The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-05-30
Price Two Cents.
supreme Court,
81


MAY 29.-Case of Polly Bodiae continued. Mr. CLARK
concluded his argument in favor ohe prosecution and
was folowedby
Mr.. WmrrsG on the same side. In his opening re-
This is extraordinary one, and one of the
greatest Importance and should not be sent back upon
nice critical discrimination The Court ought to look
upon the whole case in its general aspects. the o.
nal examination Of the the rule Of law was mot
strctiy carried OUT and 1t was made apparent that
reasonable doubt existed in the minds any person Of
ordinary common sense they had objection to meet
the defendant in any Court the subject II appear
ed she had challenged thirteen jurors peremporly out
of array of $50 who were placed on the stand and
the prosecution She had legal right to challenge 70
jurors but the bill of exceptions showed she hnd not
tunity to make objections as to exhaust her chsllen
ges. Mr. w. commended the ruling Of the Court upon
tie law The formation Of opinion ought not t. exclude
from the jury box but bias or hatred towards the pri
affinity to- was not to be- son.srsd
cent ground for exclusion He regretted that the learn
ed who opened the case had not given the
Of mind" impression" Thought" which he had in
troduced in his argument, to enable the Court to
what was the legal definition of sopinion" thought"
or inclination of mind" The knowledge ofthe fact
before hand, could not disqualy at common law, whom
that TACT should come before him in dsposing of the
Opinion ought not therefore, disqualify Ii tho
juror formed an opinion positive knowledge II differ
ed materially from opinion formed on runor. Some
of the books referred opinion; if the juror doubts he
has no opinion; he hestates he has opinion These
pothetical opinion We get at fact Of the existence Of
opinion by proving that was formed In regard to the
bias included more than opinion was Of
faint impression mere aeeting thought disquaiiass no
jury ever selected could be called impartial
Such principle laid down. would be absurd in these
days They should 60 back to three centuries ago,
surdity. substantially the question of law was pre-
sented in the of the first juror Board The ruling
be- but si the exceptions 70 the ruling ought not to
be sustained His Honors ruling in the case Of Boafd
ground that he excluded the objection via he had enter
tanned thought upon the subject such thought being
merely founded upon newspaper statements Thought diff
ered about shadow of shade from opinion and it
fallacy to ground an exception upon such principle
The objection was made the Of the prisoner he
would not call it an absurdy, but it fallacy They
should 60 three centuries back TO- find such faacious
tests and he therefore commended the judge
in his ruling The judge said "a feint impression.
founded on mere rumor, ought not dsquay, . and the
Judge he commended right. A mere inuendo in q
newspaper read by juror may leave an Impression
The Judge ruled "a fixed and decided opinion and such
as it would require evidence remove sufficient
ground for exclusions but il the mind wavered in OPT
non it should not exclude" They could not take iso-
lated portions of the Judges charge and Gull points
which he charged unless they took that charge upon
the whole. If the juror had an opinion that was re-
moved it was not TO be deemed sufficient ground for
cluson If the prisoner was unable to Show she had
LOST something by the formation Of this jury the
ought not to be sent down for trial. The learned
Counsel cited authority in support Of his position
In relation to the argument OF the opposite side,
Thought" it was no ground for exclusion-thought
passes into the nind and, there free from
it. man may have thought Of shooting with pistol
which he had in his pocket and that thought may vanish
leaving no impression upon the mind with the aid Of
twenty peremptory challenges, the objections urged
against any Of the jurors ought not to be sustained
Where was the poor that could come into Court if
such principle was laid down Mr.. w. further COM
mentcd at much length upon the points Of formation.
expression OF opinion, and commended that if the
should be sent back, upon such ground, she never
could again be tried; in the community could
be found who had not thought upon the case An idea
seemed to prevail that the Judge had right inter.
iere with the formation of the jury He commended that
it was as much the duty Of the Judge to that the jury
were impartial as it for counsel; and the Judge
in his discretion, had perfect right exercise .
rigid scrutiny in the selection Of the jury
In advertng to the exceptions the ruling of the court
in the case of Lockwood, who set aside a pc.
remptory challenge, after the court ruled him in,
animation as to challenge for the favor &c. Mr. w
tended the ruling was correct The juror not having
been admitted. and being excluded peremptory
challenge, the ruling of the court he commended was
correct, on the ground that he had decide upon
question OF fact not question Of law and therefore
question for the Supreme Court On the challenge for
the favor, Mr. Lockwood said, My impressions not
so strong as to justify me in convictng acquttng
what know The ruling in, such q ground, was
and his charge to the ters who found him
different was also correct MIR. w. cited authority in
support OF his position and will this forenoon.