The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-15


ard has decidedly unfsvor.hls opinion Of him bat
thinks he could try this csss iwpsrttsy The trisrs
found tn. challenge true, and the juror wss set aside
Jas kcSawiey called and chsllepg sd for principal
csuss. Has formed opinion to the guilt or limo
If The accused parties; not the so-cssd
Place riot the night OF the 10th Of Msy; had
friend injured or impested In the ARRAY; ths
Of Indictment having been found might make
slight impression my mind hut would influence
as to prevent my acting i'm partially as juror
@. BY Mr.. SHsHwooD, counsel for Matthews" OF
~n nation ss ruled out tn
on my mind has been created princp ally by what
have heard here in court
then peremptorily challenged by counsel
the part Of the defendant, Bennett
challenging Jurors pursued BY the counsel for the
prosecution. Time had been nesd,essly consumed In
the examination OF the last proposed Jurors and after
long out atories the Of Juds0n,
the juror IL perrmptorily challenged by Bennett In
whose behalf no question had hsen put
Judge DAILY said that he had before found occasion
to remark, upon the manner In which this had
been conducted by the counsel for the defence IL
sham. f abuse Of the privilege persm ptory ohal
snge and he bad before remarked such proceedings
bad tendency to degrade solemn trial into mere
Mr.. SaITH asked the Judge II any Of these remarks
applied to him
Judge DAILY replied that what he said would apply to
the counse ell for the defence generally
Mr. SMrrH retor'ed that where rebuke unde-
served it harmless and he did not apply word
of all that had just reached his from the bench
tn himself; such reproof was unjust 1t
merited SO far as his conduct was concerned. he
should pursue fearless course He should never
quarrel with the law tut should defend the rights Of
his clients according to the best Of his abilities,
upswed by courts. counsel, jurors. or witnesses
Judge DAILY observed that Mr. Smith correct, In
saying that rebuke was harmless If undsserved
MI BLANcKMAN counsel for Bennett. here arose, and
about address the when Judge DAILY ask I'd
him" Have you motion to make sir ?"
Mr. BLaNcKMAN" No Fir; but arise to reply to some
remarks made by the counsel for the prosecution"
IAdge DAILY" Then, sir you will sit down I"
Ore more juror called. but not examined;
the Court excusing h on account of sickness in his
family
The Clerk proclared fine Of s25 against each Of
the obsenteej urors summoned in the present panel
in view Of what had passed few minutes previous,
Mr. BUSTED, counsel for Douglas and asked per-
mission to retire He alluded TO the remarks made by
the Court in reference to the counsel for the defence
He claimed honestly and consistently with his
views of legal rights. In all that he had done in
the present and only asked OF the Court that 1t
wopd give him credit for so acting in good faith lie
seemed feel much hurt by the remarks addressed by
the Court to the counsel for the defence
Judge DAILY said that he had not intended to make
any personal remarks In what he had said he spoke
he fet himself called upon to do acting, as he was
in the capacity of public officer
With come remarks reitsrating his desire to bs be-
Heved iDgsnuous In his conduct MIR Busted retired
from the court room carrying his papers under his
drew from the case altogether or only retired for the
day
A. soon as this little scene was over the court pro-
ceeded with its business The Clerk having announced
that the panel OF Jurors exhausted the District
Attorney made application TO the court for hundred
more joryu'ep, to he summoned for Saturday This
objected TO by the counsel for the defence. who
claimed that the extra could not legally be called
unless in due compliance with the law for summoung
PANEL and the counsel for the prosecution
warned that II they pursued the proposed course they
did so at their legal peril The District Attorney was
willing to assume the responsibility however and the
Count gave the order for the Sheriff to summon the
necessary number. The court then adjourned till
Saturday morning. at IL o'clock.
The trers thus far have rejected nearly every pro-
posed jury who bad unfavorabe opinion of the
character Of any If the accused This they have done
probably under the influence Of suggestion made by
the court that 1t would be advisable possible to get
Jurors whose minds totally unbiased In reference
to the def ndants This not a rule Of the court
but simply suggestion to the triers, when they sp-
piled Tor instructions from the bench. The following
10 list Of
JURORS SWORN
]. Joseph Browntr. 156 Greenwieh street.
2. Cornelius Dewitt liquor dealer 1856 Amos street.
3. David Page, public house. corner Of West and To-
/ boken streets
4. Patrick Downey tin smith, 3s7 Grand street.
8. Robert Waterhouse, grocer. 81 Pitt street.
o. Chss. Blackstone, grocer, us Amos street.