The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-12-13
TWO CENTS.
Court orOyernndT erm,,s

Before Judge Edmonds, and AID smith and Dodge
Dec 70 for Murder John Austin aud
notify SHEA, on the day OF last, Austin AZ
principal, and Nesbitt as accessory after tho fact.
poned the ground that of the senior cou ussl
unable to attend in consequences OF the d,ngerous
illness Of member Of his family; that they had only
lately, learned that the panel Of jurors Illegal
and intended to chslle the whole array aud wish
ed to have the benefit OF his assistance in doing
and offered to read letter from the counsel alluded
to. stating the crcu instances under viii IN he was
obliged to absent himself
CouRr-We cannot grant this application. RI We
DO 1t would disarraDge and suspend the business OF
the court. We cannot delay the public business.
COUNSEL said they were prepared to sho " that the
panel was irregularly made out. the last panel
made part OF the frst and the prisoner was en-
titled to avail himself of the irrrgularty
CoURr-The panel was regularly made out and
summoned, but ordered an additional panel to be
mace out and summoned; and when any OF these ad-
ditonh jurors are called, 1t will be time enough to
n AXE your objection. The court must 90 on
COUNSEL then applied for time to draw up the chal-
rpBe ~" i A., 10y s,te Prepareu TO snow that there
was no juror In court legally competent to try pri-
sontr.
The ATTORNEY GrSERAL replied
CouRr-I dire cted additional Jurors should be in
court this week in order that after the regular pane
was gone through, and that jury could not b. em
raneled, then that the talesmen might he summone
out Of those perfons. This did for the purpose o
saving time, and | cannot zee what that has 60 do
with or how it can invalidate. the regular panel
Lave was given to draw up the chale xe which
was then done and read.
Couhr-we override the challenge, as being prema.
ture but without prejudice to your right offer j;
again.
COUNSEL excepted.
The panel then called over, and Is only having
answered to their Names
The DisrRIcr ATTORNEY moved for taIesmeu
COUNSEL pri,o contended that the order made
on Monday week enlarged the panel aud insisted
that the whole should be called before taesmen
be moved for.
ATTORNEY GENERAL Our opponents assume that
the atGitional jurors summoned part If the ell
summoned for the Court of Oyer and Terminer. This
we deny and insist 1t was only prec .utionary msa-
ture take by the Court in sufficient umher of
the regular panel did not appear; and we are ready
to take ssue with them that fact.
COUNSEL fer the prisoner read the order Of Monday
the 4th inst 1t was not entitled in any cause bur
to be mi de at Court OF Oyer and Tsrm
directed that 200 ad iitona jurors should be sum
moned for this court and Insisted that before the
District Attorney could pray tas the whole of those
mar 9 should be called over.
The ATTORNEY GENERAL said the power OF the Court
in relation to jurors nder the 4th aud Och see
tons under which the original pa mel was made ont
and contended that If the order relied upou bv the
counsel for the prisoner was illegal had nothing to
do with the regular panel which compile to before
the der made, such order having no co
whatever with the original panel
CoURT- Upon considering the matter are Of opiu-
ion that ECO jurors form part of The pan aud
the clerk to call the Of those Jurors.
alter which the challenge to the array III be- received
suffice mt number having answered, the challenge
to the array was received, and ordered to be died.
ATroRNEY GENERAL.-We require o few moments to
consider.
CouRT-Certainly.
ATTORNEY GEssnAL-The only course can adopt
legally drawn, and the jurors drawn and ned are
at and proper jurors for this court
CouRr-Then you agree that the additional two
hundred part of the general panel aud there
fore both tides object Now what is to be done The
only question IL, can we issue n penire not
It the agreed that the panel should be ashed
David Sherry was arragned for the murder OF Edward
Mcclure ana his trial liked for Monday next. The
court then adjourned.