signments of error I think there is at least one in this case worthy of consideration and which admits of sufficient doubt to entitle the petitioner to have the same reviewed by the Supreme Court, and that is whether or not the jury which convicted Funk was legally constituted. Section 872 of the Revised Statutes of the United States, relating to the District of Columbia, prescribes qualifications of jurors as follows: "No person shall be competent to act as a juror unless he be a citizen of the United States, a resident of the District of Columbia, over 21 and under 65 years of age." *** (Sec. 3, ch. 36 (jury), Statutes D. C., Abert & Lovejoy.) Robert T. Patterson, one of the jurors in the trial of Funk, when examined on the 12th of December, 1899, relative to his qualifications as a juror, stated that he was within 10 days of 65 years of age. He was, however, accepted and sworn, and served on the jury. The trial lasted from the 12th to the 23d of December, 1899, inclusive (12 days), the verdict of the jury having been rendered on the latter day. Patterson, at the time he was sworn as a juror, in the case, was under 65 years of age, but during the trial he reached that age, and at the time the jury of which he was a member returned the verdict of guilty he had passed the age limit prescribed in the jury law. This question is an important one, involving the right of Funk to be tried according to the forms of law and by a legally constituted jury. Itherefo"e recommend that he be granted a respite until the second Friday in November next (Nov. 9,1900), in order that an opportunity may be given for the Supreme Court of the United States to hear his petition for certiorari.

List of pardons granted by the President during the fiscal year ending June 30, 1900-Continued.

sentence of the petitioner be com-
muted to expire on the 21st day
of August next, on which date he
will have served 2 years and 6
months of his term.

4 months in Fulton May 1, 1900 Petitioner was sentenced to 4 County jail. and fine of $100.

Fine and costs
remitted.

The district attorney and the
trial judge advise a pardon on ac-
count of the serious illness of pe-
titioner's wife. I concur.

Name.

Recommendation of Attorney-
General.

Action of President.

Date of
action.

List of pardons granted by the President during the fiscal year ending June 30, 1900-Continued.

District.

Offense.

Sentence.

Date of sen-
tence.

Richard Drake

Indian Territory, Larceny of a horse. 7 years in Ohio pennorthern.

June 2, 1896

itentiary.

2 years in United Nov. 14, 1899
States peniten-
tiary, and fine of
$50.

1 year in Tennessee State prison and costs.

1900.

Petitioner was sentenced to 7 years' Pardon granted June 29
imprisonment for larceny of a
horse in Indian Territory. He
has now, counting the time spent
in jail prior to his sentence, been
confined over 4 years. I think he
has been sufficiently punished
and recommend that he be par-
doned.

Petitioner was sentenced to 2 years'
imprisonment for selling liquor
in the Indian Territory. From
facts that have come to their at-
tention since sentence was im-
posed the district attorney and
trial judge advise that sentence
be commuted to 1 year's impris-
onment. I so recommend.
June 9, 1900 Prisoner is a lad of not more than
14 years of age. He was guilty of
larceny of some small articles
from the mail and received a sen-
tence of 1 year's imprisonment,
which was the least that could,
under the statute, be pronounced
by the court. In view of the ex-
treme youth of the prisoner, I
advise that sentence be com-
muted to 30 days' imprisonment.
Petitioner was sentenced to 5 years
and 1 month imprisonment for
stealing two horses. In view of
the length of the sentence and the
good conduct of the prisoner, I
recommend that sentence be com-
muted to expire Aug. 2, 1900, on
which date he will have served 3
full years.

Abraham Martin.

Indian Territory, Larceny of horses. northern.

5 years and 1 month
in Ohio peniten-
tiary.

Aug. 3, 1897

Nov. 2, 1889 Pardon recommended to restore

9 years in Iowa peni- July 15, 1895 tentiary and costs.

do.