Hannibal journal. (Hannibal, Mo.) 1852-1853, 1853-02-24
The Jerry. Rescue Trials.
'.pors.d for tn. Albany IN, ~ State Register.
us. CIRCUIT COURT-Special Term.-Al-
bany, Jan. 26. Before the Hon. N. X. Hall.
us. Circuit Judge. ...I..
The People rs. Enoch Reed--Jerry Rescue
.F Indictment.
Second Day Morning Session.

tTiet Attorney, and Hon. Henry G. Wheaton,
Of counsel for Government. .-.. ...-.. .r
]. w. Nye, d. ID. Hills, c. B. Sedgwick, A.
J. Colvin, and G.. Smith, Of counsel for Defend
ants.
The Defendants, some fourteen in number
five or six of them colored-were all present
together with about fifty witnesses for Govern.
msnt and Defence. ....
The District Attorney moved the trial Of
EnOch Reed, (colored). .. .
The court said jury would be empaneled, if
there was no objection.
Mr.. Nye; Is there full panel sir?
The Court; There are "a or 25 present.
Mr.. Hills; II the court please, as the princi-
pal witness for the defence will not be here un-
q! o'clock
The Court; That is not matter of import
sncs at this stage-the jury can now be emPan-
eied in the case.
The clerk called jury, and twelve took their
seats.
Mr.. Hills; In the State Courts, in criminal
cases, we have FIVE peremptory challenges
What is to be the rule in this court?
Mr.. Nye; Judge Nelson held, that the prac-
1iee in the higher State courts was TO be fol-
lowed.
The Court; That is true, as general rule.
Mr., Nye; There is no rule for such cases as
this.
The Court; To be sure there is not.
Mr. Lawrence; 1t has been often decided, that
challenges were 20 be governed by common law.
What 10 the Statute!
Several voices; Five.
Mr.. Lawrence; Five for whom?
Mr.. Nye; For the defendants, of course; the
people are supposed TO be safe.
The Court; shall allow ,fve peremptory
challenges to the defendants, under the laws OF
th- State.
William Terry was sworn, without Oejcc-
tion.
Alfred C. Smith was called.
Mr.. Lawrence had questions to ask. The
subject of this investigation was well KNOWN
He wished to ask if the juror had formed an
oninion in reference TO the constitutonality or
character of the Fugitive Slave law, which
would prevent verdict of guilty on competent
testimony? He wished TO put these questions
to each Juror.
Mr.. Hills; If the government has objection
they can challenge, and then examine the juror
and other witnesses. He had never heard OF an
examination Of Juror without challenge.
The Court; These questions were allowed by
Judve. Curtis, Kane, and Grier and the queS-
tions were proper, and they may be asked.
Alr. Nye; These questions were never asked
on any trial in this State Of a misdemeanor, and
the practice of this State
The Court; No such cases have arisen--and
The character of the questions depend on the
character of the case.
Mr.. Nye insisted that 1t introduced new test
in the formation of jury. Suppose a man was
tried for violation Of the license law--could the
Juror be so catechised?
The Court thought so.
NJ Al. q M ma
called on in this State, as juror, to swear to
hi, views of the constitutionality Of a law.
The Court; That is of no consequence; the
questions will be allowed.
Mr.. Hills; If the Court please, we must pro-
tsct ourselves by insisting on our rights. 1t Is
not proper that the government should 60 on
tb;. fishing excursion, without challenge. lie
went on to suppose that the defence were TO as K
the iuryman il he believed the Union would
be dissolved, unless conviction were had, &c.,
&c.
The Court would allow all proper ques-
lions.
M. Hills; There is no right, whatever, TO
M into this business-to ask the luryman any
Mr.. Lawrence; wish to ask the questions
ho AZ TO know whether or not l challenge
him.
The iuTYman was put under oall,
He said he had no opinion on the oase--nC
preiudice-had no opinion on the constitutional
itv or the character of the fugitive law whlcl
would affect his vsrdict-and he was ADMITTED
and sworn. [These were the Massachusetts
questions.
John Jones was called and sworn.
He was asked il he knew the nature OF th'
s.se? He said no. So it was explained to HIM
Then the same questions were asked, and an
swered in the same way, and he was s"ori
in.
George II. Bentley called and swOrn-ques
tioned-sworn in.
Chas. Witbeck sworn-eIamlned-answ
the same-challenged peremptOrlly.
The Court; The juror will stand aside.
Mr., Lawrence; Does the court hold that theF'
are perempGOry challenges Tor deience'
The Court; II does. ...,--
Mr.. Wheaton insisted that the peremplor.
challenges should ba prior to the examination
The Court; 1t will be allowed, under the CIR
oumStances, after the examination.
David Lester sworn in.
Ludlam St. John peremptorily challenged q
soon as called. Set aside. ,---
Mr.. Nye; Does the Court hold that the gov
srnment has peremptOry challenger We WIS
TO object to this.
The Court thought the people had right
two peremptory chOllenges--ihought the welg
.: authority in the State courts was In favor
hat.