The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-27
THE TREASON TRIALS AT PHIL ADElP HA.
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The United States vs.. Cashier Hanway.
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Circuit Court OF the United States.
SECOND DAY.


Circuit Court OF the United States.
SECOND DAY.
SPECIAL CORRESPONDENCE OF THE N. Y. HERALD
PHILADELPHIA, Nov. 26, 1851
appearance Of the Prisoner uim his WIFE Obtaining
Jwy-dge Grer's Caution AGAINST the Athens Ners-
papers, and his Opinion that Editors nov-a-doys
Little Too Fast ueith their Judgments, &c.
The court opened at ten o'clock.
The prisoner presented very cheerful appearance and
again accompanied in court by Mrs. Hanway. She
has been with him during bis ten weeks imprisonment
nearly or quite every day One would suppose that
with devoted wife, though he might commit the
sin of dolay could hardly be guilty Of the crime Of
The court and counsel proceeded in the attempt 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
by the prisoner for the purpose Of propounding
furt questions to him To this Mr. Stevens for the
prisoner objected the ground that it Irregular
and the court sustained the objection
Andrew K Whitman said in reply to one Of the inter-
rogatories"I have formed opinion about the mat
ter took it 10 be like the Fries matter which came
from the country come from"
The counsel for the prisoner conte nded that this
prisoner Mr. Cooper thought not and wanted an op.
portunity 10 examine the juror further. After con-
siderable discussion Judge Grier said that he thought
the juror had better stand aside.
Judge Grier then said-I wish TO warn the jury
against the influence that may be exercised upon their
minds by journals from various quarters understand
that the post office has been flooded by these; some
especially from the Athens Of America have been put
stiles Of the treason law and do not tina nS them At ali
MI steveps-I trust the Court will not forget to
the jury against such influence from another and
opposite quarter
Judge Grier--I have not any such but the jury
Mr. stevens-ws have seen them, and have been
much enlightened on our side, IS your honor By the
Patrick Brady .aid that be had formed an opinion
that the Chistiana affair was an outrage Judge Grer
said that that was no objection TO him lie was then
challenged by the prisoner peremptorny
Strange N Palmer from schuyiknl county ED erly
man Of huge dimensions editor Of the Posuie Journal
said that he should have no scruples about rendering
verdict Of guilty, death being the punishment II the
evidence required IT, in case IN which he had volunta
What he meant, He then said Tia, be- would not Tdlun.
tariy take the jurors oath in q which he knew to
involve the life and death Of prisoner The gentleman
David Lyons said" have formed an opinion unfa-
vorabe TO those gentlemen The counsel for the pri
Lyons Afterwards explained In answer to question by
Judge Grer that he meant merely that he had formed
The Court held him to be competent The prisoner then
At twenty minutes past twelve O'Clock the Clerk
noupced that the panel exhausted. Only eight
Jurors bad then been obtained But 1t was soon sscer
tanned that some slight mistake had been made, and
that there were few left - but they proved to
be Of the same sort with Of those Tho had been
called before. Many called, but few chosen.
The sbsentses' we're then called but Il was like
calling spirits from the Vastly deep They would not
come.
The council for the then resorted to the
expediept Of recalling some Of tho.e whom they had
set aside for the present. Eighty three Of those
who had been called had answered TO their four
had been excused twenty four had been challenged Pc
remptoriy By the prisoner; Lad been challenged
w the prisoner for cause and the remainder Of the num-
Ter had been Get aside ~ the government.
The question raised whether the prisoner having
once declined peremptorily to challenge particular
juror could revoke that decision and challenge at any
ZINE before the juror had been sworn The Court ruled
that having declined to challenge the prisoner bad
exercised bis right to that juror and that he could
not subsequently challenge lin.
Atone O'Clock, the twelfth juror had been obtained
Judge Grer then said that the court would not sit to-
@o,ESr ~ pay and that the ,, juror
would be obliged to remain together they should all
have been sworn
4. Robert Elliot farmer. Of Perry county.
q james Wilson. gentleman, Adams county
g. Thomas Connolly, csrpcn inter-, Carbon county
:. Peter Martin, surveyor Lancaster county
6. Robert Smith. gentleman, Adams county.
o. William r. saddler, farmer Adams county.
Z. james N. Hopkins, farmer, Lancaster county.
5. John JsDkn. farmer, Perry county.
o solomon Newman, smith Pike county
10 jonathan Wainwright. merchant Philadelphia.
IL Ephrsim fenton. farmer, Montgomery county.
IL james Cowden, merchant, Lancaster county
They are remarkably good looking men and should
Judge CT more than ordinary intelligence Two Of
The Jurors affirmed Afhrmations instead Of judi
cal oaths amongst people who not Quskers
much more customary here than at any other place
where have attended court Five Of the jurors
were tworn the book II 10 cslled-kiseing the
Bible AZ they took the oath and the remaining FIVE
with upIifted hand, took the iooripg OATH" You do
swear 81 Almighty God the searcher Of all hearts that
you will well and truly try and true deiiverance
make between the United states q America and Cast
ner Hsnway, the prisoner whom you have In charge,
and true verdict give according 20 the evidence And
that AZ you she'll answer 10 God AZ the Great Day.
Judge Grier cautioned the jurors who had been select
ca against reading anything besides the Of the
day in the newspapers lie said IL vas formerly Gus
tomsry for the press TO defer judging until they
should have been determined by the Judiciary hut the
practice win many papers at the present day was 70
Judge all matters In advance Of the courts
Mr. Asbmesd viii open the csse for the government
Friday morning Senator Cooper will make the
closing address to the jury the same sde whenever
the time for n shsll arrive.
The continues crowded The best Of order
uniformly preserved Several ladies are regularly in