The New York herald., 1844-11-29

him. produced hr Phelps as witness TO prove tnat
Lsk had declared himself biased in favor OF the accused
The defence beced the admiss sbiliy Of MIR Phelps
evidence who called to tssy to conversation AZ
which Lk present, and in which he made use of
lang m regard to the of Mrs Bodne tending to
show that his mind not in an impartial state Inc
therefore examined He recolected the conversation
with Mr. Lisk and understood him to say that from al
does not recoect that he said any thing on the ABSTRACT
question OF her guilt or innocence remembers Mr. Lisk
said something IN justification Of Mr. Decker the juror
VINO refused 70 JOIN IN the verdict against the prisoner
Mr. RicHARDs called as witness AM swora-Had
conversation with Mr. Lsk after the last trial the
subject on which occasion he isk) said thar he goried
there was one man on Staten Island who would not take
life.
this testimony extran and should not be allow
ed The Court held the objection good.
Counsel on both sides entered into long argument
upon the admissibilty Of Decker The Court charged
and explained the law bearing upon the case and read
his OF the evidence for tRe information ofthe yers
The challenge Of the prosecution was sustained and
Il Lisk set aside.
The Court then Qour oclock took hours for
dinner.
BEsJ.Mrs DEcKER was the assembling Of the
Court called juror. challenged for principal cause
and sworn.-Has been neither Of the grand jufies
which found the indictment against Mrs. Bodine is
qualified sy p property to serve as Jurors is cousin to the
sTEPHEN sEeuNE challenged and swornIs related to
the deceased Mrs Houseman has formed and expressed
opinion to the guilt Of the prisoner Set aside.
WILLIAM DRAKE challenged and sworn-Has formed.
but not expressed an opinion as to the prisoner Bet
aside.
JOHN L. RoBERrsoy challenged and sworn.Can write,
has no taxable property is adopted citizen ard has
been nauraized has not been on either OF the Grand
Juries which found indictments against Mrs Bodine has
no personal property that ~ taxabe has got 26O doars
Of property but not and above his deots
disagreement as TO the meaning oil the statute con-
tanning definition of the quafcation occupied the at
tentoD and called forth lavish expenditure OF the elo
qnence Of tho pieaders the challenge was at last al
lowed, and Drake set aside.
NICHOLAS VANDyKE challenged and sworn.-Set aside
for having expressed an opinion.
GEORGE B. DAVIS challenged and sworn.-Has formed
nor expressed no opinion has both heard and read ac
counts OF the transactions which form the basis Of the n
dcimen,s the newspaper OF the last trial.
formed no opinion amounting TO decision made no inn
on ms mind or uniavoraDie 70 the pr
he did cannot recollect what he said has no bias
his mnd for or against the prisoners read ne account
charging the prisoner with murder is in way related
to the family Of Mr.. Van Pelt
The following questions were put by counsel for de-
fence, but overruled by the bench:-
Did you express any opinion that the jury that tried
the prisoner before should have convicted Did
ever say that the jury from the evidence should have
rscter Set aside. 80 'A' 'f''''''
Moses Decker, challenged for favor and examined-Is
$3.50 worth Of real estate and twice that's has
at no former tria resides at Norhed has
prisoner; what he heard made an Impression as to the
prisoners has formed and expressed opinion to the
guilt or innocence the accused Set aside by mutual
consent.
EDWARD P. BARTON of southfeld, challenged and ex-
amined-IIas been jury before which the subject
matter Of the indictment has aren worth over $3.50 in
propery not rclated by msrriage or otherwise to
either the pares has both read and heard accounts Of
we'd impression from any favorable unavor
able prisoners has both formed and expressed opn
ion upon her guilt or innocence.
JOSEPH II. sEcuINx-- challenged by defendant Knows
no reason to prevent him from serving juror is rela
cond cousins has been jury this cases has form
ed no opinion as to the guilt innocence OF the prisO
ner. Challenge was here withdrawn by Defence and re-
Eramined-Has conscientious scruples against con
victing prisoner in capital Sworn as juror.
WILLIAM H. RATTAN examined and challenged both
expressed and formed opinion upon the they
formed from facts he heard in court Set aside
RICHARD BLAKE called and sworn-Ha as been member
Of no jury in this is related by marriage to Mrs.
Bodines husband his wite's father being cousin to her
husband has children but his wife Is dead Mr. Bodine
is dead has formed opinion and expressed TO the
guilt ornnocence Of the prisoner. Set aside.
~ NJ on e not
lated to Mrs Bodne is worth $3.50 beyond his debts but
has not paid has formed an opinion to the
JOHN w. Woop challenged and sworn.--Has never been
member of jury before which this case has been in
vestigated is relation TO Mrs Bodine has both form
ed and expressed an opinion upon the guilt OF the prison
er Set aside.
in real property ia not related to the accused has heard
and read OF accounts Of transactions in this has
formed impression to guilt innocence OF prisoner
has expressed it. Set aside.
JACOB q. WINANs called Set aside because of being
on the grand jury.
JoHS VAN scHAIck sworn-Is al oysterman; is
worth than 200 dollars has formed no opinion
as to the prisoners guilt or innocence thinks he
impressions thererom favorable uniavorable TO the
prisoners is not on terms of intimacy with the Van Pet
tryers He was then challenged peremptorlly by pro
secution, and set aside.
Isaac WINANr sworn-set aside for expression Of OPT
MON.
JOSEPH EGBKnr challenged and sworn-Has formed an
opinion, ana is set aside
DANIEL SHARRoT sworn and challenged-Is butcher;
is related by marriage blood to Mrs Bodine has
not been member OF any jury which sat this case
innocence OF the accused has heard people talk OF i'll
hut did not read the newspaper reports was
prisoner committed murder justice ought to take place
could not see whether she was guilty or innocent has
said that was she who did the murder, or knew who
did it.
C,oss.eramined by MIR. WHrrNa.--From what he heard
thought she wus guilty IN part but could not make up
make his mind to what he would do has said that
she had hand in the murder but did not do it alone
formed his impressions from the current stories, great
prove prove false thought she knew something about it, pro-
vided what heard was true Set aside.
RoBERr M HAxArp sworn.-Is not related to any Of
the parties has formed and expressed opinion the
PsNER ArpKouErH sworn.-Is not related to either
party has formed and expressed an opinion as to the
JAMES ToLANp sworn-Is not related to the parties
has formed no opinion on the case neither heard nor
read any accounts Of the transaction has lived on the
island all his life has neard people talk Of has no i'm
preston on his mind as 10 the accused Challenge not
allowed. Peremptorily challenged and set eside.
TIMOTHY BooART sworn and set aside for expression OF
an opinion.
GILBERT A. Cole ditto.
CORNELIUS LAFoRGE SWOrn-daS not Oeen on any jury
in the case related by marriage blood TO Mrs
Bodine has heard and read accounts Of this case has
formed and expressed an opinion. Set aside.
ISAAC FROST lis not related TO Mrs Bodne has
been any jury upon the has formed opin
ion unavorable te the prisoner Set aside
JOHN c. GARRLrTsoN sworn-Is not related to Mrs Bo
dine; member Of no jury this case; has form
ed and expressed opinion to the guilt innocence
OF the prisoner. Set aside.
JOHN BiRp sworn-Is a native Of the Island is net re-
lated to prisoner; served Juror before; has
expressed opinion. Set aside.
OIIN p
canse
DANIEL MooRE formed an opinion and is set asde
WIN. BEATTY do.
JosrPH VAN CLIrF examined Set aside for
son
JAcoB SroREn examined and set aside for
w. WiNAyT sworn and set aside for forming opin
ion.