The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-13
Court OF oyer and Tsrmixer.
he Hon Judge Edwards and Aldermen Cornell asd
Ward presiding.


Ward presiding.
ARSON.
Nov II Melchlor schpf pleaded not guilty - IN Ia
dicme MT changing him with frloniouy setting 0 the
dwelling houe Of Henry Rhode Of the seventh ward and
his trial set down the fourth Monday IN this sah
The court @sgned Mr d. +. Sckfs q counsel for tss
prisoner
TRIAL OF JAMES DOYLE ron THE MURDER OF cuAR.
LorTE cONSERY.
James Doyle plNccd ~ the bar charged with the
murder OF Charlotte Cornery In Pearl stree, In the
Sixth ward the 18th May 1852 bY Cutting hsr threat
with razor The Prisoptr y large, stout inan, y
years OF age native Of Ireland, and Blacksmith ~
trade The deceased was 90 yeaTs Of age AMI native %
scotlspd The prisoner boarded With htr Cor three
charged
The District Attorney, (Ir n n Blunt) Appeared icr
the prosecution and Messrs Clinton and iggna far the
prisoner ON the juror (IIerman Krube) bslag called
Mr. Clinton challenged him the grounds that NJ bal
expressed an opinion ~ 20 the guilt or Innocence 81 he
prisoner and Gsked TO have trera The District
Attorney took Issue this motion and argued thst The
question should be tried by the Court. The Court ~
ton excepted to the ruling. The juror Was then
and int rogated as 10 BIS indifference bet The pei
pie and the accused and the District Attorney excepted
TO the ruling Of the Court the prisoners right 60 ASK
ajrTor himsth hs TO whether be had formed aai cx-
pressed an opinion.
The juror was then interogaisd he aid IN ansvtr 10
Mr. Clinton that he had the ~ the trans
action in the newspapers aud he then believed them
In reply 10 the District Attorney tbs juror said he bal
not formed opinion 10 the guilt innoceree 81 the
prsonor The court oytrrued the challenge Of the pal
sone-'s council, and @r Clinton excepted.
Of favor, and the Court appointed dessrs George =
Cornell and Wallace trers Of this issue. The Iu
ror then said that according to the account in
the papers, he thought ut that time, the prisoner
was guilty. Question by District Atfornsy-Hs8 any.
thing that you have read produced such bias a. would
prevent an honest verdict upon thu evidence Objected
to. Mr. Blunt then put the question Ia this formfaya
you resting your mind any ba, for against james
Doyle the prisoner The bar upon the question Cf his
guilt or innocence Of the ciins with which he stands
charged? II stated before my oainion whom l read
the papers have rot now any bias that know q
al trtN and M sharFn "A
that the simple tissue they had TO try was, whether
the juror possessed Of bias II he was he did not
stand Indifferent between the people and the prisoner
he was not biased DO was an indiereutjor The trers
found the challenge not true snd the prisoners counsel
challt nged the juror peremptoSily.
Themes Davey, builder, Greenwich avenue, was then
called juror, sud the same form OF questions was
gone through He said his wife, according to the gene
raj rule, read the account of the transaction for
him ont of tho newspapers, at the breakfast table
(Laughter) He does not think that there was any
decided opinion formed on the occasion they thought
II pretty hard case but he makes it ruo never to
form an epinon on n newspaper account daughter
There's always two sides to question: paper gives
ore account and another another account oil transac
District AtorneyHsve you any scruples as to finding
Q verdict of guilty where the penalty ~ capital pun'sh
ment? Any creed is founded on the Old and New
Testument. The juror was then sworn.
James Davis juror was Intercepted In the same way,
10 HIS indifference between the people and the accused
hlr Davis hen
Up to O'Clock the time consumed in empannei
ing the jurors
The challenges were interposed to each Juror
be forward TO be sworn aud the challenge for favor
not being proved, the prisoners counsel in some in
stances exercised his right to challenge peremptosly.
Alexander Mcpherson raid that his conscientious
fcrupes against capital punt hment strong that
he should prefer not being jury in of life and
death He was challenged by the District Attorney, aud
the challenge wasutsined By the Court The juror sad
that there might be cases so clear that he could not re-
fuse to render verdict OF guilty but ii there doubt
Of the prisoners guilt he would give him the benefit
oft
Mr.. Clinton therefore commended that such declara
ton rendered MIR Mcpheerson n good Juror
In to Mr. Blunt the juror sad thst he belonged
to religious denomination who are decidedly opposed to
capital punishment He il opposed to capital punish
ment because he thinks ii wrong
The Court directed the juror TO stand aside, and phi
soners counsel excepted to the ruling
Richard II. Greenwood admitted that he WAS familiar
with the case end had formed an opinion at the time he
change that opnion The District Attorney consented
that the juror should stand aside
Several Germans excused from attending in
sequence of their imperfect knowledge OF the English
language.
UP to quarter past two o'clock there but eight
Obediah Hopkins depoeed, that he had most serious
conscientious scruples against capital punishment no
would not linda verdict of guilty, without the post
tive evidence; he did not think that he could msgine
any chain of crcmstansl evidence strong to make
the guilt conclusive to his mind II the evidence was so
conclusive TO leave doubt OF the guilt of the
sed he supposed be should be compelled 10 render
dict against him. Tho Court sustained the challenge Of
the District Attorney and the juror directed to stand
aside.
jackson Young also stated That hi scrupes wore sach
that he would not convict where life involved and he
directed to stand aside,
Abiah w Swift was challenged on the ground of
scentous scruples In answer the District Attorney
he said he not strict believer in all Christian doc
trnes he not strict believer In future rewards and
punishments; he would not bring in verdict Of guilty
where the punishment was death he would givea verdict
Of in the first degree If the evidence
conclusive of his guilt that the prisoner might get
some degree OF punishment but he would not convict
him If murder. The Court sustained the challenge Of
the District Attorney and the juror excused from fur
Their attendance.
George D. L Ordway was also challenged on the ground
of consccntieus scrupes lie did not believe in the moral
right to nflict legal DEATH II juror he
would not Of course peure himself but he would want
positive evidence Of eyewitneses Of the scene O. IL
found standing the dead body with an in
stIumeDt in his hand and that IL proved that
eae had been the with the deceased would you
consider that conclusive evidence of guilt! A. No
would not If evidence conclusive that there
doubt would be bound to convict, and would do So
though 1t against conscience The ch allepgs OF
the District Attorney sustained and Mr. Clinton
cepted to the ruling OF the Court
John John challenged the ground OF consci-
entious scruplss have scrupes far the law is
concerned but am generally opposed to capital punish
ment; came here with conscientious scrupes but the
time has been used go that am deteimiped to meet
the law and act by the law AID really to be to
do my duty The challenge was Withdrawn and thcuror
Josiah w. Wentworth was also challenged and ex,
cused from attendance the ground OF conscientious
scruples
sener's counsel In to the District Attorney he
said he opposed to capital punishment yet be would
y, IL
The District Attorney then said that he would chal
epge the juror peremptorily, under the act which au-
horizes challenges in civil cases; he contended that
the power sppcs in this the majority OF the
Supreme Court had decided that theAttorney General
District Attorney could chsllenge two pereDptorily in
capital he referred to 9Th Barber, 16l.
The Court had long thought that the Legislature
should pass law, giving sush power to the prosecution
and every endng courts should the necessity
Of but they did not, however think, tina. the
srucon put by the District Attorney the act They
there ore oyerued the challenge Of the District Attor-
ney.
This completed the jury. The prisoners council chs
lepged seventeen jurors pereptoly, and the following
are the ma mes OF thote sworn -
1--Thos Davey, 9th ward. I'll d. Butler 9th ward
2-Jas. Davis. 18th s-Esd Flood 9Th 8
8-Gco A. Peck, 7th 81. johnson, 18th
4-Anty Brewer, 9th 10-R Dogart, 9Th
Slew Baldwin 10th g 11-Jos. Graham 18th
en-. g. Minor I1ih IA willard, 18th
IL four o'clock and the Jadge suggested
that he should be engaged at Special Term Satur
day from which he could not be exempt this should
be adjourned over 10 Monday morning. Even IL they
we're with this trial 1t was not at all pro-
babe tnst it would be concluded Saturday evening
and then would the inconvenience Of keeping the