The New York herald., 1845-03-23
Essma.1 " Mr JoapAu--l only mean thal D wish 70


view proved he had IMPRESSION and therefore was dis
qualified to be Juror.
His Honor Judge Parker summed up in q clear and con
else manner when after few minutes consultation the
Juror was pronounced Incompetent
hkS oosE sailed ana onaiiepged on the part Of the
ing OF the Shers papers; have LETT IL blank in my mind
until il was proved to be so-that wasimy calcuation;we
hear great many stories we cannot not;
hearing at one time OF the taking Of the Shers papers,
and that DR. Boughton washe man-at other times that
he not, did not know what to think of II: do not
know the Sheriff, have conversed with him Chal.
lenged peremptorily by the defence, ond set aside
VoLrEf BURGESS called, and challenged by Defence
sworn and examinedI live in the north part Of Chat
ham, have heard good deal about the an,iren meet
ngs such that Copake have heard others converse
meeting read in the papers that Big Thunder was Dr.
Boughton; present at examinations the subjsct
do not take any OF the Hudson papers, do MT recslect
ver saw Boughton until came here; cannot say what
read in the papers made any impression my mind; II
have never expressed desire for the conviction Of Dr.
The Court here took slrecess for dinners met again at
two O'Clock, when Burgess was, upon further cxamna
CORNELIUS SCHNEIDER, called and challenged-Lives
six miles north Of Sweets Tavern; at Copake and
other meetings. have conversed with different persons
on the subject.
The ATTORNEY GrsEnAL-we contsud that he stand
aside.
Mr. JoRDAr.-I want to see whether he is fit juror, or
ArroRsrY GErERAL- take granted that when he is
by the other sde there can be no objection to
The CouRr said if they agreed each side the juror
need not be examined
talk at Copake about taking the shers papers heard
good deal said the subject heard every man in the
neighborhood talk of it; there were different opinions
heard some say the Sheriff had given his papers volun
tary don't recollect who said So but they good
many; guess did not say myself; the meeting at
Burdocks was last fall did not see Boughton there
didn't understand he there there Indians there
who said to be from Rensselaer, county heard two
persons speak there in Disguise but didn't know them
ma rQl Had Rio ndora
bly, the ground couple Of hours there might be 25
30 in disguise. but did not count them saw Walter
WIS going to the Doctor and s went along with him
returned with Shafer the next meeting attended
Copake the flats are six miles from my house none
went with me on loot; we got to the flats about or
o'clock Runnell lives halt mile from me think he
was going to the meeting when met him there were
three or tour in his wagon did stop at his house.
wanted to get the chance rides had some conversa
tion with James Runnes; asked him how he going
down. or something to that effect; he said he was going
on horseback; don't recollccauy of the converse
ton started ahead of had heard folks going
from that quarer afterwards understood thst be
not know that previously; heard the Sheriff coming
to the fats that day; think knew week before the
rid would be prevented; didn't hear James Rannes,aay
anything about it when got there saw lot OF Indians
as they were called; believe saw lot on my way
down. coming through the lets the estate Of Peter Mil
ler there Indians along the road none at
Runnsll's about therewhen the Sheriff came heard it
at the house Of John Vane the Sheriff first getting
side Of the carriage with music and guns pistols spears
knives, tcmahs swSs. Sc went along down with them to
Decko was not near enough to the papers deliver
ei up was distant twenty yards could not twenty
yardsIthrough a crowd.
COuarAre you content, Mr.. Jordan, that this juror
stand aside7
Mr.. JoRpAN-Why really SIR, see no reason why he
shouid he went there merely for curiosity like other
people. II gentlemen would merely confne themselves
to the question Of bias impression they would expe
dhe the business.
CouRr-It strikes me we would save time; he sthere
but there nothing
that factto disqualify him.
DISTRICT ATroRNry-I submit whether man who was
present at such scenes fit to be juror to try this
impartially.
Examination ,es,.med-I did not see the Sheriff give up
his papers; slman called Big Thunder down. heard
the vote about tskpgppers at the place Of sale the vote
was taken by raising the hand whether they should
be given up not. Set aside.
JOHN STEWART called, and challenged by defence -
Set aside,
ABRAHAM THAvER called and challenged -sworn-I
have heard and read some the subjec impression
was produced on my mind by these statements; consd-
cred Dr. Boughton had participated in these meetings.
thinks these impressions have not been permanently
moved.
Cross eramned-I understand this Indictment for rob.
bery supposed he had participated in taking the papers
from the Sheriff from what heard and read Set aside
WALTER Decker, challenged by prosecuton.-sworn
the prisoner indicted for robbery think have formed
belief as to his guilt ofthat charge, Set aside
JOSEPH FoRo examined think did form an OPT
nion OF Dr. BPS participation in those meetings; this i'm.
preston has not been removed
Cross erainedI have heard nothing about the robbie
ry except from the papers of that day. did form and
press an opinion as to his guilt in the transaction Set
aside.
MARTIN w. OsBuRxE called and challenged. sworn
have formed an opinion in this case; has not been
changed
Cross examined Cannot soy have formed en- opinion
as 70 ms su Of. roobsry think in my own mind he
NICHOLAS HALLEsBEcK called Challenged by the pro.
secution i am brother to the gentleman the Jury
live at Hlsdale; have heard Something about taking
ePapers from the Sheriff. heard Jas Robinson speak
it; he said he understood the Indians and Sheriff
to room together and when they out they told
him to give them up; don't know whether he believed
or not but seemed to do he said he told soI
believe he did not get them till laiish Ne said they were
about burning the papers when he got there he did not
that remember say why the Sheriff gave them up he
said the agreement to do SO was made in the rooms
told me this at his house, little mile from Hills
dale; was not at the burning Of the papers, had
heard they were going to take them from the Sheriff be
ore was the general talk in the tn the
Sheriff was coming out; think felt interest n the
affair at the Flats. and wanted to hear it, don't know
passed = my y opinion upon the giving up Of the papers
ed his story, and have not changed my mind since
know the Sheriff by sights have talked to him
about it have been to Of these anent meetings
atECopake Flats remained for three four hours that
was last fal there armed there; went to the
ss,g bsfsrs sbs H09w the meeting copaas wa,
went out to Smoky Holiow was there when The boy
was killed; there were men armed and disguised there's
heard him 81 eak did not make his acquaintance at Co.
pakei Flats; they told that his name-hats all
do If were the Jury
Crosstramined by Mr. JoRDAr-I thought and believed
there was an understanding between the Sheriff these
aside.
EBErtzIR LoMAs called and challenged on the part Of
the prsoner-Sworn-I live in Gallatin. on Henry w
Lvingstons lott have heard Of these disturbances ard
OF the taxing OF the Sheriff papers; have formed he
lief as DR. B's being there; have been told he was
there and thst he was Big Thunder; do know bnt
believe he was there, and that he party to the
transaction; believe still he was there
Cross eramined-I am now speaking of the time the
papers were takcn 1t and h my opinion that he wa
there Set aside.
ArsoS Pa RMErrIER called and challenged Sworn NV
wife and the prisoner told me
he was indicted for conspiracy; reside at Lvingston
saw men dressed as Indians, but never in my house,
have SON about seventeen; thought dress there
once happened TO get glimpse OF 1t in my he'd room
DID nothing to II; didn't order out; guess IL was Mr.
Deckers; was at Smoky Hollow; also at Burdicks /;
nave not made up my mind as TO DR. BIS guilt inno
nence; take no part interest in these Assem-
was asked to join them however; pay $3.50 year rent
to W. Livingstone hold about $50 or gao acres; alI