New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-03-02

Q-Have you been engaged in discussions in this
msner with the friends OF defendant
| A.-Fot ON this case.
Q-Have you in reference to another case which
has been uied since : objected TO and objection
| allowed.
Q-Do you know such place as Atwood's public
house
| A-Yes.
Q.-Wbat is your occupation
Am Engraver.
DID YOU speak of this case at Atwood's'
Al may have said there that was summoned as
Juror In this case, but have no recollection Of say
ing nytbirg else.
Al believe was there on Saturday evening ana
Odd you know when you were summoned that
this case was coming on
Ayes.
Q.-Whom did you see at Atwoodsi
A.-Isaw Dir. Atwood, Mr.. Clark, and two ofthree
Q-wss this case the subjec. Of conversation
therei
Al think not-I have no recollection.
Q-Were you challenged here By me Q tlstie
bit ago!
| Ayes.
Q-What countryman are you'
| Al was born in Ireland.
.Q-Dont you remember we had discussion
about your forming an opinion on this case Few
minutes agol
| Ayes.
Q-Were yeu irritated at that!
| Al was at your language.
| Q-Are you uritated with me still
! A.-Ne. have no prejudice against any one.
Q-Wore you not irrtatod against me, and then
you said that l insinuated you were bnoed BY the
| other party to come here as a Juryman' OBJECTED
| to-
rot TO be permitted to SANDER and make observations
to irrItste and insult the witness. Question with.
| drawn.
Odd the impression made on you BY the charge
| made by Mr.. f. against Mr.. W., pass from your
| mind!
a. A. far as any prejudice against you and your
| client, l have none.
Q. Do you think you could try this case the same
If you heard Of the parties, or VI this case,
| or Of the testimony
Al think could.
Q.-Have you conveised about this matter at any
other public house
A.-Never
Q-Do you know public house in Drvision-st.,
and were you ever there
A.-Yes, and l was there on Saturday night.
Q.-Wbo did You see there
AIR. Gardner.
Q.--Was not this case spoken off
A.-NO.
Q-You spoke ofhavrg formed an opinion when
you hea OF the oifiiculty has anything occurred
to change it since!
A-Mr. +. did not sue Willis, and therefore did
not believe the chagfe.
Odd the fact Of his not having sued him con-
vince you that he cid not believe the charge
Objected to, and objection allowed
Q-How DO you know the charge had not been
tried
Al don't draw my inference from that, but from
the evidence Oh the trial of MI and Mrs Forrest.
Q-What inference co you draw fiom that OBJ
jected TO, and the objection allowed.
The case was then summed up BY counsel on each
side, ard The Judge charged the Triers, VINO found
that Mr.. CLARK was not an Indifferent Juror, and he
was set aslco.
The following are the names OF The Jurors
Henry Beuaid, Foreman Edward NJ. Newoold,
Joseyh Craig, Abraham N. BInniDger. c. w Mabis,
Ebenezer Cook, George Jackson, Andrew Knauer,
Peter Close, Geo. Andrews. Patrick Crane, Vim. ID.
Combs. Tie TJiers found a verdict that Mr.. Clark
vas rot Indifferent between the parties, (having
| formed CD oyiLion,l and VIM. ID. Combs was called
in his place, TO whom the counsel for defense made
| no objection
| The Jury was then complete. tEach party in a
civil suit has right to two challenges perempsory,
and also right to challenge for favor, &c.l
AesLteman named Minnery pefemptorily
| challenged by plaintiffs counsel, and MIR. Outhart
| perempoIiy by defendants. Mr.. Murphy was Oh
jected to by plaintiffs counsel, and by consent,
| The empanneIing Of Tie Jury took place in the
main room, and the Gaze adjourned to the branch
room.
A short recess was taken by the Jury, after which
(about 40 Mr.. Sanford opened the for plaintiff
stating that Mr. Willis on an afternoon o. .ta
| Ground when cowaidly and dastardlr attack
was made upon him By Mr. Forrest. Mr.. Willis
being at the time under physicians HANDS, &C.
| Who came up behind him, knocked him dow by
| blow OF his FIST and while down held and severely
be at him. Mr.. g. alluded TO the physical difference
IN strength OF the parties the standing In society,
the necessity OF n Jury protecting the physically
eak sgaiI st brutal force IN the strong, &c On the
| case formerly ming up, there was disposition on
the part OF plaintiffs counsel to permit the defense
to go into testimony which they said would tend TO
show pfoYocatIon & c. but from the trlai which mas
been had since, that is no longer necessary ara
presumed the Cour IN pursuance OF our intlmA'ion
expressed by the Judge who sat last week, Will pSImH
no testimony but such as viii be relevant to the
| case. The Cefen,e on their PVT, deny that NE
defer came up TO Mr.. Willis from behind but
will be shown that he did so. The counsel alluded,
in forcble manner, to the case and trusted that
the Jury would give such a verdict as would nor
only prevent defendant from repeating the attack,
but be warning TO others
Ann Hsr,es sworn-My maiden name was Ann
Mover reside now in Bleeckerst. resided year
ee O last summer in Cornell la-st was IN Washing-
top.squaIe nth June 1850, ta~ three men sanding
there supposed afterwards from circumstances Mr.
Forrest who Is here, must have been one OF the
three entered at corner Of McDougal and Fourtn.
SIS saw gentleman come IN, whom uncerstooi
aflerward 10 be MI Willis he took the nexs path
| to that was in, leading toward University place
saw OF Of the three approach Mr. Willis said to be
| Mr. Forrest he knock ed MIR. w. down ne came
up to Mr.. Willis behind or at the sice ne walked
pretty fast across the walk which was IN, and
fan across the grass toward Mr.. W.; he struck Mr.
| w as soon he came up to him no words wefe
| said that heard was net a great distance from
| them Mr. w. fell forward Mr.. l. held nun Town,
took his cane out OF his hands and struck MIN sew
ersl times; could not tell how many times Mr.
| w attempted to get up, but Mr. held MN GOWN
| had bold of him some where about the collar or
| shoulders did not any persoa interfere eu the
| policeman cameup Mr.. w. was upon the ground,
| and Mr. Forrest striking him.
| C,oss srnminfd-Have been since 10 Pernylva-
! mia; returned about two months ago have seen
| Mir Willis in Court also in the street, and a. ms
| house once, and at another time went 70 shs oooI
went there FRS. time sy bsing sent for by counsel
| hs asked me some questions 1t was since 'he last
| trial was examined at last trial was coming
| from Broadway, when l entered the para, MI.
Willis entered the park after came In i was pro-
baby half way or more through the park when l
| saw MI Fonest there was no person with me
was going home Mr.. Forrest crossed the pain N
which Was. IN front of me, toward Mr.. w be
stood, when saw him, by tee and bench which
we've along the si6e Of the path two gentlemen
! were with him CO not know who they were
saw M Willis enter the gate from Macdousai-st.
| alter came in from Fourth s:.--a diagonal path
he passed up the path and passed me on the Other
path and Mr.. Forrest passed toward him Mf W.
| was a little way further up than was l stopped