The southern press., 1851-12-03
From the Nsw York Herald.
The Treason Trials at Philadelphia.
THE UNITED STATES VS.. CASHIER HANwAY.
Circuit Court If The United STATES

|
Circuit Court Of The United States.
".' SECOND DAY. 49,. .
.. PHILADELPHIA, Nov. &c, 1851.
| Appearance Of The Prisoner with his Wife
Obtaining a .Ja'y-.Judge Grie,'s Caution
Against the Athens Newspapers, and his Opt
man that Editors no,o days are a Little TOO
Fast oih their Judgments, dc.
The court was opened at ten o'clock.
| The prisoner presented very cheerful ap-
| pearance, and was again accompanied in court by
| Mrs Hanway. She has been with him during
his ten weeks imprisonment, nearly or quite
| every day. One would suppose that man with
30 devoted wife, though he might commit the
sin of idoatry, could hardly be guilty of the
| crime Of high treason.
The court and counsel proceeded in the at
! tempt to empanel jury.
In 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 X Whitman said, in reply to one of
the interrogatories al have formed some opin-
lbu aopul tHe LOOK ~ W De Ike the
Fries matter which came from the country
come from" 49,.
The counsel for the prisoner contended that
this answer clearly afforded good cause for chal-
l"nge 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 tn t may be exercised
upon their minds by journals from various quar-
trrs. understand that the post office has
been flooded by these; some especially from
the Athens of America, have been rut into my
own hands to enlighten me upon the abstrusi.
ties OF the treason law, and do not thank them
at all for their pains.
Mr.. Stevens--l trust the court will not for
get to warn the jury against such influence from
another and opposite quarter.
Judge Grer-l have not seen any such, but
the jury must beware of them all
MIR. Stevens--We have seen them, and have
been as much enlightened on our side, as your
! honor by tie others you have referred to. -.
Patrick Brady said that he had formed an
opinion that the Christina affair was an ont
rage. Judge Grer said that that was no objec,
ton to him, He was then challenged by the
prisoner peremptnrily.
Strange n Palmer, from Schuylkill county,
an elderly man, Of huge dimensions, editor OF
the PottSriHs Emporum said that he should have
no scrupes about rendering verdict of guilty.
death being the punishment if the evidence re-
qured 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
wonld not voluntarily take the jurors oath in a
case which he knew to involve the life and death
of prisoner. The gentleman was set aside.
| Davii LYONS said !" | have formed an opin.
ion unIavorabIe 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 Grer,
that he meant merely that he had formed an
unEavorable opinion of the transaction at Chris
tiana The Court held him to be competent
The prisoner then challenged him peremptorily.
Al 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 a 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 calling spirits from the vastly deep" They
woud not come
; The counsel for the government then resort.
I'd to the eyyedicnt 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
twcuty.fonr had been challenged peremptorily
by the prisoner: several mad 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 10 challenge
a pariculr Juror, could revoke that decision.
aud challcng e ut any time before the Juror had
been sworn. The court ruled that having Orce
declined to challenge, the prisoner had exercised
his right ns to that Juror, and that he could not
subsequently challenge him.
At one o'c|ork the twelfth Juror had had been
/. obtained. Judge Grier then said that the court
would not sit To mouow-ThGnksgivin Day
and that the lsSi Juror would not be sworn until
+. iday morning, ~ the jury would be obliged
to remIin together II they should all have been
sworn.
The following is a list Of the jurors selected
THE JURYMEN.
l. Robert Elliot, farmer of Perry county.
. James Wilson. gentleman, Adams county.
3. Thomas Connolly, carpenter, Carbon co.
4 g. Peter Martin, surveyor, Lancaster county.
5. Robert Smith, gentleman, Adams county.
6. William x. Saddler, farmer, Adams county.
7. Jimcs VI. Hopkins. farmer, lancaster co.
8 John Jankin, farmer, lancaster county
g. Solomon Newman, smith, Pike county.
TO- Jonathan Wainwright merchant. Phila.
H. Ephr i'm 'Fcnton, farmer, Montgomery co.
/ IL. mes Cowden. merchant, Lancaster county.
They are remarkably Cood.Iooking men, and
| should judge Of more than ordinary inteIli.
gcncc. Two Of the jurors ere affirmed Ac.
firina;ons, instead ofjud cial oaths even amongst
I people who are not Qrakers, are much more
customary hcre than at any other place where !
have ever attended court Five OF the juror.
wer" sworn on he book" n it is called-kiss-
ing the Bible. ~ they took the oath and the
remaining five, with upltcd hand, took the fol.
lowing oa,h -" You DO swear by Almighty
God, the scarcher Of all hearts, that you will
well and truly try, and a true deliverarce make,
between the United States Of America and Cast