The New York herald., 1845-03-23
Court OF Oyer and Terminer.
HrrDsoN- March 2I 1S


HUDSON, March 21, 1915.
The Court was opened at nine O'Clock. No further
busness coming before the Grand Jury they dis
20 try the cause Of the People VS. DR. BoughtOn
Ann CooMBs Called and challenged on the part OF the
pile for principal boss on ns upon
distress sxecuted that disturbances prevailed among
tenants; that led 10 certain associations OF dis
sused and armed men that the prisoner bar
active in organizing these associations and foment
ing that that ne ehs prisoner sns
paying the services of the prisoner was raised by
contribution from these assocaions that at one OF nose
juror called tended anti rent meetngs o the char
described knowing the objects which they were in
| tended to accomplish.
Mr. contended that these facts did constitute
ground Of principal challenge. even if true from which
The ATTORNEY GENERAL referred the Court to the
Of Clarke VS. Ostrander in Cowan's Reportsao to OH
Cowan 6S5 as explanatory ofhe grounds OF principal
challenge. These went to show that there
good ground for challenge when there anything in
the situation OF the juror tending to create bias i'm
The Court of opinion that the challenge for prin
cipal cause not good would therefore, have TO
Mr. JORDAN here arose and respectfully submitted to
the court the propriety Of removing Mr. MCleand one
Of the yers for reasons among the rest that he
was brother in law the Recorder who had taken
active part agsnst the anti renters and probably he
Clesnd had mingled in the whole transactions from
beginning end he thought therefore, not dstrusting
Mr. McCieand's integrity was not desirable to have
him. connected and stnated as he wa to try the fitness
The Cou.r was Of opinion that there was no good
scted unexcepionaby and as men could be only judged
from their actions. his were before them and were salts
factory.
Counsel for the defence proceeded to draw up ex.
ception to the desison Of the Court which took up
along with what seemed to be peedless discussion on
the subject an unnecessary period OF the time OF the
court
The Attorney GENERAL characterized the motion to
supercede Mr.. McCelland most unusual and unheard
OF proceeding and impu,ation most respectable
citizen to which he could not assent either on
/ Ia fOrth thoo IF vroIi
Mr. JoaDAr handed in his protest against Mr.. McCel.
land which gave rise fresh debate but the prosecu
ton would not relnqush their right retain him. as he
was regularly appointed.
The ArrosrEY GENERAL proposed, as acompromse, to
substitute the Court as triers which offer was not &C.
At length Judge Parker, after consulting with his
brethren agreed for tho set forth the protest.
to substitute Mr.. Joseph Ford for Mr. McClelland
A. CooMBs, sworn and examined by the DISTRICT AT
roRNEy.- l live ia Ciaremont, between three and four
Weavers' Hollow have lived at Claremont about two
months came there from Germantown, here lived
Jones' store occupied farm in Germantown Of VIM.
Be Wits; now occupy lease farm; it is held on
ston have attended Amy anti rent meetings have
heard OF some in my neighborhood. at sturges and
less there much excitement there has not paid
much attention to the conversation on the motter
Geo NJ Hoffman speak Of it he said if Livingston had
title he ought keep his land it he ought to lose
question should tried thought that was right and
to he said the land as he thought belonged to
the siate he thought would the tenants BY pur
chase shillings anacre il told him did believe
they could buy it for tha guess thought 1t would be
that
up north think he told what they for believe
he said they opposing the collection OF rent he
Judge PARKER upon the objection of counsel for de-
fence thought It would be desirable to limit the sphere
examination they to enter into the conversations
might have had with Others would take up year to
get through.
Il
the Liyngstons should not get rent until they proved
their title; heard the people talk of their resistance TO
say Ihave heard some speak one way and some the
and that they dd take away the papers but never
the ho% heard speak
the subject don't recollect any ing that the
am.I nsa sworn % % false heard pohng na
to understand that there flying stories about ii
out ne ala not say he believed them made no
could not tell has joined anti rent association
nor PAID any money haze not been spoken TO soS1.
him in court here; have formed or expressed
il was right wrong; am not that know Of related to
any OF the am relation to Boughon
| know Walter Hutchins; have conversed with
| him or heard him speak on the subject.
COURT Gentlemen say whether this juror stands with
out any bias or impression on his mind and Is ndaren
The trsrs after consulting quarter of an hour, pro
nounced the Juror incompetent
| BENJAMIN BEeKwrH called9and challenged by defence,
sworn- have not formed any opinion as to the guilt
1noc. nee Of the !prsonsr Challenge Withdrawn, aud
The ters werehere excused, the two jurors assuming
the duty
GEo w. RICHMOND called and not being challenged
| accordingly sworn as the third juror.
syLvEsTER WILLIAMS called and challenged by the de.
| ferce-Examned-Ik know very little about the cause;
have made up no opinion upon it live in spencertown
WILLIAM F. REYNOLDS called and challe nged by de-
fence Sworn and examined have ht ard Of the trar
sactions of which this indictment arises have
robbing the sheriff; heard Big Thunder was concern
ed, and that he DR.. Boughton; formed opinion
JOHN AsrrAn caed and examinedT live at cIa
verack; was al the Smoky Hollow meeting; have
been present the nvestg atoms arising OF
the an-rent proceedings; was not in time or
hear the Coroner nqnest have heard great deal on
the subject have talked with Thos. Storms, Mr. Miller,
and others didn't hear them say in particular thai
Boushon was guilty. thinks they said he took the wrong
about H. among the rest Mp Hammond and s. White;
they said the anti renters were rather wrong coulo
heard MS guilt pkn Of
heard numbers say they ought to be punished If they
my NOT ne be- nas
| that the person heard speak at Smoky Hollow was
Boughton has opinion to the charge Of his taking
papers, heard OF that speech but left before he
gottnrough; am unable to say whether he was an In
dian or white man my eyes are weak; heard that Mr.
Hammond was threatened pretty hard; cannot say he
used any expressions against Dr. B. Challenged pers mp
JoHr A. TAYLOR called and examined-After a few
questions OF the usual kind he sworn as juror
JAcos J. vAsDusES called and examined BY defence-l
/
land considerable in a-about ncres in all between
lease and fee land. Set aside by mutual consent.
SAMUEL MILLER'called and examined-I am not
necea related bymsrrage the Sheriff; do nctknow
whether am related to H. G.. Miller not. Challenged
| for favor by the defence
have been at the Smoky Hollow meeting; hope
not indicted; have heard talk about that meet
ing do not know In particular to whom talked;
thought Boughton Of the Indians others said he
was not couldn't tell what to think; told them tnat
thought il made little impression my mind at the
time; live ten miles from Hudson and have quen
munication with it, have often talked to people abou,
the me eetings said this"f that's the heard-ifB B.
the manf be true, he ought to be punshedn think
there was an impression made on my mind about his be
| ing the man.
| Crossranintd By the ATTORNEY GENERAL--What was
| thar mi ression7