The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-01-06
rour. ogOver nnd Terminer.

new Ororrer ESQ Associate Counsel
IAN e. Trial or pu-s for the Murder Of his VIE
The Court met nj holt mast 10 O'Clock and the rush to
gain adm ittance nnnrnse the avenues leading to
the courtroom being crowded 70 exsess Inc pI,sone.
James NJ smith Jr and Henry L. Clinton and appeared
much care worn and II unconscious oil what was pass
serving on various grounds under the statute-some
being connected with fire and military companies ana
others not being citizens.
John Y Savage sixth juror,) sworn
Normsn A. Freeman excused, on the ground OF ms
opposition 10 capital punishment
George w. CnHre. set aside-formed an OPINION
Hubbard q Stone Like case like rule
John Duncan placed on the stand-cnaiiengea 70 tho
favor on part ofths prisoner Mr. Ciin,on ,r,.. ~,
formed an ornion unfsvorabe 10 the prisoner from what
read; believe every thing read until read some
thing 10 the contrary. Uaughter)
Walter W. Sherwood
Charles A. Harvey. sworn.--(Seventh iuror)
George Miller-Formed and expressed an opinion on
the guilt or Innocence Of the party, Set aside
Charles Middleton Like case. like rule
en- Beach. stated he had formed an opinion at the
in The pewsnaners The question submitted tn the
riers The defence contended that this did not amount
to sufficient ground for exclusion from the jury-hox
The Couar addressed the riers. that would be bet
ter to nut TO this mode of testing the competency
ourors AT this stage Of the trial rnev nan ana
forms trial two men actually wentto attorney and
gave him Zee Of SIS each IN order to intimate to them
some facts to form grounds for the formation Of OPT
Mon II was we'll known that the penny papers pub
Iished matters connected with important trial on
former occasion and fmsn IN order 70 AVOID an imporan,
of high criminal osnce-here was no doubt but this
was perjury which it was not within the power Of hui
man enu;ty to reach by law His Honor after adverng
to the recent ruling OF the Supreme Court this
point went on ssy. that II such ruling could be held
ns the law Of the land II would make mockery Of trial
by iury It would have tho effect of bringing into the
Jury box of ignorance and OF that want OF inteI
eence which would tend to neutralze the ends Of JUS
tjce The principles which 1t was sought to estab.
iish bv this course were recognized two centuries
ago namely, that should stand Indifferent be.
tween the sscussr ana the accused S would ss es
meant by indifference Some judges had gone the
length state that meant that the mind should be like
blank sheet of paper but he should like to know what
this MEANT II il meant that thew should be in total g
nornncs Of any matter connected with the case-fron
we'll be- tried by idiots If the principle which has been
held shall he allowed to apply-snd It was only con.
fined to New York state-it would be impossible to
the United States shoud be murdered at the time Of his
Inauguration. there one in the community who
more or less an opinion from the accounts read and ru
stated the subject and would net be mockery
Of all law ard Of % to S0i Of to
trv the crmiual7 The same principle applied with equal
h, held o that f e. the Statute ss
; s Is: ~ss
render him impartial in the eyes Of the law After fur
Their explaining the views Of the Court his Honor re:
marked in conclusion. that it was purely question OF
The trsrs found the juror incompetent, and he was &C
cordngly set aside.
Of the talesmen Challenged to the favor the part
Of the defence Formed opinion. Set aside under the
large number of talssmen set aside under the
ruling Of the court nothing material having transpred
during the proceedings. The jury was completed at ~
WE w E. Cook. foreman; W. H De Groot. Thomas Ne
nus Daniel N Tucker Francis sm nth, John G. Savage
CHARLES A. Harvey Samuel Jacquelard. John c. Wild
Samuel joyce. Ebenezer Thorne, and Thomas Gentil.
The Clerk of the court here called the Of
the jury and read the indictment upon which the Pri
soner stood arragned and upon which no had pleaded
B. oCosroR ESQ., the associate counsel for the prose-
Yelling at the time in court He said ;-May it please
the Cour-Gentlemen of the jury you have Heard the
:sd Ss n; Of
however painful to our "A feelings to enter upon
the case yet it is duty which 10 now incumbent upon
u.s. and from which cannot shrink this trying &C.
cssion The time which has been passed in empannel:
ling jury, the prosecution considers has been well
jury has, ra ss om evey
BILE impression on the present case You are, in
respect to the circumstances OF this case IN total
ignorance as to what testimony We shall produce /;
your minds are, as it were a perfect blank, and
the evidence alone to be adduced here, is to guide
YOU in your conviction to the guilt or innocence OF
The prisoner (;entlemen--The law against MURDER is
found the instincts OF the human heart Its self act
ing and which tests our nature; but society look
ing to the ofts preservation and security Tor
life has placed the statute its definitions for crime and
it il to that shall call your attention The statute
that or by
other murder when perpetrated by any design
by any act evncing depraved sort oil mnd' AS you
have to pass upon the guilt innocence Of the prisoner
in reference to this chargeto determine whether he
has been guilty of the act with which he charged I'M
der the indictment becomes my duty to state the cir
cumstanccs connected with the case.
On the morning of the 9th OF September last tho pr
made his appearance where his vile was boarding
in this city corner White and Orange streets, at the
house of a Mrs Buchanan He stated he came from Al
bany and wanted his wife to go back with him to AIDA
n.y. About o'clock On that evening he again came to
the house and made enquiries about a dress which was
being made for his wife by Mrs. McAslin. who was
residing in the h9use prisoner subsequently weue
out of the room to his we's apartments In me same
house wnere was bed bureau, and Ia washstand.-
About7 o'clock Mrs Russ not having made her appear
opce al Buchanan sent up hcr daughter TO her
bed room and there foen Russ and his wife lying on the
ped she asked Mrs Russ to come to tea MRS russ
replied that she would aud tho prisoner 10 grun sor,
of voice said she would soon 60 the daughter then
PASSED dow stairs and after remaining there for some
time Russ the prisoner passed her out by the passage
her mother to 20 and call Mrs Russ again to her tea
the girl again went stairs, and on opening the door
there bshsS h hosrG,s from wound
the throat. The prisoner wandered he could not say
where on that night, and the following morning was
seen by Mr.. Abraham Pitcher who arrested him in
Orange street, finding on his person knife and
cigar case covered with blood. He was taken to the
sixth Ward station houses and there remained doubt
removed by the fact of his having confessed the deed II
the station house after his arrest The wound Inflicted
was a severe and desperate under the throat from
an angle of the jaw to under the ear making deadly
and mortal wound These were the main facts Of the
case.
RoIArA BUCHANAN, girl about thirteen years Of age
and daughter OF the landlady in whose house the murde
was committed, examined by John Mckeon, Esq.
District Attorney living at l3l White street, or
tee 9th SepeAber last; know Calvin Russ; saw hin
on the 9th September about o'clock in the morning;
saw him six times during the day; saw him
between and o'clock in the evening; was sent W
from Mrs. McAslins room; sent by my mother to the
front attic room to cell Mrs Russ the door was closed
bed they were lying the bed she lying by the
WALL and he by her side; tod herto como down, tina
by,nin very cross way of speaking; there was q blu
rsau, bsdstesd washhand stand and rocking chair il
the room; went down stairs and told my mother whs
Mr. Russ said; Mrs. McAslns room opens upon the Sc
cond hoor leading from the entry to the attic floors thu
entry from Mrs. Nc Aslins room to the side wei
on the entry, is about ten feet From the foo
OF the stairs to her door is about ten feet
and you can soc up the entire way; ! went dowI
stairs my mother having told me to 60 down and cal
up little girl that boarded with us this was about
-. ln., ,.attl, so touA Nv