The New York herald., 1850-01-30
Court or Oyer ana TermIner.
Before Judge Edmonds and Aldermen Franklin and
Concklin

| Court OF Oyer ana Termlner.
| Before Judge Edmonds and Aldermen Franklin and
| Concklin
THE TRIAL OF SAMUEL DRURY FoR AN ATTEMPT TO
MURDER THOMAS WARNER, ESQ, BY MEANS OF
JAN. 20 The Court asked the counsel what time
they thought this case would occupy, and reminded
them that the trial should be finished BY Friday
The counsel for the prisons. said they had doubt
they would be able to accomplish Il:
The District Attorney felt II his duty to say from
the evidence that they would have to bring forward n
aim ost impossible the case could terminate in four
The Court-ws must 60 with the case.
| Though We have before published, In extenso. the
nature Of the offence with which the Drurys stand
charged it may not be here unintsrestng to mention
thst In the early part Of May last small case shaped
warner ESQ Is City Han plac. The box, xhioh was
deli yered by negro boy contained quantity Of ex
pove material. that were so arranged to ignite on
the removal of the cover Mrs. Warner tried to open
it, but the lid being stiff she could not Mr.. Warner
then out Of town, and on his return he hand
ted with slide, without difnculty; but soon.
er had he done than he observed bright
eslisd to his wife and son to leave the room, and
throwing down the box he after them. Hard
tlosion took place, which rhock the building; the
report heard at great distance The lower part
Of the bouss was much shsttered the wall cracked
but person injured IL is with sending this box
and thereby attempting the life Of AIR. Warner that
the prisoners stand charged Samuel Drury, the elder
man apparently about forty.hvs years of age and
has but arm; his general appearance is rather
pleasing than otherwise; he was stred in plain dark
clothes about the middle ststurs he has air
of threwdness and quick, sagacious eye. The son is
some seventeen eighteen years Of age, apparently
smart and active, with very Intelligent countsnsncs
Meesrs. David Graham representing the Attorney
GeperaD; John McKeen, District attorney; AID Mr..
Philips assistant District Attorney appeared for the
prosecution; and Messrs II. Clarke r. H. Morris, and
= Goodman, we're counsel for the accused. -.
Counsel for the prisoners demanded seperate trials,
The ames Of the petit jury were thss called over
ard each gentleman r and smined as to
biz bstSssn II: people and the prisoner
E,snder Chhds,jr. was challenged peremptorily.
William L. hurch admitted that he had formed
opinion Of the guilt Of the prisoner from reading the
newspapers and nom the fact Of the Grand Jury hav
ing found the bill against him.
Judge Edmonds-whst right have you to make up
Mt Church The same right that have to read the
The Judge Informed the jurors that they might de-
epnao 70 Ssssus I man 70 ss2 ss
bad pre- judged the guilt or innocence Of another IL
would be degradation to him (the Judge) il be had
pre-judged the from what he had read in the
newspapers.
Mr. Church said, notwithstanding what he had read
he would find verdict according to the evidence and
the trers found the challenge not true The prisoners
counsel then challenged MIR. Church peremptcrily
Mr.. Firman examined, andidecned to answer
whether he had expressed an opinion on the
Mr. Clsrke-We ark the Court to compel the witness
The Court declined to do So
Mr.. Graham-we join the prisoners, counsel in ask
Ing the ceurt to compel the witness to answer.
Jsdge Ednords-n all creation Joined to ask me,
will do it, Exception taken by prisoners counsel
and the juror vas challenged peremptory
Mir. W II Elphinstone. was challenged pere n ptory.
Mir. Thoma, x Norwood admitted that he vas not
indifferent between the people and the accused, and
vas challenged peIsmpso,ily
sccountsin the sewspspers snrwered not
my wife does my reading. and 10 the business"
daughter The juror was sworn;
Nicholas w stuyyesant said he had prejudice, and
was set aside by consent.
pay stisnen 10 Ds1spspsf rspor, - ,ersa. ,%s..
that is true" Mir. Meas admitted that he had some
opinion the subject, but he would give verdict be-
tween hs country And his God and the prisoner at the
Judge Mr. CLARKE, you ought to challenge the juror
Mr. Sani.We WE will take your honor aa,ics and
| doso QAusbtsr) Peremptory challenge.
Michael Kelly and John B. Anderson we're challenged
AttSe END Of the challenges the jurors stood Is fol-
l. Pau, . D Burbank f0re' name. bSassa GIimm
2, VIM L. Desvons Q. William Tanning.
4, VIM 7. MsckereiL II, Msrcsllus Prior.
8, Ed"d croiius ~ Robert Henry
Mr. Phillips briefly opened the case for the proeeeu.
tiop stated the facts which they expected TO prove
with respect to Mr. DruIy implication In the sending
Of the torpedo to MIR. Warner. IL appeared that the
relation of counsel and attorney substed between Mr.
Warner ard MIR Drury for . long period Of time and
]
csedipgs by Mr. Warner ssApst MIR. Drury, which had
been referred for arbitration.
james b sheys saaminsd ~ Mr: orsnam - nave nave
from 1889 to ls4s; know MIR Drury and Mr. Warner
In Msy last had sonversation With Mr. Drury,
the Grst Of May latter end Of April IL In
the central entrance of this buildings commenced by
remaining to Mr.. Drury that he had had great deal
Of litigation; he answered In the ainrmstivei OK
pressd hope that II would be over; he said he
afraid he should have more troubles he raid that
Tom Warner las he called bim) had been his counsel
At he had ma de %
bli; that Warner had gone to st. Louis; and Drury
ooDPain.d q bis charging The expenses 81 certain
r.msrked that . bill between attorney and client
ought TO be brought taxing ocer; and any illegal
Warren was d. rascal, that he mad been In London
az a cab driver and was very poor when he came to
trodueed him to acme busins,,; while conv,rsins,
saw Mr. Wsrnsr,n and ! remarked " there comes MIR.
Warner nov; to which Drury replied ie: there
tone deep, low and concentrated clear and dis
tiIct, and by means snbguou,; he moved unea-ly,
Drury looked HIM he (Drury) turned slowly round
and sontsmpsted him twsrpsr, With an unfrisndly
expression Of coon'en.ncsi ! DO not recoiect any
4 Gross t1amined.-- have had easual acquaintance
" cecurr, to me on reading the account Of the
machine or torpedo; mentioned II TO Mr. Mckson
sb, ut three vesks ago and to Mr. Warner after that
but mentioned II TO any one before that there
was dsep precision Of expression In his tone; IL
net kis uspal expression; I know MIR Warner ss .
/ n ~
Issstisnsd the oppression be made use Of was not in
I the tsme tore.
o-At What period Of the convsrsation did Druryay,
ain IN himin
/ A About the middle Of Il.
Q.-Did he ssy how he would fix him-vhether Il was
/ by taxing OF BY sn appeal to the court
III he had aid be would blovINr Warmers brains
out certainly would have informed Mr.. W Of but
impression at that time that II In reference
to the bill susseguent events have given me differ
spt opinion.
.Msry Rsgan (sn lrIsh sirD sworn ana examined BY
I Mr.. hekeoR-I en- . married woman no~ live In
Leonard street, with Mrs Foster my name vas Mary
Burns before was married know MIR. Warner l
lived W his family did general house work there (;
! lived with him this time yesr ago, for eight
months; don't know exactly when left him, but
think 10 VAS some time In last July lived there In
May reccilect the Circumstance Of an explosion TAX
ina Ilsee hsre some time In the beginning Of May
rsctlect there wss parcel sent 10 the house the
nigh before the ezploscn, between nine and ten o.
clocks heard the bell rirg and vent to the hall door
and opened ~; ssv the perscn Who handed the
parcel be vas very black person and wore hat aud
cloak; t vss fastened with hook and chain he lust
handed the boz and said, hand Il to Master War.
ner.n
\ Q-Wfst siss wasnf