The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-11-24
by EXPRESS.
Trial OF Sullivan, McCleester, and Kcnsett-
Ned spraGue Indicted for Granddaughter.


Lockwood and Vark, upon the bench.
Attorney General Barker, and VIM. Nelson, Dis
| trct Attorney, on the part of the people.
AT the opening of the Court, the district ATroR
NEY stated, that as another Indictment had been
found by the Court of Oyer and Terminer, against
the persons charged with being present at the prize
| fight at Hastings, the 18th September, he should
move that nole pros,qui be entered on the indict
ments found against the same persons at the Court
of Sessions, held at Bedford, in the latter part of the
| same month.
Charles Riley Joseph Somerdyke, Joseph Muir
ply and Hugh Caiwell, were then arraiened on the
new indictment, and entered plea ot guilty.
| Riley stated that he had not employed counsel,
tor the reason that he had nothing to do with the
business.
Somerdyke also stated that he had counsel;
and the Court requested Salem butcher, Esq, to
take of the rights of these two defendants.
The names of witnesses were then called, and
the DISTRICT ATTORNEY stated that by an arrange
ment with counsel of prisoners, he had concluded to
proceed 10 try James Sullivan, John McCleester,
and George kensett.
VIM. M Price, Esq, appeared for Sullivan, Da,
Sid ahsm' Es9 for Mcclees Is;, and Gen Ward
ed also assistant counsel for the three prisoners
Sullivan Kensett and McCleester, have just
tered the court room, which is crowded TO excess,
and aiken their seats on the prisoners bench, and
entered plea Of not guilty to the new indictment
found against them.
The Court ordered that jury should be empan
neled, and the Clerk proceeded to call as fol-
lows:-
David Oakley, challenged.
Brundage Tompklns, do
Attorney General BARKER here rose, and stated
that defendants not entitled to but per.
emptory challenge in the panel, but they could cha
hinge for cause or favor
Messrs PRICE and GRAHAM contended that each
of the prisoners was entitled to the number of
perempory challenges as if tried separate and there
or he "a her allowed wOud he IVtv
the first count OF the indictment charging man.
slaughter.
The COURT decided, that as the prisoners had
elected 10 be tried together, they could not be
titled to but twenty peremptory challenges but if
tried separately each one would be entitled to the
same number
The counsel for defence took exceptions to the
decision of the Court, which was noted by Judge
Ruggles.
The Clerk then proceeded to call -
Edward N Bibby, of Yonkers, challenged as be-
ing on the Grand Jury at Bedford that found the
first bill-set aside
Alexander Ennis, of New Rochelle, called and
sworn
Isaac Trip, of North Castle, called and sworn as
witness to answer whether he had formed or ex-
pressed an opinion relative to the guilt OF innocence
of accused.
Answer-I have said that thought that all such
things ought to b. put stop to. have read
count OF the fight In the papers, and gave my oIln
ION from that.
The COURT thought that the juror had not express
ed any positive opinion as to the guilt or innocence
OF the defendants.
He was ordered to stand aside By asrem Dry
challenge.
John Miller, of North Castle, called and sv
isaac Lefurgy, of Greenburgh, called au4 as
expressed an Oplnion-set aside.
John Bolen, of Westminster, called and sworn.
Benjamin Lent, OF Greenburgh, called and sworn
for cause; has expressed an opinion-set aside.
Henry Slynard, of Somers, called and sworn for
cause; said he had not formed expressed an OPT
nIo fOrIIv cballa nUado I'D do
John Hitchcock, OF We. leicester, sworn for
cause, and had expressed an opinion from what he
heard, that it illegal thing, and ought to be
stopped.
Quite an argument ensued, in which it was con-
tended by defence that the expression of an opinion
by Juror that the prize fight was unfa wful, was
sufficient to produce challenge for cause, and by
prosecution that such opinion must apply positively
TO the parties on trial
The Court decided that the objection to the juror
WAS hardly sufficient to sustain challenge for
cause, but finally concluded that he should be set
aside.
Thomas Beekman, of Eastcheser, called and
sworn.
Benedict Carpenter, Of Scarsdale, Quaker,
here ensued relative to the right of challenge,
and when concluded, the Juror was affirmed, and
stated that he had formed opinion 10 the
guilt or innocence OF one of the detendants-set
aside.
Myron B. Silkman carpenter, of Bedford, was
called and sworn.
Alexander Brown, of Cortlandt, was challenged
for cause and stated that he had read the coropers
inquest, and believed it was true; he had therefore
formed an opinion, and was set aside.
Hiram Seacord, of New Rochelle, was chal-
lenged for cause and set ASIDE
The Grand Jury here came into Court, presented
several bills, and were discharged
One OF the bills is against Ned or Edward Sprasue
70, ,or mansIaughteT in being an active PARTICIPANT at
will therefore be on the look out for him '''' city
elias Smith, of North Salem, called-had ex-
pressed an opinion-set aside.
James P. Turk, Of North Salem, called. and
challenged for cause. have expressed an opinion
that such things ought to be put stop to. Peremp-
tory challenged-set aside.
Noah Smith, of Bedford, challenged for cause.
He said that from the fact that prisoners be-
fore him, he might have formed an opinion. Chal-
lenged peremptorily-set aside.
Holly Newman, of Mount Pleasant, was called,
and sworn juror, he having stated that he had
not expressed an opinion.
Coles Carpenter, Quaker, OF Greenburgh, had
expressed an oplnlOn-set aside.
David Purdy, Of White Plains, had also-set
aside
John w. Hoag, OF Yorktown, was peremptorily
challenged-set aside.
VIM. Lawrence, Of Marmaroneck, peremptorily
David w. Knapp, of Yorktown, peremptorily
Joseph Q. Keller, Of North Castle, peremptorily
Samuel L. Holmes was set aside for cause
Joseph Schureman, of New Rochelle had ex
pressed an opinion, and was peremptorily chal-
lenged.
Munson Perry, of Somers, was sworn.
Jacob Carpenter of New Castle, was peremp-
tory challenged, and set aside
Winthrop y. Hoag, farmer, of New Castle, was
sworn
Allen Brundage, farmer, of North Castle, was
sworn.
John Bashford, of Yonkers, tavernkeeper, was
challenged by the Attorney General for cause, and
had expressed an opinion-set aside.
John Young, farmer, OF New Castle, challenged
peremptorily, and set aside.
George Norton, merchant, of Somers, was sworn
Leonard Smith, of Yorktown, was challenged
peremptorily-set aside.
John Pugsley, of Yorktown, was served ditto.
Joseph Halsted, of Harrison, farmer, was sworn