The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1822-06-05
MISCELLANY

burglary. MUCH UttlCutty was found IN !
obtaining a sufficient number of Jurors.
The Counsel for the accused were,
Messrs. Biddle, Meredith and Dunlap.
Mr. Kittera conducted the prosecution.
A person being called as Juror, was in
terrogated by VIVA. NJ. Meredith, Esq. as
to his having made up his mind or de-
clared an opinion as to the guilt or inno-
cence of the prisoner Among other
questions were the following:
Have you any bias or prejudice against
the prisoner at the bar?
Ans. believe him 10 be an old con-
vict.
Mr.. Meredith repeated his question,
and pressed for more direct and salts
factory answer At length the Juror
said. g No, | have not SO much prejudice
against him as have against YOU"
Quest. Why, Sir, have you preju-
dice against me?
Ans. Because, in my opinion, nei-
Their you nor the other counsel have act
ed very clever towards the Jury.
Mr.. Meredith, now turned from the
Juror and addressing himself 10 the pre-
siding Judge, Hallowell, said 3 Sir, will
you permit the Juror to use such insolent
language TO the prisoners counsel?"
Judge Hallowell said he had not heard
what the Juror said, and inquired "what
1t wasE! Mr.. Meredith again turned to
the juror, again received the same an
swer, and, again turning to the Court,
repeated the same inquiry he had just
before made. Again Judge Hallowell
declared that he had not heard what the
Juror had said, and again inquired "what
1t was - This answer was evidently I'M
expected by Mr.. Meredith, and he said
to the Judge "then, sir, you should have
attended AID heard and protected the
counsel from such insolence.''
Judge Hallowell said, 81 am desir-
Gus TO hear, and wish the Juror would
turn his face toward the bench, that /
may hear him."
Again Mr. Meredith addressed the Ju-
ror, and third time repeated his ques-
ton. The Juror now turned to the !
Court, and although we have been una
bic satisfactorily to ascertain his precise
words, we are satisfied his answer was
couched in less exceptionable and in
milder terms than it had been before.
James c. Biddle, Esq. now rose and !
moved the Court that the Juror be set
aside for cause. He considered his open |
and acknowledged prejudice against the
counsel Of the prisoner as sufficient
ground Of challange.
Judge Hallowell overruled the obiec-
ton said what had occurred was not le-
gal cause to set him aside, and desired |
the Juror to walk into the box. Mr..
Meredith said, "Thank God, we can
challenge peremptorily." This remark
offended the Judge, who sharply cesue-
ed the course pursu;sg-said it ought not
to be tolerated, and pretty plainly midi
Gated that it should be punished. Mr..
Meredith expressed his willingness to
meet whatever punishment the Court
should direct; but declared he would
support what he regarded as the rights
of his client, his colleagues, and himself.
Mr.. Biddle lost no time to declare his
entire coincidence in opinion with his
colleague, and his disregard of the
threats held forth by the Judge. He
thanked God that Judges could be tried
as well as Attorneys he believed the
Court trembled while it threatened,
and he thought such conduct only caIcu-
lated to excite laughter.
So considerable a sensation amt so
much confusion were manifested at this
time, that we find much difficulty in as
certaining with any tolerable accuracy
what passed.
Quiet being restored associate Judge
Ferguson said that the proceedings Of
the counsel for the prisoner we're an in
suit TO the dignity of the Court that they
not only had resorted to every subter-
fuge to rescue the prisoner from justice,
but that to this they added insult to the
Court Judge HalIowell remarked that
he wished the trial of the prisoner TO
progress, and that at more convenient |
season he would give full consideration
to the conduct of the counsel, aud the
Court would take such order as its Dig
nifty should require, and as should be
thought necessary to secure due adj
ministration of law. Thus ended this
very unpleasant alteration, at that time.
The trial progressed and was concluded.
About half past 3 O'Clock the next day,
Wednesday, May 9th, the Court being as
sembled and the room much crowded,