The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-11-28
Court or Over ana Terminer.


RrcHMosp, Tuesday afternoon. 81 o'clock.
The Grand Jury were cal ed in, and having no busi-
before them were discharged long interval sue.
Jurors which took place about halt past o.
clock Another long delay ensued from the preparation
81 the list aud arraDg for balloting Tor jury
Counsel defence cited to the return TO the writ Of
the court reserved the point for future
They also the Court SHOULD stay proceed
ngs until next day that time might had scrutnze
tho Of the Jurors returned, alleging thatN was
but justice their client TO see who and what were the
quafc those persons summoned on short notice
and appearing court for the first time by candlenght
1t being the opinion OF the bench that although the in
~ the case Of the prisoner they granted
the application of the defence, and adjourned ut O'Clock
sn next % Thus ns two d,s hSw
many more may be expended to as little purpose.
WEDNESDAY MORNING, o'clock.
AZ nine o'clock this morning the judges TOOK then
seats on the BENCH but with the exception OF tho hty
Jurors, summoned on the evening previous there were
lev Court 1t is said that the paucity OF the
numbers who attend as spectators owing apathy
but the aversion that prevails sg inst serving the
jury and accordingly the precantion is taken oil keeping
out Of the way almost universally until after Jury is
formed.
persons not having answered to their names were od
$40 each: Joseph seguine Edmund Van Dyke. P. w.
Jews Isaac Frost John Stevens g. Britton Joseph
Egbert, John GaTretson.
Tho clerk then proceeded to swear in jury from the
list just read
THOMAS BUTLER, challenged by the defence) sworn
Had formed an opinion on the case. Set aside.
AARON sYMrs. Westheld, (challenged) sworn-Under-
went long examination, IL the course Of which he adj
Ell having read published Of the former trial;
had conversed It repeatedly, and had expressed him
self to the effect hst If these accounts true and he
thought they WERE the prisoner guilty yet he be.
levcd he had no bias in the Case.
Counsel on both sides argued the law bearing upon the
disqualification OF jurors by the formation the express
Of opinion It alleged by counsel for the pri.
that Symes having read aud converted the mat
er-havng at one time received an impression, he was
not Indifferent and therefore unfit to try the Coun.
sci for the prosecution commended that conversng and
sons conveyed thereby Taking that test, 1t would
be utterly impossible to empanne jury in on
the present had regarded the gn Of the prisoner
alphabetically and making il dependant on the truth or
that he had sometimes bought her innocent sometimes
guilty, proved that his opinion formed by
certain and yac sting state Of mind and therefore not
ground for challenge.
The Court overraled the challenge.
Counsel for prisoner then challenged the Juror peremp
torily. Set aside.
LORENZO d. DECKER challenged by defence for favor
Walter Belts stevens n Stevens were at the demand
of defence appointed ryers to pronounce on the fit
of Lorenzo D. Decker, sworn.-Resides at North
field knows the case before the Courts believe It to be
has heard some statements made concerning this case
has never expressed any opinion that he knows Of
more or less the like people generally has talk
ed about the prisoners killing Mrs. Houseman cannot
said were true 4 looked suspicious did not suppose that
all OF what said true could not come to any
conclusion as to what was or was not true never set
down that any OF it was true, because knew nothing OF
ii does not mean to say that he formed any i'm.
pression but may have held portions Of as true
as much as any other the guilt always looked to him
mystery could not see through II the Impressions
were unfavorable to The prisoner from reports did
said believed they were true could not come to any
conclusion from the reportschogng her with the muir.
der it might have appeared to him Ii it true
have thought perhaps that it seemed to him though
it true might have thought within himself that it
Cross e1amind Does not recolect that he f,rred an
opinion thinks there is doubt that he led to
cludc that i was the could not make up his mind
say have any opinion at present, tor have not heard
the evidence and do not want it has feeling about
After the conclusion Of the crossexamnation Counscl
for the prisoner addressed the Tryers Al eDgthJudge
dueon m beser
Juror Decker, free from bias in the in judging
Of Mr. Deckers testimony they were to take altogether
IL they found that he had bios or had formed impress
son they must set him aside but if they regarded his
opinions ss merely hypothetical they could not do so.
taken down literally and left the case with the Tryers
whose was that the trial true. Tfre Juror
cordngly set aside
EDWARD TAYLon-Challenged for favor-sworn-I
have Horned settled opinion as to the guilt Of tie
prisoner Set aside.
Z LOUIS ANDREW -Challenged-Swern-I have
formed opinion founded on reports read; have a
fixed opinion. Set aside.
II JANIS u. BnITTov-Challenged and sworn-l have
formed opinion on this case
Cross eramined.-My opinion proceeds from what
have read; have expressed 1t; did not know the re-
ports to be true, but thought they were; from what
have heard read AMI seen thought the charges against
the prisoner were true. Get aside.
CORNELIUS sHEA-Chalieaged and sworn-I do not
know whether formed an opinion but thought il what
read true the prisoner was guilty; cannot say
made up my mind that she was guilty; my opinion was
that il the statement true she was guilty and be-
leved at the time 1t was true. SGT aside.
GARRETT M LAFoRGE-sworn-I have both formed
and expressed opinion as to the guilt or innocence
the prisoner. Set aside.
JOHN +. LIsK, sworn.-I have neither formed nor ex
pressed an opinion upon the case.
Cross-eIGmined by District Attorney CLaRKE.-Recol
lects conversation he had with Mr.. Clarke in Port
Richmond the conversation may have been two OF
three months ago perhaps did state that had heard Of
the evidence and that thought she not guilty jim
joking and merely tolk unable to say that passed On
upon pc nsr Nu and liked or
the not say that gave an opinion one way OF
ether; recolec,s having conversation with Mr.. Rich
ards in speaking of the Of Mrs Bodiue, might have
said something like that goried that there man
who would not take life has had many conversations on
the MATTER mr. Clarke here asked the juror If he had
any conscientious scrupleswhich question objected
by thedeence, and not persisted in by the
The DIrnIcr ArToRNEr here called Mr. Phelps, Of Port
Richmond, in whose house the conversation between
Lisk and Mr. Clark took place. The defence objected
the right of introducing other witnesses to prove wha
foreign the issue ofthe he deicncc) challenge
which simply the question OF bias against the prison
heightened technical controversy ensued, which
loved by challenge by the prosecution This was OBJ
jected to by counsel for epfisoner but judgment wal
given by Judge Kent that the people had the right ts
challenge
JOHN 7. LIsK, and challenged by the prosecu
ton-as ,onscientiously scruples against bringing
in verdict against Mrs Boine; is relation TO The
prisoner her family; is not enemy OF capital pun
shment does not know that his wife is connected with
the prisoners family The examination here ended, ant
the court overruled the challenge.
Mr. PHrLrs called by prose cution, as witness to Prov
that Link had expressed opinion in favor Of the prison
err being sworn ii objected to by counsel for defence
on the ground that all admissible the principle chal
enge should have been exhausted. and that this poin
could be raised by counsel for prosecution the,
having lost their opportunity to do The Court allow
ed the admissblity Of Mr. Phelps, VIII oh was according
| y proceeded with.
CHnI-We are in receipt OF files OF the "Gaceti
del Comercio," from Valparaiso. In the late
numbers fad little Of interest, but in looking owe
Of the earliest dates End an account OF the lei
tvtes held the last anniversary of the independence
OF tne United states by the American citizens vapa
raso. The Declaration Of Independence was first read
and at the dinner which succeeded toasts were given
the memory OF the great and good Of our revolutionary
sires what however, struck US among the many pair