OCR Text |
Show DISTRICT COURT. Ilin honor, L'hkf .liL-iic- .M. -K-uui, ! wu In ftC.-Moii yerii'i--y, li''-in' :i-u-. itiefilH biariiig on tl.u Kiiium mine : oaM:. The Cuiirt !i-uuu-l onl.-r u! , Biirvoy, whicU authoru-- .Mr. J.yuns' with two attorney!, two iiyj, nnd j live iiiiniu' esponn, to ro into the j miii'-, tiding the a.:il-u-iarit'.H works and machinery, un-I Irvine; the pnvilot-e ofiniectiuK, -wrviiyiiiK uiul jicu.-.uiiug the .uin.: I'r tive r-iulur tluv, coiii-niencini,' coiii-niencini,' ly-day, Tit- Cuit exacted from plaintiff, at lite rem:M ul iMcmI-nnt, iMcmI-nnt, a hond to pay tha tiinmu mine all damage- ic luixht stiitain I- rea-011 of mu-li in;-nee t ion, nor to u.ut.ed .Mr. Ilillyer bruliiflit on hi-unli-an apijlicaihtn to imuidauim the clerk of court to draw ft jury in uc-cor-Jaiiuu with the law of ihu 'iVni-tory. 'iVni-tory. His application was re.-ihtcd by Judge Mulvcun, who appeared to be the only counsel in the cuae diipu-iud to arnno the quetiou. Tho JiuL-e aid that tho point raised hud been elaborately elabo-rately argued before him lieuently, and he hoeiued uidNuuied to hiten to Mr. Hillyer, who was compelled, in consequence, to shorten hia un-umoiit. Tho Court reminded Mr. Hillyer, ulter a citation of some authorities from ro-porid ro-porid oi'diQ'orunt States, that ho forgot for-got this waa a Territory and not a State ; to which counsel somewhat sarcastically sar-castically replied, that he was painfully aware, aa was his client, that it wad a Territory; and if ho had ever ceased to remember it, the conduct oi the Judge would not have permitted him to do o, even iu thy absence of the direct Muggestion to that fact, which he had just hoard. If this were not u Territory, Terri-tory, he would not be obliged tu argue lueh a proposition as thra before any State or LJuitcd States court ou the continent of America. O4P point made by Mr. Hillyer was, that cvon if tho court held, us had been stated, that the Territorial law governing govern-ing the mode of summouiug and im-panneling im-panneling jurors, was invalid and not; bindiog upon this court, under various decisions of State and United States courts, tho rule was always, when unable un-able to follow the mode prescribed by i State statutes for drawing jurors, to assimilate as near as posible under the rule of court ou drawiug jurors to the mode prescribed by State statutes. But that in this case, as his honor first decided that the fair mode prescribed in the Territorial statute, which left the selection of a jury with four mm and the arbitrament of chance, was inoperative, inop-erative, instead of making a rule for drawing, assimulating to thut fair method the court had jumped ovor a logical chasm and placed the selection of jurors, to try a case involving millions mil-lions of dollars, absolutely in the hands uf one man. lie added that uuless he was forced by ruling and circumstances he could not control, no client of his should ever go to trial before this Court while that ruling remained, lie stated this as the reason for making the application applica-tion and the argument upon a proposition propo-sition whieh the" Court whs kind enough to advise him waa u useless labor. Tho Judge stated, after Mr. Hillyer had closed, that it was iu hid power to make a rule to provide for the drawing of jurors in some other way than by means of an open venire to the Marshal; Mar-shal; and that he would consider the propriety of making such tt ride! We nesd not comment on this at preseut. It will commend itscif for reflection. |