The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-02-17

The Oour-I don't see what that has to Do with this
subject. It IL after the aots charged. r
II 20. have loosely talked about oysters In
before thu conversation with Christsllar
Al have spoken loosely.
The Court-Who commenced this conversation on
A-Mr Chrstsllar in regard to this suit mean that
part Of the how hard Il Is to pay for what
they never hadn was speaking to others at the time
Question BY the Court-Did he say how hard 1t is to
make people pay for oysters In connection with the
vsraon about the synagogue In williamsburg
Al thiy not; should say positively So because
that conversation occurred before the other they
two separste conversations
By MI Clinton-Was thai last conversation In the
presence and within hearing of the opposing COUNSEL
1t not.
o-state whether or not number Of people we're
-Ihere were few here, but the most Of them had
gone
Q.-shoud you judge there many a, twelve or
Al should not think there were so many; stu In q
like this, the number of twelve hfeen would
lock TO be but few.
Mr. CLIFTON submitted that there was no improperly
the part Of the accused proved aud that the whole
examination shows that he bad no Intention to say
ought to sway or influence the juror ii there had been
the slightest tsmperpg with juror he 1.-THE counse)
would be the first to call upon the court to nterpose its
authority.
The Court said tina. this was not cas.d with the high
err CIDER OF oGences yet it important one tam
perips with the administration OF justice, wss an offence
attepp TO interfere With juror 10 the progress of
case is misdemeanor and the Court inclined to
commit this party for the ofencs My own understand
ing c the case ssid The Judge, is that this Is guilty
Of the ofence charged sgsnst him The conversation
commenced In this court room; 1t WAS commenced by
the Juror introducing the subject matter Of this suit and
followed by the remark from the accused OF the
harhips of being obliged to pay for what they
never had the whole tone of the conversation had the
tendency to influence II not corrupt the juror Under
that view OF the therefore eha commit this par
y unless he ind IS 600 bail for bis appearance Tor the
nis1emeanor
Mr Clinton-For how long,
The Conrt-l commit him for crime which is INSIDE
Mr.. Cuutoa-we may rsst this decision BY q ia6sas
t@Ins
The Court-You may test it in whatever manner you
Please but yeur remark is exceedingly improper am
setting here ss a committing magistrate.
Mr. Clinton ,aid he did not mean bis observation ofen
eveJ his honor insisted on committing the accused
they would put in bail.
TIE Court-You ask me sitter bad reviewed the case
TO suspend my decisont 20 admit in fact that had
power 70 decide as have done
Gr Clinton sad he had asked the Court 20 delay ths
commirsl.
The Court will commit the and he can yivs bail
Mr Cinter-We will give bail row He asked how
ever that tbs other case should be disposed Of in tina
Edward S. Mcpherson, eli arged with similar offence
was then called to the stand and examined.
by Mr. Clinton State whether snce this trial COM
mepced, you have spoken TO any juror empaneled in
the case, on the sutject matter OF tho trslt
A.-Not knowing him to be juror.
QLook at the jurors here, and soy you have spoken
co auy of them On the subject.
A-Not to my knowledge; one of them (Mr Hebard)
was present. on Friday or Saturday afternoon after the
ocurt adjourned, while WAS converting with Mr.. Van
derpoo 1t was on Friday
Mr. Clinton Tho charge is that it wa, Saturday.
Witnsss 1t wss on Friday am convinced; Mr. Van.
Piled in gard 60 Mr. Levi that in my opinion ne lad
to do with balls than had; then relsted to
bin the fact OF his (Leyi being In company with
that evening from nine and half to two and half
o'clock; wa. then inquired Of by Mr. Noble OF the
council for the plaintiff If arguing the case re-
piled it none of his busnesste mini his own ou
sad wonld mind mine be then asked Ii knew
that that gentleman was juror pointing to gentleman
inside the ras) the gentleman was talking to out
side the rails; replied did not aud begged hi, par
don for my remark was not aware that he vas juror
auror at the time Of the conversation with Vanderpoo
jGst detailed by .ou'
1T was true it is true; did not notice the gentle
man on the jury did not know he there and fur
thernere bad no idea OF conversng with him; my
yersation was not addrsssedto him
Q-Do you recolect whether SIR. Darcy, the n.tor.
sey in the cause present at the time? He was
standing there at the time Q-Was the conversation
between you and Mr.. Noble loud enough for Mr. Arcey
co hearl
Ayes cir.
MIR Clinton here stated that the witness va. arrested
on the affidavit CT Mr Darcy
The Court to wtness--How long have you been In
attendance IN this cause Three or four days, of
and 40 not rccscs any Of the jurors except one,
(Lapgbter). Q-What did Mr. yanderpool say 10 you
Ike asked ne what kraw in relation to this bali;
The Juror YEA n bearing Of tie remark; Mr. vauder-
tganiosd wtr as Saturday; I have positive
recollection whether did or not have any conversation
With Mr. vanderpool before in reference TO this bali
Did the juror say anything in reference to this
vertation' Al have 10 recollection.
Jacob yanderpool Jr was called and being interro'
gated by the Court deposed was convsrsng wi IN Mr..
Eebard, the JUROR and during hat .sv ar. Mcpher
son Q-Whst was the conversation about Ale is
81 old customer of mine had nc conversation with him
respecting th. suit; he told be was In the machine
business conversation altogether foreign TO this
care While talking 10 him. saw Mr. Mcpherson; we
were school mates had not seen him nr many years.
se recognized me sod came across and ssd. "hox do
you do, Vandespool tu ned from Mr.. Hebard to con-
while he made the remark that that (svi not
there Cat the bali) no more than be was.
Ccurt-How did he come to make that remark
Al knew 20 little about the case that did not
know who it applied to; Mr. Mcpherson spoke veTy loud
at the time and Mr. Noble sale Are you arguing the
his businem- that he talkisg to me- that is all
that occurred st that time one OF plaintiffs counsel
locke up and raid you need not be afraid Of what Is
Q--Dd you say 20 Mr.. Mcpherson. what do you
know about ths ca,e,n A No, sir; made remark
about IT. on the ne 1t morning sasrday was In here
conyersins With Mr. Mcpherson about dog had Just
got which had been lost for some time, AID then in
CURED Of him what this case was about; he made sone
remarks to me about it, which do not recolect AMI
really do rot know what the case is about.
Mr.. Hebard (the iuror) wae recalled and said what
sanderpoo has said here s as near as could stste
III itoccorred while was passingi my present iupres
zion is heard some words from Nj. Mcpherson FIRST
respect to this suit what they d, not recolect
1t II y rcssion that IL Mr. yenderpool stated
but cannot recollect do not recolece Mr. Wander
pool saying anything 10 Ms McPhsrson in my precencs
In rp'f ect to this care.
The Cou,t decided that NJ Mcpherson should be lis
charged.
Counsel proceeded 10 up the case ard befors the
rising ~ the bail entered into for Mr. Chrslf
lar. Mr.. Joscph 81 Chatham street, berg ais surety
Tbe cas- is stlIi adjourned
aETG TRADE REPORT,
MONDAY, Feb I6--6 r. NJ
EsfansrrrFs Flour sssmed higher, the business
ptFrR COO oos gry q choice 81 ate m common
tc good soSthtEn, az So So 1856 with mixed TO fancy
ln.t .xH snxnL ia.anv. -.