The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-11-29
PnILApELPHIA, Nov. 26, ls5l

PHILADELPHIA, NOV. 20, 1901.
/. Appearance Of The Prisoner Nth has VIE
Obtaining a .Jury-Judge Grier's Caiaioi
Against The Athens Newspapers, and his Opt
mon thai Editors noao a'days are Litlle To-
Fast Nth their Judgments, DC.
The court was opened at ten o'clock
The prisoner presented very cheerful APP
peaTance and was again accompanied In court b,
Mrs. Hanway. She has been with him during
his ten weeks Imprisonment, nearly or quite
every day, One would suppose that nan with
80 devoted wife, though he might commit tn,
sin of idoIatry, could hardly be guilty of the
crime Of high treason.
The court and counsel proceeded in the at.
tempt to empane jury.
y Ia the progress Of the proceedings for this
purpose, motion was made by the government
counsel to recall Martin Newcomer, after he had
been challenged for cause by the prisoner, for
the purpose of propounding further questions to
him. 10 this, Mr.. Stevens for the prisoner
objected, on the ground that it was irregular
and the court sustained the objection
Andrew r. Whitman said, in reply to one OF
the interrogatories IL have formed some opin-
ion about the matter. took it to be like the
Fries matter which came from the country |
come from"
The counsel for the prisoner contended that
|
lenge by the prisoner. Mr.. Cooper thought not,
and wanted an opportunity to examine the Juror
further After considerable discussion, Judge
Grer said that he thought the Juror had better
stand aside.
Judge Grer then said--I wish to warn the
jury against the influence that may be exercised
upon their minds by journals from various QUAR-
ters. understand that the post Office has
been flooded by these; some especially from
| the Athens of America, have been put into nv
own hands to enlighten me upon the abstrusi
ties of the treasors law, and do not thank them
| ut all for their pains.
Mr.. Stevens trust the court will not for
get to warn the jury against such influence from
another and opposite quarter.
Judge Grier--l have not seen any SUCH but
the jury must beware of them ALL
Mr. Stevens-We have seen them, and have
been as much enlightened on our side, as your
honor by the others you have referred to-
Patrick Brady said that he had formed an
opinion that the Christiana affair was an out
rage Judge Grer said that that was no obiec.
ton to him. He was then challenged by the
prisoner peremptoriy
Strange N. Palmer, from Schuylkill county,
an elderly man, of huge dimensions, editor Of
the PoAspiHe Emporium, said that he should have
no scruples about rendering verdict of guilty,
death being the punishment, if the evidence re-
quired it, in case in which he had voluntarily
taken the jurors oath. He was asked To ex.
plain what he meant. He then said that he
would not voluntarily take the jurors oath in
case which he knew to involve the life and death
of prisoner. The gentleman was set aside
David Lyons said: 81 have formed an opin.
ion unfavorable to those gentlemen" The
counsel for the prisoner thought this sufficient
cause for challenge. Mr.. Lyons afterwards ex-
planned, in answer to question by Judge Grier,
that he meant merely that he had formed an
unfavorable opinion of the transaction at Chris
tiana. The Court held him to be competent
The prisoner then challenged him peremptorily.
AT twenty minutes past twelve O'Clock the
clerk announced that the panel was exhausted.
Only eight jurors had then been obtained But
it was soon ascertained that some slight mis-
take had been made and that there were few
more left;' but they proved to be {" of the same
sort" with most of those who had been called
before. Many are called, but few chosen
The "absentees were then called but il was |
like "calng spirits from the vastly deep" They
would not come.
The counsel for the government then resort |
ed to the expedient of recalling some of those
whom they had " set aside for the present.
Eighty three of those who had been called had |
answered to their names four had been excused; |
twenty-four had been challenged peremptorily
by the prisoner; several had been challenged by |
the prisoner for cause; and the remainder of |
the number had been set aside by the govern |
ment.
The question was raised whether the prisoner,
having once declined peremptorily to challenge |
a particular juror, could revoke that decision,
and challenge at any time before the Juror had
been sworn The court ruled that, having once
declined to challenge, the prisoner had exercised
his right as to that juror and that he could not
subsequently challenge him.
At one o'clock the twelfth Juror bad had been |
obtained. Judge Grier then said that the court
would not sit to .mouow-T Thanksgiving Day
and that the last juror would not be sworn until |
Friday morning, as the jury would be obliged |
to remain together if they should all have been
sworn.
The following is a list of the jurors selected
THE JURYMEN.
L. Robert Elliot, farmer of Perry county.
3 James Wilson, gentleman, Adams county.
g. Thomas Connolly, carpenter, Carbon co.
d. Peter Martin, surveyor, Lancaster county.
g. Robert Smith, gentleman, Adams county.
g. William r. Saddler, farmer, Adams county |
Z. James NJ. Hopkins, farmer, Lancaster CO.
g. John Jankin, farmer, Lancaster county.
~ oolbuiOii A'tWuliilJ hAnitilS COUNTY.
10. Jonathan Wainwright, merchant, Phila.
IL. Ephraim Fenton, farmer, Montgomery co.
IL. james Cowden, mercha Mt, Lancaster county
They are remarkably good-looking men, and
| should judge of more than ordinary intel-
gence. Two of the jurors ere affirmed Az
firmations, instead ofjudcial oaths even amongst
people who are not Qu9kers, are much more
customary here than at any other place where |
have ever attended court Five of the jurors
were Sworn on the book" as it is called-kiss-
ing the Bible, AZ they took the oath and the
remaining five, with uplifted hand, took the fol
lowing oath =" You do swear by Almighty
God, the searcher of all hearts, that you will
well and truly try, and true deverance make,
between the United States of America and Cast
ner Hanway, the prisoner whom you have in
charge, and a true verdict give, according to the
evidence And that as you shall answer TO God
at the Great Day"
Judge Grer cautioned the jurors who had
been selected, against reading anything, best es