The New York herald., 1845-11-27
Case OF Polly BOdlne.
Circuit Court.


Nov. .-GEoR0E CArLrN who was called for further
examination, was, at his instance, relieved from
sness would suffer in his absence while the jury
The morning hour was occupied with the discussion OF
a very important principle relative to this case
Mr. J. r. WHITING interposed his objections to the
previously declared opinions of the Court and in very
able learned and concusively arranged argument in
sisted that Juror called to the stand could by pos
sblty be considered disqualified because of lis enter
tanning the belief that murder had been committed
alleged in the indictment That there was, or ought
not to be- any objection to the admsibty of such
juror upon any such pre.oonceived opinons and that
although impressed with such belief might yet be
thought and considered eligble-based such opin
ion might be, upon rumor or newspaper inteligence
and farther that the oath administered requiring true
verdict upon law and evidenc was in itself per Sc
contradictory to any such supposed grounds of dsqua
hcaon and that therefore and irrespective of such for
conclusions he should still bc entitled to respect
a competent juror.
The counsel in behalf Of the accused maintained
an opposite Judgment. upon the conclusive ground
that murder having been committed in the mind of
Juror implied Identification on the part of the accused
and that juror called under such Impressions becomes
at disqualified that his preconceived prejudged
opinions initiates to his competency, and, heretofore
should be rejected upon such relative grounds
Mr JonpAs sustained the opinions advanced by his asso
cate also Tor prisoner and in brief argument conenoed
that the commission Of capital offence, well authen,
Gated and fully impressed upon the mind Of juror cal
ca for admission disqualified such an ind,yiama ssbs
impartial juryman-bccause that knowledge, ea,ns'
fixed supposed, that murder had been perPetiaod
involves the guilty participation o. h the a0'useu'ne
one being so closely allied with the o,ner'
The CouRr seemed TO acqhiesce in this opinion, yet
withheld it's decision until farther rcfercnce-aithough
its opinions we're confirmed from the learned and nteli
gent decision of Chief Justice Marsha in connexion
with Col Aaron Burr as to his reasonable intentions
against the United years since and OF which
our readers familiar, after multitude OF excuses
and the expression Of opinions had been received.
JouS CHAMpgRs was called forward Has not formed
an opnion lives AT $50 Madison street. is grocer; has
not OF late road anything concerning this trial. has
versed much upon this subject the Impressions upon his
mind unfavorable to the prisoner: still entertans
them Rejected as incompetent
this stage OF the proceedings the pape of about 400
the 7th and sh wards became exhausted and the
Court adjourned until O'Clock.
At o'clock, further attempt made to complete
jury In this case and Notwithstanding the long array
oil names having been returned from the 9th and 10th
wards, IL proved unavang. At the instance Of MIR Jor
dan the able counsel for the prisoner promptly acques
cod in by Mr. Clark, tho District Attorney from Staten Is
land, in Richmond cVuny1 and who complained Of phya