The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-14

BsryAnIr r. BARLOW oslled; challenged Tor principal
o~p,d w o-,lrvs tbs statsnsnts Il. the psprrs
in ressd TO the occurrence 1t tbs Astor Place were
believe 'h.v we're as correct Is Newspaper
statements generally srs
O. you believe the statements In the papers are
Al believe they are often incorrect correct.
had certainly ne udice favor OF Judson he did
pot trow ~. Ne hsa sr.'ost him. He believes that
riot occurred in Aston Place the night Of the 10th of
May; lie xiso believes JudsoS was there.
10 District Attorneys qssstion, framed accord
ing the statute as To the Indifference OF the jury
man Mr. Barlow replied that he thought he could,
without rreiuaire urira"spcsd by pref udtce II he
Mr. Sm,rn urged, ia argument against Mr. Barlow's
esmpet.ney to sct ~ jury ss that ne (Mr. mad
distinctly ated that he believed that riet had oc-
CURED Now said MIR smith. it 10 question Of Law,
rot yet d-ciotd whether n riot did occur iu A,tor
bnS answered With sreat fairness hut in such answer
had .ck navlede-d that his mind was made up as to
enc points be tried and he had alss expressed
a belief that JudsoD was there.
Trers prsnouu ced challenge not good Defence then
HrA~ g. BLooMER called, and challenged for princi-
pal cause.
Al did not previous to seeing him In court, In this
Q.-Hsve you formed or rxpreased any opinion in re-
gard TO the i'm or guilt of the Defendant
A.-No. sir Challenge withdrawn, and challenged
for favor
a D,d you read the account OF the transactions at
the Opera House?
Al did.
O. Did you believe the statements?
A Il did. so A. far statements are concerned.
O.-n,d they charge Mr. Judson with being one of
the rioters'
A.-rh-y did.
Q.-Has anything since occurred to change your be-
Question by the covnr.-what do you understand
throwing brictbats and stones.
Mr. SaIirH.--i suppose that sufficient
On. 81 the tiers arose to ask definite instructions
judge DAl, instructed the triers generally, but
marked that the decisions apparently huctusted aud
this very antr.pr. evidence possible that
definite rule could be given which should govern
all ossss After all 1t must rest In great messur" with
the trers to dtteTmine whether the Juror Dc inahe
rent or not.
Az ibi- stage Of the case, Mr.. Bu'rErp arose and
asked the Court rule whstner eash defendant
was 90 be entitled To i've prreI ptory challenges!
Mr. whrtNc Tar the posecution, objected TO the ap'
plicstior hsng out of order at the present time
The Couk1 expressed itself IN favor of the opinion
that each defendant was entitled to I've peremptory
cba.rges but Iucge DAILY refused TO give decision
at the present time when the five challenges which
conceded should be- exasusted then would DO the
proper time 10 Derpose the question now offered The
court had expressed view, but would not give de-
cision bit :he present time
BhNJa~,N ID 8RusH then called. aud sworn He
was chslleugsd for principal csuse-then for favor
Odd you read the newspaper accounts OF the
Astor Place riots
Q.-Dia you read what stated unfavorabls to Mr..
Judsop,
A.-wbst read was favorable to him. Tread the &C
counts in his paper.
Bfush accepted b, his council
MIR BU.,rru tn c all, nsed the juror peremptorily
on the part 81 ID. ug
Jo-tPH Bnows,r WAS the next juror called
Challenged by Judsop for principal cause
@. Do you know Dir. Judson?
q. Prem what you have heard ar What You have read
have you formed opinion - to the guilt or inno-
oeDce - the -teDdant, Judson'
A. ! have not.
posed ep the following grounds;-
That be Las formed opinion uniavorsble to the
that he believes there n riot at the place and
time alleged in the Indictment
That he has II bia- uuf.vorsbe TO the defendant:
Totbr I, ,tie tions the District Attorney joined
issue With def rdants counsel ON the LIST aud 3D. and
atmuIr'd 70 the I'd.
OBJ Mr. sMrg-Mr Browper, do you know Mr.
A. Only Fl, m avns seen him in court;
Q-Dtd you not know that h. vas indictedf
A-Not till had seen his name on the calendar at
Cbsilrrge Withdrawn and juror sworn; therefore,
tie trs juror j. Joseph Brcwner Of No 1853 Greenwich
The next juror called Cornelius Dewitt. Chai-
Ter geo far principal cause.
Q-Didy'u bar q the Aston Place riot
Ith,pk did a. tn. time
Cb.IIere. ~iibdrasn and challenge for favor inter
poted, on tho trt and third grounds before offered
Q-Had you any hiprds pjur.d ct the riotg
A.-No. p'iiber friends nor acquaintanccs
Cbsllrnr- Withdrawn snj juror accepted
Second juror IL therefore. Cornelius Dewitt, OF No
136 Amos ''r' ct liquor eeslrr
NJ Br-xn-r and hr Dewitt being sworn ~ triers the
other tii.rr relieved
wiiuot wniam. c.ll.d and ersm'ned asa juror.
ienee wit drs~n and juror challenged for favor Has
formed opinion from the statements In the papers,
resides at ~ NcDougsl street and 10 . merchant
dealing 60 naval stores never belonged to . military
con psny he'd no fri-nds injured on the ocoaioo re
ard the juror psrrmp,ory challenged by counsel for
Douglass.
Christopher pelsno called and tried as TO oonpe-
tercy
C6alh paed by Douglass and Judson for principal
M , o, .,,sn S S,s e,nc,osi es,ss
wtbd avn W both counsel aud challenge for favor In
o-From What you read In the newspapers. do you
believe there the night Of the 10th Of Nay
Isst9
A Imost certainly do
o.-Hss tn. fact 81 these persons having been In
di.,sd nsa 'ny innnrne- on -FOUR mind
eelf ard knew 81 q person b~iog indicted with
cut tb-r. evisencs enough to convict the evil
o-updsr ,ueh circumstances do you think ycu
have NO prejudice against the d-fendsnts'
Al think could oct impsrtislly rs juror.
g., Br Jrrso.,s co.,,.t.Ilavs you formed any
None except such rs ! have derived from his
Mr b,.pc, IN reply to questions. expressed himself
as having dislike 20 Judson from having reed his
paper: but tbi. he did not thsk could prevent his
setting inpsrtisly IN The capacity Of juror between
The new triers we're q long timr coming to q eonslu
sion. hut frsiy found the chsl.pgs true and Mr. De-
Le-i.s bod ga. called aud challenged for princips
Q-D. you snow what Mr. Judsou 10 indicted for!
Ayes. have learned since I came into court that
% vse for participation in the riots. Chsllsoge fer
principal cause withdrawn.
have you forued any opinion. favorable or un-
fsvorshlp IN ., fer.rce - Mr. Judsoni
A hsvdly kpc~ Whist 20 answer. counsel From
What have read and heard. have formed rather
unfsvorsbls opinion q his moral cbsraster.
In reply TO q question from the District Attorney.
Mr. Dod thought that h. could sit juror In this
case With impsftislify
The Court ,ues.s'sd to the trers that the safest
probably ~opd he that whore juror had form
ed opinion vnf-vorsb. to the moral character OF
any 81 the def ndsnts IL would be bst TO reject the
juror
The triers declared the challenge not true, and Mr.
bod va p-rem ptotilv challenged
David fsg~ esll-d and seorn.-wss at the Aston
Place Opers haus~ on the night Of the rst:
side the h'us~ rad no friends injured: know Mr.
JuJson vben -, him believe there 9 riot there