The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-12-01

THs TRIAL OF ALEXANDER IN PHILADELPHIA FOR
THE MURDER OF LouGEE. -On,Tuesday, the Jury in
this case was empanelled. and the following men
, were sworn on it -
Joseph Kerr, James NJ. Moore, VIM C. Paterson, s. r.
Kreamer, George Dannaker John Banks, (ths gentleman
Of the jurors who convicted McEwen and Shee)
VIM. Z, Tstem, John O. Mench, Lewis Poppa Charles
Shaw. Arthur Bradis Charles D. Lybrand
After the Jury were sworn they were allowed to
go TO their homes for the night, and the Court ad-
journed until Wednesday.
When the first Jurors name was called, Ovid F.
Johnson asked the following question:
Have you any Conscientious scruples against finding
verdict the consequence Of which, according the laws
Of Pennsylvana, would be death"
tons to the propositions He conended that the juror
should be first challenged for cause without proposing
either the acts or question Of the Attorney General In
support of his position, he cited several authorities
more particularly the case of the United States against
Aaron Burr.
Mr. JOHNSON briefly replied support Of his former po.
sition
Mr. Dallas in support of the Defence referred to the
decision Judge Baldwin in the the United States
Wilson and Porter for robbery of the United States
Mail He suggested that the Commonwealth should first
or cause and then set aside until the regular
Ms JOHNSON insisted that in conformity the usual
practice in such the juror should be
as ne enters the box and the questions relative to
scentoIs scruple and bas against the prisoner
should be propsunded. The learned gentleman at the
same time gave assurance that the Common ealth would
not challenge without good and sufficient pro.
posed likewise that when such did exist the juror
should De called upon TO explain.
Mr. REED on behalf Of the defence, admitted with the
Attorney such had been the former practice
but thought he prepared show that such
were not correct or in conformity to law The learned
gentleman protested against the principles advanced,
which he conceived was violation against the right OF
secrey Of conscience and could be Justly sustained
The Hon JOHN PORE followed in similar strain, and
with the utmost energy and protested against
science Even the British Crown the learned gentleman
commended would not dare propose such of
right OF conscience opposed to the genius of the
Constitution of the United sates-of the Constitution
the several Satesas well as antagonstcal to the Bill of
Rights The gentleman went to say that he had adopt
ed the rule of his official practice to
support principle counsel that he would b. ashamed
to acknowledge citizen. He concluded by observing,
that IN ms opinion and practice appeal in most cases.
especially those of homicide to the common of the
jurors in lieu of legal entanglements in
formity with reason and justice.
Mr. JOHNSON responded in support Of his original
ton.
He was followed by Mr. Dallas for the defence, who
General.
Judge BARTON decided that the case of Lesher left the
question before this Court untouched He also ad
verted the practice in the administration Justice He
appeared to think that would be meckery of both law
ana justice oy permitting man to sit upon case when
his conscientious scruples would prevent his finding
verdict He concluded his decision by stating that the
question could be asked.
The Court then took recess. In the afternoon
twelve juror, above named were sworn. The
not to be on the Jury
To show the state of feeling that exists we may
state that Sampson Tams on being questioned as
to whether he had formed an opinion in relation TO
the prisoner, said that he had and that it was ia
vorabe to the prisoner.
o. We have waited until two o'clock for the
southern mail, to get the testimony in the above
case, at which time it had not arrived.
FROM CANADA.-A rumor reached this city that
the Governor General of Canada was dead, Ths
we are very happy to learn is not the case. Sir
Charles Bagot was taken seriously i'll with an affec
ton OF the heart, but at the last accounts was get
ting better
Sir Charles government is any thing but popular,
and though Mr.. E. G. Wakefield gained his election
by 700 votes Mr.. Baldwin, member of the govern
ment, has been defeated in two places for which he
tried to get returned
There has been an earthquake felt at Three Ri
vers, u. c.
The coast from Canso to Pctou, Nova Scotia, is
strewed with wrecks.
One hundred new buildings have lately been erec-
ted in Charlotte Town, Nova Scotia The trade of
the port is stated also to be rapidly on the increase
Nearly two hundred vessels entered during the last
quarter, including the dulest portion of the business
season.
H M surveying steamer Columbia has arrived
safe at st. Andrews.
large quantity of tea, tobacco and shoes were
seized at St Johns, N. B., last Tuesday They were
imported IN tlerces of rice from Boston
Upwards OF eight thousand pounds have been SUBJ
scribed for the foundation of Colonial Bishoprics,
in obedience to the call of the Bishop of London.
MONTREAL, Nov 9th.-The shock of an earth.
quake was felt in this city on Monday morning. be-
tween the hours of 8 and g. The shock was very
Percept'bIe, and resembled the heavy rolling Of ar.
tlllery 1t was also experienced at Lachine, Three
Rivers, and other paces.-C0urter.
New Brunswick The last" New Brunswicker''
-"We understand, upon the best authority.
that the House Of Assembly will be dissolved early
next month, and that the new House will meet to.
wards the end of January, tor the dispatch Of bust
ness"
LATER FROM FLoRIDA.-The United States steam.
er Colonel Harvey, Captain Pearson, arrived at Sa-
vannah on the 2lst instant from Piatka. General
Worth had arrived at Tampa Bay, and all remained
quiet there; party of Creeks had come in at
portion OF the tribe now remaining out. The re-
mainder of the Creeks had also promised to come
IN soon, and were daily expected. Though many
ever end, we think the gollant general now in CONS
mand will have the honor of finally closing it.
STORM YEsrERpAY.-A severe snow and rain storm
set in yesterday morning about 10 o'clock Snow
fell till 7o'clock in the evening, when it turned to
rain, and the wind began to blow with great vio-
lence from the northeast. All the mails will be
Knocked in cooked hat. The steamer for Boston
with the letters to 60 by the Acadia, which leaves
Boston to-day for Liverpool, was probably compel
ledto put into port, and the steamers due here
this morning undoubtedly did not start There must
have been good deal of suffering all night on the
coast, and gooddeal of distress among the poor in
the city. The winter has begun in good earnest.
II bids fair to be a severe one.