The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-09-10

Trial OF Spencer, Tor the Murder OF MS
Wife, In Jersey City.
COURT OF orER AND rERMINER, HUDSON CO MI
Before Chief Justice Hornbewer and Justices Terrell
D0npsy Van WI mel sps.r snd as
Mt Bergen yesterday, drew together vast con onrse
of persons amongst whom we're several ladies who 90.
filled up counsel Tor prisoner took their seats the
table allotted for them and were busted before the sit
is Young looking man about ears OF sse,
and was fashionahly dres ed in black His appearance
that attributed to him by Of the papers and his
demeanor was composed and gentlemsnliks His coun
reslessness occasionally about the eye which showed
that he felt the melancholy position in which he was
Mr. seuDDns District Attorney, and NJ naowrs..
Attorney General for the State appeared for the prose-
The Court hero proceeded to call the jury panel
JoHs D. Kiso was the hrst on the panel called Hsv-
ing expressed an opinion that the prisoner guilty no
was challenged by the defence to the favor.
The CHiKF JUSTICE hero cited authority In relation to
challenging jurors and showing the practice in relation
thereto, which varied in Of the states Stephen
Garrison and Lorenzo Jaquns were here appointed
The counsel for defence proposed to show sy the wit
ion in relation to the prisoners guilt.
CoUaT.-We shall overrule this ottectpn. You must
tho juror himself We do not deem him a competent
witness in such a for himself The Tiers here with.
drew.
JosHuA susr,s was next called and challenged by
the defence to the avor on the ground that he had form
ed ana pr % an ne was aor h
tion the ground of entertaining cocscentious scfu.
plos as to finding verdict of guilty when death would
the penalty. The overfuled the objection In tho
absence Of testimony other than the juror himself The
juror was here sworn in.
ruled on tho ground above referred to- The juror was
hsreupon sworn.
posed to show by of the officers who was absent,
that he had formed and expressed an opinion Juror set
aside until the arrival Of the witness
BESJAMlNF. WALSH was next called. The two Jurors
already sworn acted as triers
DANIEL WALSH (son TO tho juror produced) was here
sworn with view prove that his father
opinion on the He testified that his faher had
stated hat he thought the case when on trial would .ar"
out different from what people med Juror set ssde
HENsr NJ TsarnAaAs was next produced and sworn
DUDLEY 8 GREooHY set aside until the panel should
have been exhausted.
STEPHEN K,resLEr was NEXT called Abraham Van
Winkle tho sheriff, produced and sworn He testified
that he had summoned the juror Kingsley and had No
lenge Tor the favor withdrawn This individual was here
challenged peremptorily
JESSE HorrER was next sworn in chief
joins BRIsKERHory next produced and challenged to
the favor The defence proposed to show, by tho juror
subject of the murder and the guilt innocence Of the
prisoner. Objected to on part OF the prosecution
The CoURT considered this course would be expe.
rimsnt in order to find out testimony.
COUNSEL for prosecution considered that if such q
alre ady assumed by the court.
The ArroxNsr GrNrRAL here rose. and cited authori-
to show " that the parties n h bound to elect N such
but not introduce both kinds of testimony 10 support the
challenge
The juror here sworn
LoRiN BRooKs sworn in chief
CHARLEs MusK challenged peremporily.
JAMES LiGHrBoDY challenged percmptony
JANIS WILSON sworn in chief
JAcoB Van WIsKLs chalIenge cd persmptorily
LiLAH Hill challenged Tor favor.
The Court here took recess from O'Clock until .
P. NJ. when they again met.
LLAH Hill was here recalled and challenged TO the
favor file was examined before the trisrs lie testified
that he should object to taking life. end opposed to
capital punishment He opposed to circumstsntial
evidence and that account would object to taking
the oath T. try the prisoner He had no scruples whore
the evidence was Of positive character II the evi-
dence, however strong was OF crcumstansial chsrsc
ter, he would not convict upon it.
The CouRr here charged the jury The admission OF
the juror that he opposed to capital punishment
objection at all, whether this opinion founded
either upon religious political The juror
then that he opposed the prisoner upon
legal evidence because circumstantsl evid legal
evidence and in nine OF hundred CIR
cuussntai evidence turned 90 the best sort Of
evidence and just came to this that the juror Hill
refuses to convict upon legal evidence
The triers however. after brief deliberaton found
that Lilah Hill was incompetent
JoHs MORGAN sworn in chief
NICHOLAS VsEsLASD challenged to the favor ON part Of
prisoner Challenge withdrawn and subsequently chal-
iensei perempioriy.
JOHN ZosRisKiE challenged persmptorily.
sMIrH BEsEDIer challenged TO the favor. Set aside
ABRAHAM VREkLANp challenged to the favor. Alao
challenged peIemptorily. Set as'ds.
MISDEsr VsEELASo challenged persmptorily. Set
aside.
Hrrar ErwLra challenged to the favor. Having an
swered the ussal ntsrIogstories satisfactorily the
couA was sworn Chief.
AspnEw CLAsx-Chslenged on the part of the State,
the ground Of his having formed opinion to the
juror being examined, stated thhi he had had con-
versauons VITA his brother this subject His brohsr
stated that he would not whether the prisoner
Judge DoNEELLv here sworn ON the bench, and
testified that he had heard the juror say his
Of the opinion that The prisoner was insane. he
stated what he had done when boy in Europe, to show
sls He did not however, state this 10 % Ais
opinion was under the impression that Mr. Clnik, tue
gonileman now before the court had expressed thus
opinion himself but on enquiry, found u was not the
, case.
Judge Donncliy. He had been reading the New York
Herald at the ume when this conversation ensued.
Iho CoURT charged the jurors.
The juror hsreupon sworn, and took his seat.
JAMss HARRISON sworn by the up.iitsa hand.
The jury here com pleed-the twelve in order
follows Joshua Heustis, foiema-i Adam Wall, Henry
NJ Traphagan, Henry etie, jesse Hopper John Brink
crhon, Lorin Brooks, James Wilson, John u. Morgan,
henry ow ler Andrew Clark and James Harrison
There was sensation IN court when The last juror
The Cousr here intmsed what the order of busiDsss
would DO during the trial. The Court wall meet q ex
o'clock A. NJ. and take at O'Clock, NJ TO as
o'clock and then continue In session each day UNIV
Tine Court here gave directions the osce. and d.
ouIned to this forenoon e,s o'clock. A. A. whoa
cution, which has assumed consde rabls degree Of
public interest," particularly the Immediate Locality Of
Jersey City.
Deaths in Boston for the week ending September Ath
90 which IL died chole infantun disease %
the bowels, OF dysente'y, and Of consumption.
CHsaoxEE NArlox-The .adsocsfs sdvertsss for eight
sonpetsnt moral teachers " tsks charge Of he pubic
schools IN tins nation.
BIRD CAGE MANDATORY,
i3s Spvtnx Street (bsswssn Wsesssr end Lsursnsl
THE ~ %. klDLn wosis ,aiorn ns ess mo-. .aa the