The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-11-25
Case or Polly Botllne.
Circuit Court.


Nov 24-mmediately upon the organization of this
court there very full attendance and large
Der Of jurors drawn from the Fifth and Sixth wards
in waiting to gain admttance to answer to their
called by the clerk. Some little confusion was there
hundred were called the most of which appeared
with excuses of exemption, sworn to their
na; i, or expressed an opinion Mon regarding the
was almost entirely taken up in this way without the
least hope Of finding any qualified to enter the jury
box
JOHN CArcorr sworn-Ddnit know whether he had
made up his mind not was uncertain to this
have done so thinks he should remember he had ever
given his opinion either way; didn't believe in capital
murder had been committed was pretty certain that
Mrs Houseman was murdered by somebody; didn't know
who thought the child might have died in way
WILLIAM KIRK sworn-Lives at 4a Walker street; had
not made up his mind exacty thought he had that he
guilt innocence of the accused his opinion
unfavorabe to the prisoners dapproved OF capital pun
shment; would not convict person for any capital Of
SAMUEL A. SUDAN was brought to the stand-Now re-
sides in the Fifth ward has opinions would net
der verdict of guilty in this particular case because
the accused female; expressed himself day
two since at the dinner table presence Of two three
gentlemen has conscientious scruples which would
conflict with his rendering verdict guilty under ord
nary circumstances has had opinion both for and
against the prisoner, superinduced by passing remarks
his opinion was CHANGED opinion; has now any fix
ed sentiments of belief
J. r. WHITING, ESQ., of the counsel for the people,
raised strenuous objections to the admssibty ofhis
juror upon separate and distinct grounds but
ruled by the Court The examination then continued
Did not believe what he read concerning the prisoner
attached Importance to what he had either read
heard has conscientious scruples in this par
ticular case-thinks his Vows of capital punishment
would not preclude his rendering verdict of guilty
sustained by evidence Much time employee by the
counsel either sde to the eligibility aud quafca
tons of this nrorwho seems enjoys some oonsdera
BILE notoriety for his having inflicted corporea punish
ment upon "sgnor Alveah' an dttGche or secretary
from the Brazilian government for an alleged insult upon
his wife at Niblos since and sentenced to
the penitentary for six months and fined 1--WE hundred
dollars This being violation Of the law Of nations and
there being extenuating circumstances appeal
mads to Executive clemency, who promptly return
ed full aud unconditional pardon and no thereby
restored to the privileges Of citizenship After brief
charge from the court the trers retired and occupying
a few moments for consultation returned with an ex.
preston OF satisfaction TO his capacity to
qualified juror Up to this me nine jurors to the ex-
cuslon Of Mr.. ConanD have been obtained.
JOHN g. Sparkling, a merchant tailor was then called,
who estified-Had not made up his mind fully-some-
times he thought her guilty and at other times he
thought her innocentwas influenced 10 his opinions
from day to day by the testimony appeared in the
morning papers-had come to any fixed
trial has no doubt bu. that he that she
guilty. and did then believe her sopredcated his
opinion entirely upon the decision Of the jury at that
time and not in regard to his own individual opnionis
unbiased Set aside by the Court alter long and
ingenius argument advanced by Mr. Whiting of the
associate counsel in behalf of the prosecution favorable
TO his admission.
JAMES WILLouoHsY-Had not formed an opinion was
opposed to capital punishment Declared incomp etent
JOHN MILLER B. SMITH and GEo. w. Corv,r
were also disapnroved OF for similar causes. y
George CATLIS was called-ls a merchant tailor e..
fancy goods dealer at 81 Bowery has formed no opino
don't know whether he believed what he read
never his knowledge said he thought the prisoner
guilty; believes there murder csmmtted does not
believe it was accident; has conscientious scru-
pies in regard to capital punishment appealed to the
Court to De relieved from serving representing that his
business would suffer- and that his family, consisting of
wife and Eve children. would be entirely unprotected
He was, however, ordered to re-apPear Wednesday
morning at IL o'clock for further examination TO which
time the Court stands adjourned The panel being ex-
hausted tales for the 7th, 9Th and 9th wards
4 demanded by the Court.