The New York herald., 1845-09-30

lS45.
Anti-Itent Trials, tEc.-A Jury EmpaneIled
In the case OF Van steenbursh.
DELHI Sept. 81, ls45.
Dsiaware Oyer aud Termner-Hon. a. j. Parker, Presi-
ding Judge-JA. Hughston, Esq. District .qttorHey-
Samuel Sherwood, Esq. counsel for the People.
The court met this morning at 9 o'clock.
.4rraigned-Darius Travis arraigned upon in
dctment, charging him with murder plea OF guilty
of mansaughter in the first degree offered by his
counsel, and accepted by the court
Pleas to Tndicfments-John Burch and Isaac L. Bur-
hons withdrew their plea OF not guilty OF murder, and
pleaded guilty to manslaughter in the first degree Ac
smith sandford and James Clayton, IS and the
other 90 years old withdrew their former plea of not
guilty of murder, and entered plea Of guilty OF man
slaughter in the fourth degree Accepted
Barbour Stafford, aged 20, Withdrew his former
plea of not guilty Of murder, plead guilty to man.
Slaughter in the fourth degree Accepted.
Edwin Mason 10 years Of age, by advise of counsel,
plea ts Of guilty Of nan in fourth
Calvin Madison now withdrew former plea of not
guilty Of murder and plead guilty OF manslaughter IN
| the fourth degree. Accepted.
Andrew Moscrpt, pale. sckly boy II years of age,
by advice of counsel withdrew former plea of not
guilty Of murder, and plead guilty to mansaugher IN
The CouRT suggested that on account of his extreme
youth and sickness the case not being very strong
| one, noiie prosequt be entered
| pros, and the prisoner was discharged.
VIM. Reside withdrew plea of not guilty of murder,
and plead guilty Of manslaugher in the first degree
Accepted.
Henry L. RUSSELL 10 years OF age. was arraign;,
| ed on an indictment charging him with murder By ad-
vice of counsel plead guilty oil mansiaughter IN the
fourth degree Accepted
for murder Plead guilty Of mansaSghter in fourth
| degree. Accepted
TRIAL OF Jons VAN srrnsnuncn ron MuRpnR-Hon
Samuel Gordon, Hon. Mitchell Sandord, Hon. D. s.
L Bovine counsel for prsOner.-Thlrd Day.
This trial now resumed. and the clerk proceeded
to call the OF the alesmen returned this morning.
by the Deputy Sheriff
One of the most singular, extraordinary and curious
the celebrated lecturer that sublime and interesting
science called phrenoogy lat present delivering course
the subject in this village sits on the right hand OF
but particularly the bumps on the craniums OF u
rors while undergoing examination His advice re-
garng their character has been taken in several nstan
ces; and if the juror declared competent by the
tors the peremptoy challenge has been used at his
This is certainly of the most novel, romantic and
funny proceedings we have yet heard Of It IS the be-
for successful in this instance, have no doubt
phrenologst will hereafter become an indispensable ap
An animal magnetism may shortly be found useful in
putting obnoxious juryman into state of somnoency
while the evidence is being heard
The counsel for prisoner as will be SEEM challenged
almost every juror to the favor variety of questions
at
lieve murder was committed on that occasion ~ or
" do you believe Steele was murdered r. " VINO mur.
dered him 2" I" Do you think all the men disguised and
armed were guilty Of murderr :" Was the assemblage
a felony or misdemeanor y /" Have you said all the
yes to ths) "Have you prejudces against the men at
that sale y If the prisoner was proved to be there
would your prejudces extend to him p' Gould you
down to try this with the same feelings as you
would to try neighbour "Do you belong to the pos
Sc :" "Have you read the newspapers" (" Have you
; seen list Of those who shot'" sc. sc.
LEVI MILES called-Challenged to the favor by coun.
sci for prisoner Decided to be
| peremptorily. Set aside
ALMoS j. GArrs led-Challenged by defence. Set
aside by consenthe Juror having expressed an opinion
on the case
The counsel for prisoner here remarked that it was
very singular but was fact that the three first tales
called had been the He conended that any
person having been on the was unfit to serve as
juror in this case Their feelings having been enlisted
in spirit and their pre- udices arrayed against
the prisoners, who may have at some time resisted
them.
had served the posse and attended "ndignaon ct
ngs" instead OF being discreditable was rather in hi
favor and of itself would not disqualfy man from serv
:, ! ing juror in this case
i II. S. TRnApwELL called--Challenged by defence Sc
: aside by consent, having formed an opinion.
t HoRAcE MANN called-Challenged by defence. Sc
aside by consent.
lenge Withdrawn. Sworn as juror
, , MARVIN s. KELLOGG called Challenged by defence
Set aside by consent
JoHs J. MILLER called-Challenged by defence. se
aside by consent.
ELIHu HOWELL called Challenged by defence, decided
to be competent; challenge Peremptoriy set aside:
JARED CHAc AcEcaed-Chaenged by defence decided te
De competent challenged peremptor1ly set ASIDE. Ihe
Court here adjourned for dinner.
AFTERNOON SESSION.
BRAproRD KINGSLEY called Challenged by defence, de
cdei to be competent, challenged peremporily, set
asiae.
The counsel for the prisoner gave nose to the
court that they willing to accept Of Mr. Chace
whom they had set aside before dinner juror, on
condition the counsel for the people would allow them
to withdraw the peremptory challenge and reserve or
future use.
The counsel for the people acceded to this PROPOSE
ton and Jared Chace took his seat Juror making
the seventh juror This leaves the counsel fol
prisoner eleven peremptory challenges.
EBENERER HANpFoRp pcalled-Challenged oy defence
challenge withdrawn. Ebenezer landlord took his
Juror
DANIEL NoRrHwAY called-Challenged by defence Sc
aside by triors.
Asa NrIsos called by defence challenged
peremptorily, set aside.
JABEz Fowler called-set aside by consent.
ABRAHAM seuIRrs called-Challenged by defence, de
cided to be competent; challenged peremptorily.
HOMER BosTwIcK called-Chalenged by defence. Sci
aside.
lenge withdrawn Aaron Hasey took his seat juror
LYMAN MCCALL called-Challenged by defence, set
aside.
wM, A. srnsos caled-challenged BY Defence-set
aside having expressed an opinion that the men assem-
bed at Earls sale, ought to be shot or hanged.
AzEL b. RoBERrs sworn as juror
VIM. SMITH sworn as juror
DANIEL j. RoE caled-Challenged by defence-de
cided to be competent-Challenged peremptorily-Set
aside
DAVID BuEL called-challenged by defence decided
to be competent-challenged peremptorily-Set aside
DwncHr MITCHELL called-Challenged by defence
set aside by consent.
ALExANpER SrARLs called-Challenged by defenc =
after examination challenged peremptorily y-Set asid
THOMAS WILLIAMS sworn as Juror
The names of the jury were now called and the mum
Der found complete The Counsel for the prisoner hat
six peremptory challenges left.
The Court now adjourned until Monday morning a
nine oclock-previous to which, however, four consta
bes appointed to attend upon the jury, who were
cautioned against speaking to one, or allowing any
one TO speak to them on this subject.
Common Pleas.
Before Judge Daley
sEYr 2e-Snyder & Mab5in vs.. Eimstedd fann,ns
This was an action to the value OF quantity
of eggs which sold to defendants Inc case was
tried once hafnre The eggs amounted TO large guam