The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-16

BROOKLYN CITY COURT.
Before the Hon. Judge Greenwood and Aldermen Leech
LefTerts


received any assistance from the sheriff hal only been
enabled TO twenty three Of the fifty Jurors,
day before, been drawn from the box and Of these only
six were personally served Sixteen were In attend
and the atsentees summoned To show cause
why they should not be fined for their default.
The court excused five Of those present; one was re-
engcd. and the remaining eight were sworn to serve
thus completing the jury, which stands -Ezekiel Bald
mond Carrot T. Bergen, George G. Ripley Henry Row
land John Carroll, Alexander Bcatie, John H. Cautne
William Collins, and William H. Mellon.
On Mr. John Carroll being questioned he replied that
If he had doubt it was rather in favor of Dnry
The District Attorney objected to him. but Mr. Clark
said twas too late for the prosecution now to chal-
cnge him. lie clearly good JUROR. for he was only
in doubt he had no bias nd they would withdraw their
The Judge thought thst they had not formally chsl-
lengcd it was merely mode OF examination adopted by
both sides crtan the feeling Of the jurors called
Mr. Clark sxid that was the case; he challenged
them all they called he would refer to the re-
port in the Herald Of that day, which he held in his
hand. and which quite correct, he thought us to
The court could not allow that and after a short dis
cusson, the District Attorneys challenge was allowed
who chal pgcd for principal cause on the ground that
the juror had formed and expressed opinion the
matters at issue in this
The defendants counsel took issue upon this challenges
and second question to whether it did not in
ternincd by the Court. tr RS appointed, when the
latter adopted by consent Of both parties and
Hessrs Baldwin and Downs the first two jurors sworn
+ appointed to try the challenge
The juror was then examined by Mr. Wsring and Mr.
X.
the prisoner but would try the issue according to the
evidence.
Mr. Whiting addressed the trers and stated that the
defendant had been pursued by species Of newspaper
hostility, equaled in the history of the known
world but he had passed through every trial that he hld
been submitted and justice had been done him This
with all its details would verify the adage that
truth stranger than fiction" The whole Of the
difficulties in which he had been involved from the
unfortunate fact Of his being acquainted with certain
parties. All that they asked. and all they asked,
trial before men whose minds were unprejudicod.
Almost every jury called had said that he had permit
ed these newspaper stories to make an impression on him
against the prisoner Some Of them had stated that they
could still try the issue and give impartial decision.
Now to such they DESCENDANTS counse had no objections
and was il not most uufair not admit who had
a contrary opinion. This juror had such doubt
would deter him from finding him guilty If they
/ could prove him guilty. lie submitted if they (the
gentlemen Of the jury surrounded by difficult
tes-the result Of conspiracy, such as they would
show had existed in their clients case-would they
think it fair upright to exclude such juror.
Almost all persons had an impression Us to the guilt or
J innocence Of an accused party. Let stranger who
Drury his trial for forgery and his first impress
sion would be that he WAS guilty or he would not have
been tried arrested Another might say have known
him for thirty years and he Is honest man. They
would both have impressions, but would still be good
jurors to try for they would stand indifferent and de-
termine according to the evidence But it had been
suggested that juror might decide contrary 60 his OPT
nion. That not safe conclusion, unless it were
shown that he had tried to be on the jury This gentle
had simply read the story and said that be So it
locks like conspiracy; and he had doubt which very
doubt struggle in his mind between that idea and
previous prima facie impression Of his guilt. Was
that making up impartial jury 1t was the LANGUAGE
Of the law the mandate Of the mandate Of hum
nifty and charity to believe the accused innocent until
he found gulty-a sentiment and feeling which
came home to the breast of every They had al
Ways aked the gentlemen 10 put the guilty parties under
bonds but the public prosecutors had suffered them all
10 run away, and they thc defcndant( remained It
had far progressed, and he had no doubt it would
finally those who knew the parties concerned said
it would from the beginning The learned counsel was
interrupted by the court observing his remarks
ievelcnt to the question before them, and after
few further observations
Mr.. Waring spoke the part Of thcprosccntion The
,rrs retire, and shortly returned having found that the
District Attorneys challenge not true and the juror
was accordingly sworn IL was then arranged that both
challenges should be made together at the tmc
and that the court should try those for principal
and tricrs those for favor 1t afterwards discovered
that two tacsm,n had been summoned by the officer that
morning. who had not been drawn from the box Of
whom Mr. Cornelius J. Bergen said that he had formed
opinion that Alr. Drury very great scoundre
Mr. Clark wanted at least gent cmanly language, and
the juror ordered to stand aside; he
Juror at ail-t had been arranged that all should
b. drawn lie understood there was a Mr.. Mellon pre-
sen; who had been summoned but had not been called
hht had he understood been ma ie to convict his c
ent by packing jury.
The Judge said unnecessary to make any remarks
rejecting any demonstration Of an cndeavor.
ar Clark said he did not say HIMSELF he remarked
that Mr.. Drury had ideas that 1t was 80. He (Mr. c.
@ n y, s s spsw that hI hut oo wb & c. hi
had such fears, and stood there in terror it his
bound'n duty to protect his rights. Dir. Mellon
then called
Mr. clark would state another circumstance. When
Thompson who the getter and inventor Of all this
sheriff of the county had been his bail and they did not
want that sheriff who had been associated with Thomp-
jury.
Judge Greenwood said. the sheriff had had nothing
to do with ompanncllng tho jury-they had all been
drawn from the box and if the officer had summoned
any taiesmen, that was an ipadvertence
Mr. Mellon then examined and his proving
satisfactory he was sworn thus completing the jury
above stated.
The counsel the prosecution then asked for an ad-
Journment till Tomorrow morning IL being then about
2o'cock. They unprepared principally account
Of the and dangerous Illness Of Mr. waring IA
tbcr, who was ON the point Of death and Mr. W. in
constnpt attendance him. The defendants counsel
wished the case to proceed today-surcly they all knew
enough If IL to 90 1t finally settled that they
should proceed. and sit from day to day till o'clock
After IL short insulation with his associate,
General Duryca. the District Attorney opened the
in doing which he said it would be necessary on
the part of the prosecution to ctan them longer than
they would 10 i'm the ordinary case Of such am inc,ment
forgery in the second dcicc. 1t became necessary
for them To exp nj more time In this case because
there were several matters connected with II. Tho ques
lion II Mr. Drurys guilt innocence with
other transactions outside the mere possession Of the
counterfeit blls. lie then procc.aed to read the 36th
section Of the Revised Statutes. under which the ndic
ent frame for having ia his possession certain
coun.ifet bills. with intent &c. There other
ton applicable 10 the other counts i'm the indie but
that the principal There had been other ndct
ments pending against Samuel Drury The charge in the
Ia be- tried consisted IN thsIn November 1919
be mir. Drury) had In his possession the Brooklyn
Heights four bills II the Eagle Bank purportng 70 be for
ten dollars each, but alleged to have been altered from
ones aud consequently counterfeit and fraudulent He
Rad them in biz possession at the time Of his arrest
smother charge The purpose for which he had these
bills wlthcr or not he meant 10 pas- them was the sub
.ct matter into which they had inquire. A. incident
To thiF IL had been intimaicJ To them. the
tiors, Whether he knew them to be counterfeit and
whcthr he received them from any other person That
these ILLS received from Mr.. Thompson the al.
legation Of Mr. Drury. They (hc rrosecuon made the
allegation that they not given him Ny Mr. Thompson
al all but that Mr. Druiy had the bills for purpose
connected with Thompson. and which Thompson knew all
about; and which connected with the manuact
of counterfeit. bills to several large amounts In various
parts Il the country by means furnished by Mr. Drury
ThcmI 'on was N 1877 irelusa, ~ communication and
connection with Mr. Ashley Mr. Drury aud several other
persons connected with crime Mr. Warner, Bristol Bill
Meadows. and other persons II that kind. Then
the explosion of the torpedo box at Mr. Warner house
Prom that time. their story Mr. Thompson
determined TO find out ho concerned In u. aud |
deliver them up to justice; aud to inspire them with