The Sun.
London, England, 1870-04-20 00:00:00

A STRANGE TRIAL FOR MURDER.

The principal topic of news in the American papers is
the trial of Daniel MTarland for the murder of Albert
D. Richardson, of the Tribune, which began in earnest
on the 7th, two or three days having been occupied
in the selection of a jury. No fewer than 750 jurors
were summoned, and before twelve men could be
agreed upon by one,
the opposing counsel, every
.as he
was called in succession, was examined and
cross-examined minutely as to his religious belief—
including the question where he went to church—his views
on capital punishment, his opinion (if he had formed one)
on the case to be tried, and so forth. Two or three speci-
mens may be given. Mr. E. L. Trowbridge, broker, was
called and examined thus :—Have you a wife ? Yes, sir.
—And children ? Yes, sir.—Do you attend any church ?
I do.---Of what denomination ? Episcopal.—Are you of
opinion that if sworn as a juror in this case you can give
Mr. Mc`Farland a perfectly fair, merciful, and impartial
trial ? I think so.

Mr. Trowbridge was accepted. Mr. Patrick Darby
was subsequently called and examined as follows :—Have
you a
forme or expressed an opinion on the subject of the
guilt or innocence of this prisoner ? Yes, sir.—Was that
opinion based on what you read in the newspapers? That
is all.—Did you read any one, or more-than one ? I guess
I have more than one.—What papers ? Herald
and News.—Did you read all that appeared in
any one of them ? I might have done so.—Did you
assume what you read to be true ? Yes, sir.—
If it should turn out not to be true, then you have no
opinion ? Of course I have no opinion. —Then any opinion
you have formed or expressed has been on the supposi-
tion that what you read was true? Yes, sir. —And if it
should turn out not to be true you are without an opinion?
Yes, sir.—Judge Davis : Have you any conscientious
scruples in regard to finding a verdict against the prisoner
where the penalty is death ? Yes, sir.—Mr. Graham :
What do you mean by that ? Would you re-
fuse to find a, man guilty of a capital offence if you sat
as a juror, provided the evidence established his guilt?
Well, that would be according to the evidence I would
hear from both parties.—You would not refuse to per-
form your oath because you were opposed to the punish-
ment of death ? I lean on the side of MTarland.
(Laughter.)—lf you were to sit in that chair, and'any one
else was on trial for his life, would you refuse to render a
verdict if the evidence showed he was guilty? No; I
would not in any other case, but in this case I should—
Recorder Hackett : Stand aside, sir.
Mr. George Howard was thus questioned :—Have you
heard or read anything about this trial? I did, sir, at
the time.—And have you formed or expressed an opinion
with reference to the guilt or innocence of this gentleman?
Well, nothing definite.—By Judge Davis: What is your
business? I an actor and manager.—You say you
formed no oion of the guilt or innocence of the
accused? I could say now that I have no opinion.
—ls your mind free from all bias •on the sub-
ject? I think I could say that it is free, sir.
—Have you any conscientious fcruples that would prevent
your finding a verdict of guilty in a case punishable with
death? No, sir.—Do you know the prisoner? No, sir.—
Did you ever meet him ? No, sir.—Do you know any of
his relatives or friends? No, sir; I am perfectly unac-
quainted with all the parties.—By Mr. Spencer : Mr.
Howard, are you a married man ? I am, sir. —Have you
got any children? Four living ; I have lost four.—Mr.
Spencer : I guess that is right. —Judge Davis : We with-
draw our challenge,
It was agreed between counsel that the jury should not
be locked up at night during the progress of the trial.
Recorder Hackett (the presiding judge) accordingly told
the jury they could separate, briefly charging them not to
converse with any person on the subject of the trial, and
advising them not to read the newspapers. The Court
then adjourned until 11 a.m. on the 7th, when the district
attorney was to open the case " for the people," and com-
mence the examination of the witnesses.

Commenting on the system of challenging jurors the
New York Times says :—The right of challenging jurors
may be seen exercisedon a truly Brobdingnagian scale in
this city whenever a trial of unusual importance is coming
off. Nearly 700 citizens were subpoenaed in order that
twelve men might be found of sufficient intelligence and fair-
ness to try McFarland. If things go on at this rate, a
small town will not be in a condition to afford the
luxury of a jury much longer. Even New York
might not be able to stand the embarrassment
to business which half a dozen important trials going on
at one time would be calculated to produce. This abuse
of the privilege of challenging jurors is shortsighted in
every way. It does not find out the best men for the duty.
The counsel, not satisfied with putting the
question, " Have you any prejudice in your mind con-
cerning this case?"frequently pressed the juror as to
whether he had formed any impression whatever
concerning it—and the mere reading of the newspapers
seemed in some cases to be taken as sufficient
disqualification. A man who does not read a news-
paper cannot be a very, fit person to sit on any jury;
and as for " impressions, ' whose mind is free from them
when a case of this kind is brought before the public?
But a juryman is sworn to render a verdict in accordance
with the evidence produced during the trial—his mind is
not supposed to be a " sheet of white paper " when he
enters the court. It is ordinarily deemed sufficient for
the judge to admonish the jury to dismiss from their
minds all that they heard previous to the evidence,
and juries are as a rule intelligent enough to see for them-
selves the necessity of doing this. The oath surely ought
to be strong enough to overcome mere " impressions,
but not much importance seems to be attached in legal
circles to oaths nowadays.

COUNT DARU AND THE EMPEROR.—It is said that
when Count Darn, the ex-Minister for Foreign Affairs,
tendered his resignation at the Tuileries, the Emperor
Was anxious that his departing Minister should
express a wish. " I must be your Majesty
not to insist upon it," replied M. Daru ` But
you have a son. What can I do for um t"
that he M
son is very young sire, and I am not amblitiousy
should have an office in which he depends on another
than myself." 7` At least," said the Emperor in conclu-
sion, " you will not refuse to introduce me to your
son."
M. BANNEVILLE AT ROME.—A letter addressed
to the Agence Navas states that the impression
prevails in Rome that M. Banneville has brought
no letter from the Emperor, and no cleelar ttion.
from the French Government with respect to the Council,
and that he will follow out the course prescribed by
the Prince de la Tour d'Auvergne instead of that which
Count Darn deemed it the wisest to pursue. This account
coincides with the report that was circulated that after
Count Darn's resignation the French Government sent a
telegram after M. de Banneville, than en route for Rome
to forbid the presentation of the memorandum which he
had received for Cardinal Antonelli.
THE AUSTRIAN MINISTRY.—The Austrian Min-
istry has published a second declaration, which developes
the principles set forth in the programme of the first an-
nouncement. The most remarkable passages are
those which refer to the political state of
Austria and the union of the different races by the
common rights of the Constitution and of liberty. The
Ministry will endeavour to reconcile the conflicting par-
ties which are constantly opposing the development of the
general policy of the btate. In conclusion the
manifesto declares that the Ministry over Which
Count Potocki has the honour to preside
will uphold the general acceptation of the common rights,
and the foundation of common liberty, as the only objects
which the government can set before them. The firmness
and perseverance which the Austrian Ministry have
exhibited afford good hope of a successful future, and hold
out a fair promise of the re-union of the various nations
which compose the Austrian Empire.
An impression prevails that the Mines Regulation
Bill wth have to be postponed until next session. —Coal
and Iron Trades .Review.

The upening a new drive and carriage way at
Blackpool which have been constructed at a cost of
00,000 was the occasion of a grand demonstration.
About 30,000 visitors came to the town, and amongt the
attractions was a trades procession.
Mr. Henry William Ripley, who for a considerable
time has contemplated the erection of a Convalescent
Home in Bradford, has intimated his intention to devote
£lO,OOO to that purpose.
THE PoPE's GOLDEN ROSE.—The golden rose
which the Pope is accustomed to sometimes send at Lent
to a female Sovereign who has most distinguished herself
by religious zeal, is destined this year for the Empress of
Austria.

Speaking of the Tipperary Election, the Conmell
Chronicle, says that upon an examination of attested
copies of the polling books for. Lower Ormond, it has been
discovered that thirteen votes were recorded for Mr.
Heron more than was announced at the declaration of the