The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-10-07

ID
challenged by the prisoners counsel, hr Hall s.ksd
| him several questions, a. follow
M Hal-Hase you formed o. expressed any epin.
ion as 10 the guilt % innocsnee Of tho pf'sonFrl
Wiin0s-Ihsse not.
~ Hau-Hs,. YOU any conscientious seruples
as 10 finding verdict Ia case involving his AL
| DEATH
| UTtnsss-I have not.
| Mr. Hall then proceeded 10 ash the wiine,s ques
lion relative 10 his views Of the public policy inso,~
| in the case-to which the witness readily answered
Thai his only view and sh that justice shaud b.
done between the prisoner and the people, nothing
more.
yeher beyond the pale Of necessity % rrgulafhy
| the challenging Of jurors and MIR Hall withdrew
| IT, Mr. Curtis was then sworn a. a juror, and iVok
his seat
Edmund Allen, Of Augusta, was neat called
the two first nerroga tores above stated pro-
pounded TO him by Mr.. Hall he answered both IN
| the negative, and was sworn
John Mott Of SangeTield a leading IN the
county, very intelligent and influential, next
called questioned 10 his freedom Of bias, Sc, aud
sworn.
Joseph Caldwell, OF Whiiestown, was next called
but owing 10 scrupes against the taking
of human life under the law, lie objected by the
court 10 stand aside.
Ashley Hill of kirkland, was next called, but was
peremptorily challenged by the prisoners counsel
Elisha Brush, OF Rome, was next called, questioned
by Mr.. Hall and sworn.
Royal Robbins, of Maray called, and challenged
peremptorIly by prisoners counsel.
Roswell r. Eastman, Of PARIS, excused account
Of illness.
Ira Byinpton, of Camden interrogatcd and sworn
William Carpenter, Of Whestown, the same.
Edward Scovel, of Paris, called, but yolun-
tary stated that he doubted the public policy OF con
victing the prisoner.
Judge Gridey replied that that did excuse, CT OBJ
lection did not come within the rule, but the juror
nigh stand aside for the present.
Luther Shepard, Of Verona, called, and perempto-
rily challenged by prisoners counsel.
Isaiah Thurber Of Utica, called, Intercepted and
answered in the negative
Mr. Hall asked the court to allow the juror to stand
aside for the present, and not swear him till the panel
had been exhausted He did not ask this account
Of any objection the replies OF the juror but he
claimed il ms a right Of the prosecution 10 proceed
through the calendar before the completion Of the
jury
Mr.. Spencer objected to any such proceeding. He
had ever heard any such right claimed for the prose
cution Ii would give the prosecution an undue adj
vantage the defendant nasmuch as il would ylr-
ually give the prosecution the benefit of thirty six
perempory challenges, while the defence would be H.
mited to twenty He Mr.. Spencer) had been in
tive practice in the Courts of this State but had
before heard of any such right the part Of the
prosecution that claimed by the learned District At
torney
Mr.. Hall in support of the right he claimed, quoted
from Gritty decision Of Judge Baldwin, of Penn
sylvania, admitting the right under the English
mon law though Judge Baldwin admitted that he
had never known its previous practice in the United
States.
An argument Of considerable length ensued, and
Judge Grdley decided against the possession of such
a right the part of the prosecution and he ordered
Mr. Thurber to be sworn, which was done
Henry Addington, OF Paris, excused on account Of
religious scruples
Peter Sleght of Westmoreand, sworn
Henry Hayter, of Kirkland, peremptorily challeng-
ed ty prisoners counsel.
Daniel futile, of Boonvie, the same.
Asher Allen, of Augusta accepted and sworn.
Seymour Carrier, of Steuben, the same.
Thomas Noonan, of AnnsvilIe, peremptorily chal
lenged by prisoners counsel
Joseph Davis of Remsen, the same
Joseph Seymour, of Western, the same
Eseck Allen, of Floyd, accepted and sworn
Stephen Northrup of Marcy, excused on account
Of i'll health.
Levi Yale of Augusta, peremptorily challenged BY
Volney Elliott, of Kirkland accepted and sworn
This completed the jury, which, sworn, CON
stituted as follows:
Charles o. Curtis, of Paris.
Edmund Allen, of Augusta.
John Mott, of Sangerfeld.
Elisha Brush, of Rome.
Ira Byingfon, of Camden.
William Carpenter, of Kirkland
Isaiah Thurber, of Utica
Peter Sleigh of Westmoreland
Asher Allen, Of Augusta.
Seymour Carrier of Steuben
Eseck Allen, of Floyd.
The residue Of the petit Jurors were discharged til
O'Clock on Friday next.
Mr.. Hail. Attorney General then proceeded TO open
the case for the prosecution He commenced by ex
pressing briefly but feengIy, the decacy of his sua
ton and the duty which had now devolved upon him
and the jury. He next reverted to the great excite
ment which peryaded the public mind, from one ex-
tremty Of the Union to the other relation to the
important trial upon which they had now entered
and the evidence of which before the ewes of the
jury, in the living which thronged and sur
rounded the Courthouse. To this excitement il was
the duty of the jury and himself close their eyes 10
know It not, and to eschew its influence.
Their duty was plain Ii TO solicit the truth
to be governed by truth alone and to keep their minds
and their judgments free from all extraneous inuen-
ces, prejudices or fears. Truth his only pursuit
and IT, from an innate weakness, he fell short of the
full performance of his duty he prayed the Jury TO re-
double their own vigilance, and solicit truth through
the channels presented to them in all cases in which
he might be deemed remiss
Mr.. Hall then read to the jury the greater part Of
the indictment found against the prisoner at the MIN
CARA Circuit, for the shooting and killing of Amos
Durfec, on the Both December, 1887. There were a
great number of counts in the Indictment some charr-
ing the murder 10 have been done with n pun-some
with pstol-some charging the murder upon the uri-
soner, and others upon sundry other individuals named
and unknown, the prisoner being present and al,nr
and assisting therein. la these several counts wcrc
included every species of murder or killing known 10
the statutes and those Mr.. Hall briefly g ,nced over
to the jury.
To sustain this indictment, Mr. Hall stated il
would be proved before the jury that on or about the
2oth december, 1887 the steamboat Caroline boa,
OF some 80 or 40 tons burthen left Buffalo for Scblos
ser The boat was manned by citizens of the United
States, was duly enrolled at the Custom House and
was licensed to run between Buffalo and Schlosser
Az that time band of Canadian insurgents three
or four hundred in number. had taken nossesson ~
Navy Island, and held it in the name Of the British
Government A great effort also making al the
same tme to enlist the feelings of our own citizens
hIs sle aft hal ,,as ,... A.. l.Ir