New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1842-01-20


;irely dirieren. from that spoken OF By The deten
dsnts counsel ne also re,d from the status sec
tons direcia. the method .; Organizing the Jury;
ard said thar the practice It this Ceart mad been.
wacE less than twenty-tour answered. TO their
names from the origina! panel, the Court should
summon sufficient number from which 10 choose
q Jury. H. adver;ed 70 the case OF Ezra Nhl,e,
IN which precisely similar mode hsc been fol-
owed without objection. he quoted various sec
tons OF the Revised Statutes sustaining his view OF
the qeeston,=and directing that when the new
panel Shall be in attendance in the Circuls Court,
the old panel shall be discharged There was 10
statute cIrectis- the sheriff 20 give 10 The decn-
Gant thu names Of those suulrl-ncd taleSren;
and the case was BY no means without precedent.
If the prisoners counsel had this objection TO -tier
it should have been done when the eyder was
made :. and moreover they might have gone into
the sheriff Office and been present a. the seIcc-
I ton made The statute, he maintained, has been
COMPLETELY complied Nith in this case He asked,
ai:o when this trial would be gone on with 1.-THE
Court were only to order twcnty.teuc tacsnen al
a time and allow in each time not Only to as
certain the occupation &c. OF the summoned. bur
also the character of their hearts, was said BY
the opposite party 1t could nersr be completed.
He acknowledged that great publicity had been
given TO this case but this only mstortune OF
the prisoner and not the fault of the pablo. II :
submitted that ii the course OF the defendant :
COUNSEL sh,uid be followed 1t would be impossible
10 bring The case 10 trial within the limits ot the
term. Civ. me a man worth half million, sad
he, and give bis counsel a chance 10 make The
inquiries Intended bv the COUNSEL and might de
f. Won to convict him. The jurors were to stand
las unbiased in behalf of the people as in that OF
II ospI hp [ a
reflected upon the subject and that if the obJectioA
had been made the proper time the motion
might have been granted; but as it was, be ap-
pretended the triaI would be ordered to 60 on.
Ii might BIZ necessary, he said, that the rss'Ts IN
this case should be changtd but the prisoner
was not at present entitled to any delay. He had
no personal objection TO postponement but II tue
case was 10 be tried the selection OF q jury must
go on.
Mr.. SELpEs, in reply, contended that in every
case the prisoner had the ishs to Inspect the pa
mel. and went on at some length to answer the re-
marks OF the District Attorney, and IN rcieratlon
OF his former statements. In the rightto challenge,
be r.anained, was involved the right to be availu-
ed OF all The means Of challenging, and 1t was as
much the right OF the challenger TO call testimony
as 10 ask the Juror whether he was indifferent or
not He repealed the ins!nuations that the client ;
counsel had been remiss and said that he wa. al
armed at tie statement OF The Pubic PROSECUTOR
that the Jury could be corrupted by money, and
said that if this was true his client stood bu. poor
chance The prisoner, since MS arrest, had been
de prived of every copper, and. ne was not sur
rounded BY wealth or any OF the appliances o.
money: the family were poor they mad Sont
down in the disasters of the times and we're now
unable TO visit the prisoner who was attended solel.
By brother who might be said to be dependen
upon counsel Tor the means OF carrying the trial
He trusted for the safety OF his client that the sus
-estisn of the Public Prosecutor utterly IN
founded Ii the panel had been drawn as was sug
gested by the District Attorney, there might De
another violation of the law they were entitled 10
the sceclion-lo the judgement OF the Sheriff ana
were not TO have the jurors aralcn tremthe couhty
jury box.
The District Attorney said he used The word Sc
iected and not drawn.
Mr. Selden went on to say that, assuming that
the Sheriff had properly performed his duty in this
respect, he might state by affidavit, il necessary
that they had applied at the Sheriff, office, but
had not been able TO obtain the panel until last
night He did moreover suggest on Monday, when
the order was made that another day should be
granted although he did not urge it. lne.delend-
ants counsel did notask that only twenty -four
should be summoned Under the present circum-
stances of the case they were willing TO have 4
larger number; but as it stood they had no oppor,
. tuni,y TO scrutiniLe the panel Inc argument OF
the prosecution, he said, was an argument against
| The whole right Of challenge; and the Court were
either obliged TO cut off the right OF Challenge, or
allow them power to scrutinze the panel OF 30O
: Had the pasel been limited TO tweniy-tour, hr
would not have asked the delay of single moment
If the case of Waite was intended TO become pre-
! cedent il was time that II was stopped, ior IL leo
: TO direct violation OF the statute Inat case
+ however was one where there had been previous
g trial-ouire different from the present case; to1
/ from all that appears, a jury might have been EN-
; paneled from the nineteen VINO ifst answered.
!. The Court therefore, he maintained were drtren
> for the defendant asked no fayor-,o secure &c
him the light Of challenge The spirit OF the rule
he said, was that the first tales never should be 50
large as 10 preclude scrutiny, and that all succeed
in-t,les should be !ess than the FIRST unless the
. first should De SET aside If necessary, would be
reduced 10 affidavit that due diligence mad beer
used TO procure the panel, and that i was not I'll
: 10 clock this morning that the complete pane
t was obtained.
TIE cosgr said, that for the Court itself, nj:
statement wa. sufficient, ii ne wished 70 secure
the right Of bis client, however il must Dc reduced
: 10 affidavit.
After soc1e consultation,
; The CORR decided that this trial must proceed
\ and went on TO explain the grounds Of this deci
r sion. The provisions OF the statute were teat
; directing the sunraoas, and Judge Kent SAID TIA
. Inc practice had been heretofore such IS was noH
! contemplated and he considered il necessary il
:. order 10 secure Inc administration of justice h
II case Of Ezra White, in point, although Their
mad been previous trial for the fact Of notoriet
: was the main consideration. He sad that tn
Couy, would do al that patience could do 20 'ecur
9 ;srv. and that in order 70 do this the large nun