The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-05-19

Befor~ Judge Duer
Forrest At three siocf this evening, Messrs ocSuo~
and Chsse appeared before Judge Duc-sto tAAea
special jury struck for the trial OF rac approacia
suit for divorce in this instituted " Mrs Foret
against her husband Counsel having referred to a.
act under which they moved, read the afdavts Of ~
Messrs JoAnvan Bur-n and Robinson attended ~
hehalf of the tef ndant. Er Forrest 1o present
the motion. Dir. Van Bu-en read the answering an
davts.
Mr. Van Buren then said that he expectsd the codrt
to assume that Nothing had eeen done the dctendans
side to prejudice the public mind.
The Judge rn,srked that is admitted that here have
been extensive poblcatons on both sides
Mr. OConor said that Mrs. Forrest herself never
concerned in publication her desire that her
gain extensive irc;ation Much been do:e to iu-
press large portion OF the public mind and thstk tke
very reason why special jury should be grsnt-ty A.
to the statement OF Mr Forrest respecting the Willis
he, Mr 0Conor had nothing t. do with it, norith
the assigned By Mr. Sanford for going with
the cause Counsel then read from the second Re vised
Statutes which state that where ii shall appear to the
Court that fair and impartial trial l. more likely t0ts
had the Court would grant special jury
Mr. Van Buren, remarked that the attention Of ths
Court had been called the the application II
Mr. Forrest to the Legislature Of Pennsylvania,
pcrxcded the allegation that Forrest could nSe-
have fair trial there That followed by writs II
szeos and injspctions These wrs and injuncti,.s
have been set aside Since these proceedings COM
meDced publication has been made By the defendant
After some further observations cour Sc, said that no
knew special jury TO be asked for except in
Of intricacy which ordinary jury could not undee
stand Il Is never granted ON the groundof prejudice &
Judge-sueh was the former rule but has not that
been altered?
Mr.. Van Duren--No, think not If such a course is
adoptd you take away the great privilege Of trial hr
jury and ycu leave the whole selection OF the
hands Of clerk. who names a certain number froun
which thirtysix drawn, and then the plsntf Al
defendant have the privilege OF challenging twelve each
IL ever there a chance of corruption, il
likely to occur in such course. Counsel referred 70
second Wendali and tenth Wcndsu. $40. The Court
woald there that the application in consequence a
excitement would be to change the venue; Mrs Forre~e
has already changed the venue from Phadriphis and
new this amounts to similar application the ground
that she cannot have fair trial here.
Judge-The statute itsef implies, that when fair snA
impartial trial may not be had struck jury L. cnerv
selected from the higher and educated classes whs
are less Likely to be Influenced by newspapers.
ML Van Bwen-Ifthe Court asked my opinion, 1 votAA.
say that prcjudces likely to exist amongst
people Of intelligence and that IL Il the people who
not always reading newsparerv but who have something
else TO do that will imparisily into the jung
box.
Mr.. 0'Conor remarked that Mrs. Forrest had M in
fuenee society that the other har Mr. FORREST
had bee engaged in profession u which he had
listed many warm admirers and friends. Counsel c>a-
tinued to contend that under all the e.
the case 1t was in which special jury should -
granted.
The Judge said he would give his decision TuesdaS
morning