New-York tribune., 1841-10-06


Iosm, A. SPENCER Of U.ic.. A. c. BE- DIZZY and IL
GAxoxra of'Lockpoft, Counsel Tor ih- Pfisone-
THE Corr havi.g beea opened By Proclamation Mr.
,Voop roycd sn attachment against Theodore stone OF
The County Of Niagara ei.acss regullrly SUMMONED on
betalfof the People, bat who had refused obedience-
Grated
A, 10 o'clock, a. NJ. the P isoner entered the
Court room aad toos his seat at the bar. The
prosecution having already indicated rs readinass
Justice Grdley inquired q" Mr. Spencer, is the de-
fence ready"
Wr. s. We are ready The Judge ordered
jury to be ernpanee,l, and the Clerk proceeded
10 call
CHARLES O. CURTIS The Clerk proceeded to
swear INN when the Attorney General challenged
Cosn. The Attorney General will proceed to
ask his questions
lfr. HaN. Have you for ned any opinion re-
specting the guilt or innocence Of the Prisoner
C',rfis | nave not.
Mr.. Hall. Have YOU any conscicntiou, scruples
against giving verdict whereof the penalty shall
edeath2
Curtis. have not.
Mir. HoN propose one other question, with
the permission of the Court. Is 1t your opinion
,hat, from considerations of public policy, the
Prisoner ought to be exempted from punishment
in this case, even if he were concerned IN the
offence charged!
Mr.. Curtis was proceeding TO answer this ques'
tion negatively, when the Court interposcd an
opinion that the prisoners former answers covered
all the legal ground of objection.
Mr.. Curtis was sworn. Likewise EDNUTD
ALLEN aud JoHN Morr, after similar inquiries.
JosEPH CALDWELL was next called. In
answer ta Mr.. Halls second question, he avowed
that he had conscientious scruples which would
prevent his agreeing verdict of Guilty when
Death would be its leualty.
Mr. Hall The Juror will stand aside
Justice Gri9lcy. Wait moment. Here he re
peated the question, and received sui more post
tive answer. Justice G.. The Juror will stand
aside but | must remark that 1t Is no part OF
Jurors business TO decide the peicy or rishttu!
ness of the laws of the land
ASHLEY SILL called. Challenged percmptorily
by the prisoner.
E1lJAm BRusH. Inonswcring Mr.. Halls second
question, Mir. Brush bcsita,ed. Justice g. The
question is proper one if properly understood.
a Juror may feel painea to give a verdict OF
shoud u,- 49,, y, ivrftuS> mum rendering
a true verdict, he Is no, thereby rendered incon-
peep"
pacltatcu ana WIS sWori
Royal RorDISs, called. Challenged Pcremp
lorily by The Prisoner.
RoswyLL T. Eastman. called. He declared
himself unyveil. Excused.
IRA BYlsGToS. called and examine Sworn.
WILLIAM CARPENTER, called. ENnminrd and
sworn
joins SWAN, Jr. DID not answer
EDWARD Scori!r, called. Declared himscl!
opposed to capital punishment. As8ge That
question docs not come before lie Jury. He may
US well stand aside, however. for the present.
IuTHER SHErARp, cul!ed. Challenged pcremp-
lorily by the prisoner.
lsAIkn rHunnER, called Il averse to Capital
Punishment, bui would not therefore refuse to give
verdict according 10 the evidence.
.Mr He'll. The Juror will stand aside for the
present.
.J,1stice q. On wha, grounds
Ar. Hall | believe the prosecution has n com
mon law right to demand that Juror stand aside
iill the panel be completed know the prosecu-
ton has This modified right of challenge. though
not Il peremptory The Juror will only stand
aside till the panel is exhausted, when. if tins l
ror is required, the prosecution must shew cause
Tor o5jccting to him.
Justice g. Is the motion objected to
Mr. Spencer. Certainly. The proposition is
most extraordinary If il be sustained. the prose-
six of the fcrty-esht Jurors, while the prisoner
can only challenge twenty. 1t is in effect pc
remptory challenge.
Justice Grialey. The proposition is certainly
novel one. The Court is open TO arguR1ent on the
point
lIr. Hall read decision Of Mr.. Justice Bald
win sustaining this right in the t. ;. Circuit Court
in the case of the Jaited States Porter Gnd
WILSON, [raail robbers l. Badwin's Reports p
535 in which il is declared 20 be reasonable
right, and founded upox the Common Law.
Dir Spencer The practice OF this State is
known and SeNed in opposition to this claim.
have bees twenty years ut the bar Of this State
and have never known challenge without cause
allowed 10 the prosecutor in criminal case The
statutes are also against it, MIR. Spencer read
the sections OF the Revised Statutes in relation 10
challenges of jurors.
Mr. Hall The case have cited Is BY no
means singular Justice Baldwin declared no be
established bv decision Of Chief Justice Mar
shall. The learned counsel crrs in considering
this challenge. Il is privilege accorded 10 the
prosecution by common law ever since the right
Of peremptory challenge was taken from the
Grown by the act of Edward l.
Jnstice Gridley reviewed the arguments of the
Counsel. and decided tha; the Common, Law right
so far as it may have existed. is ,renched upon ana
taken away by orr Statutes, which prescribe thai
the frs, twelve Jsrors not peremPtorily challenged
by the Prisoner, and to whom no legal o5jectioa l.
found shall constitute the Jury. laecde that ih''
Prosecution has not the right claimed. The Juror
will be sworR.
.Nr Hat in order that the decision may be
subject TO review, took an exception. Noted
Mr.. Hall proceeded 10 a close examination Of
the juror within the laits marked out by the
Court, but without raising an objection. Sworn.
HENRY ADDJSGroN, called. In answer to the
A...-as.. C.ennrnls nr.s.,... ~. ..-..l