernames
were sooner exhausted. _
By the act of 4tli April, 1809, the above
provisions of;*htf act of -’lBO7 are repealed,'
and the original act of 1805 iS-ipade perpet
ual, and with the remaining sections of the
act of 1807, left in force, and certain sup
plements not affecting the gcireral provisions
of the law, continued in force until supplied
by the act of, 14th of April, 1834, which pre
scribes an entire system, according to whichr
all juries arc to be'selectedby the sheriff and
commissioners, and summoned and returned
to their rerpective courts “anci-notother-~
wise.'” ; [Sec. LXXTX, Purdon 563.]
It follows then, if the jurors have, been
sclccted, summoned and returned, “other
misc” than is provided in that act, any party
objecting thereto, can successfully challenge
the array, or if he has not pleaded, can quash
an indictment found by a grand jury so ir
regularly selected, summoned or returned.
It also follows, that if either corrupt partial
ity or prejudice shall have operated upon the
minds of the sheriff and commissioners in
making the selection, or that, with a view to
the opertaion of political feeling upon ver-:
diets, in cases in which political feelings
maybe naturally supposed to Operate, an
undue preponderance has been given to any
political party in the selection, then a dial-"
jenge to, the array will be sustained, or the
indictment quashed, although all the forms
of law have been observed in making the se
lection and return. Because it is well known,
that it was to prevent these very things that
the present mode of selecting jurors was
adopted’, instead -of the former one, and
courts are bound to give the proper effect to
the intention of the legislature in passing
statutes. ,
It appears to the court in the present case
that the following irregularities, occurred
in making the selection ot jurors for the ser
vice of the year 1839.
1.-The act of- assemblj’ requires that the
sheriff"and commissioners, under the oath,
which it prescribes, shall every year select
.from the taxable inhabitants a sufficient num
ber of sober, intelligent judicious persons to
serve as jurors of the several courts.of such
counties for the ensuing, year, and that suffi
-eienl mnnber-\s~tn bc so’ rcgu)ntcd; that _ at
the end of the year there shall remain in each
wheel as hear as may be the number of names
requisite'to coujpose the panels of jurors for
one court at least, and not any greater num
ber tSceSectionsßXXXV andLXXXIX.)
Here 950 was agreed upon as about the
requisite number. It appears that 1300 or
1400 were selected by the sheriff and com 7
missidners, and then some. 400 of the jurors
whose names were’ actually ;on the ballots
folded'Up, were drawn out of the number'se
lected, not from the wheel, but from heaps
on a table into which the nam.ps.Jn the re
spective townships were thrown, where all
the ballots were’exposed to view, when part
were removed and the balance only were
deposited in the jury wheel. This is not
Jhe mode ; of selection which the act directs.
The sheriff and commissioners ere to pass
judgment on-each person in making the Se
lection, and not Submit it to lof, and especi
ally to a lot so objectionably conducted. '
' 11. The sheriff and'commissioners-are re
quired to make the selection themselves, and
towrite or cause to be written the name)
surnamcand addition or occupation and place
of"abodeof each orieof the personsselectedr
and to roll up or fold the slips, &c. aiid-de
posite them in the wheel, &c.
It appears hero, that the.sheriff and com
missioners-were'engaged from the 6th to the
Bth of December, 18S8, in making the selec
tion. .That when they had completed the
selection they directed their clerk, Henry
Peffer, to,write but the names, additions and
places of .abode of the jurors on slips. That
'Mr. Peffer, with the assistance of Mr. Aaron
Bombauglv, between (hat time and (he 19th
of the samp month, wrote off the names oh
tlie slips, and that thehhefiff and commiss
.ionera .w.idmut. examining thehi .by compar
ison with the list seiepted,' proceeded to fold
up the slips, and having, removed wlia.f they
considered the supernumerary names as be
fore mentioned, deposited the rcmaihihg'sHps
folded up. in the jury'wheel,- . There is some
controtnety in the evidence as to,' whether
the L shcnff..and commissioners knew of : the:
intended employment of Mr.-Bombaugh to<
assist Mr. Peffer, which, however, the court
AGENTS.
.John Moore, Esq. HewvVfle; , ■
Joseph M. Means, Esq. Hopewell township.
John WunderLichl Esq. Snippensburg.
William M. Mateeh, Esq'. Lee’s X Roads.
John Meh'affy, Dickinson township? ■
John Clesdenin, Jr. Esq.. Hqgestown.
OeoHgE FI C ain, Esql Mechariicsburg. ,
FnEDERICK WONRERLICH, do.
James Elliott, Esq. Springfield.
Daniel Krysher, Esq. Chnrchlown.
Jacob Longnecker, Esq. Wormleysbnrg.
Georoe Ernest, Cedar Spring, Allen tp.
. think immaterial, as when the .work was
•tone, the fact of a part of it having been
done by him, at Mr. Peffer’s request, was/
made known to {Tie sherilfan’d commissioners,
and no’-objcction was made to it, /fhe ir
regularities here, committed were, these;
That the nnme3 not being copied in the
presence of the commissioners, but in a part
at the dwellings of the persons employed,
the sheriffand commissioners should have
carefully compared them before they pro*,
needed to foil up the slips, and deposite tholfi
in'the wheels'. It is true that both Mr. Teller
and Mr. Bombaugh say that they intended to
copy them correctly and think that they did,
but they say they did;not compare them
cause they thought tlib-fcheriff and commiss- •
ioners would. • , ■
111. The act of assembly requires, (Sec.
LXXXIII) that every of the said wheels
shall be provided with a sufficient lock and
key. The wheel shall remain and be in the
custody of the commissioners of the- respcc-
tive county, and-the keys thereof in the cus
tody of the sheriff of the same county. And ’
again (sec. XG) as sooii as the sclection of
jurors, and the depositing of their names in
the wheel, as aforesaid shall be completed,
the sheriff shall cause the same to be locked -
and secured by sealing wax, and thereon the
said -sheriff and, commissioners shall impress
distinctly their respective seals, .
- Here it appears that the-lock used on the
wheel is one of the small old fashioned iron
spring ( saddfebag'locks, which is easily open
ed, by almost any key. The sheriff having
three keys which will open it, and which he .
received from his predecessor. When lock
ed, sealing wax, has been put onthc joints of
thC'.lid, upon which the commissioners or .
their clerk have made two impressions with
the' office seal ol the-commissioiler’s office. .
This seal is, kept ip. a drawer in-the com--
missioner’s office, to which,- of course, the
commissioners and their clerk have, constant
access. , There, has never been impressed
upon the sealing wax used, the respective
seals, to wit: the private seals of the sheriff
and each of the commissioners. The act in
tended that the wheel should be so kept
lhat the greatest possible security would be
afforded against its being opened. As it
was to remain in the custody of the commis
sioners. it requires that in addition to their
owiundivldual seals, it should haveitn pressed
-upon. it.the individual seaLDf-.thc.-sherilf,. so
that if opened and the seals.brokcq, without
the sheriff's knowledge, the violence could
be at once discovered. This security is not
afforded when the seal used is only the office s
seal of the commissioners, the impressiqTi
from which on wax, could at any time bo
supplied, without the sheriff’s knowledge or
consent. .Hereafter tile sheriff- and com- ,
missioners should be iqore particularin.-.com
plying with flic directions of the act, and
ought also to procure a more secure leek.
■ IV. Exception is also taken to the intcr
fercnce of-tlenry Teller the clerk, in thc.se-
Vection of the.jurors, by adding'fiantes to the
number selected by the sheriff and com
missioners. There is; a, discrepancy in ; the
evidence, as to the time, when.the dispute
occurred about selecting Mr. Clarke’s name.
Sheriff Cochran and Col. Whitley speak of
it as having occurred on the .19th of Decem
ber, when the names-were put,in (he wheel,
and say that Mr. Pcffcr suggested his name
along \vith th.at°Qf three other gentlemen in
Middle Paxton townshfj)* and had written
them down on slips. Mr. Puffer and Mr.
Hummel say; that Mr, Hummel marked Mr.
C.laike’s nathe before the selection whs con
cluded on the Blh December; but they all
agree that Mr. Pcffcr had written down and
produfcd'tlie names of the other three gen
tlemen, when they met on (he 19th; and it
would'appcar that one of their names, accor*.
ding to Mr. Pcffor’s testimony. Was put in
by thc'Sherifl' without the knowledge of the",
commissioners, and tfih namc of the other
one according to Col. Wjnlley’s testimony,
goHntrrthtrbox \viffiout the consent of either
liiniseU' or the Sheriff. The Sheriff, Col.
Whitley, Mr. Peffer, and Mr. Hummel, also
disagree as to' whether there was or was not
an implied assent on the part of the Sheriff
to put Mr. Clarkels name in.
the selection of the jurors 'clearly ought
to be made Ivy the Sherift’and
They are sworn, the clerk is not, and al though
perhaps, he might often suggest good names'
to them, it would be better, to say the least
of it, m order to avoid censure ami suspicion
that this clerk should not interfere; more' e-.
specially, in times of high political excite
ment, when lie is an active partisan.-'
V. There is another irregularity in draw
ing the Jurors, which, although not made a
specific ground of cxccption, the court_will--,
notice, as it affords an opportunity of inter
fering with' the names of the persons drawn,'
in a manner not warranted by the act of as
sembly. Henry Peffcr, the clerk of the'
cornmisdoners,- says in his testimony. whcn '
endeavoring to account for the- fact that- at
the end of the year 1838, thero was but
twenty ballots in the wheel,.more, than suf-,
ficient to compose the: panels of Jurors for:
one .court, that "in drawing out the jurors
there are sometimes natpes drawn outwhich
are destroyed, such as those who may have
died or removed, or Hie names;of post mas
ters and mail contractois, not liable to serve
on juries, and incompetent persons whose
names may,have been inadvertantly put’lnto
the wheel, and that more than one hundred
tickets' were destroyed that year.” ■ This
practice might lead to gross abuses and ought
not to be tolerated, further than as regards
those, who have died or-removed. The
judgment of the Sheriff and Commissioners,
as to the competency and qualifications of
Jursvs, is to be passed at the tiriie of their
e‘..ection, not at the tiinag.of .their names be
irig 'drawn put'of.the wheel. •' ;
Exception. to theconsid
eratiomOf which wc.proceed with pain,' hu t
potwitfi any hesitatkn’aß to;
deciding it. .. We mean So
ccption as chargcs. Ky
combination to.
vents, sireh ajw
_ ’e jury; or, at all'
icat of thin
ie ; cS*
rerice at’lcait rd