The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-15

Mr.. NcKson-I confess II Il with sons sufpgfss hsA1
the objections raised sy the District Attsrssy sn
testify ssnsssa that he wishes 70 give ~ ehsar afas
hia and must BE- that they want twelve honest
verdict net for the irs time IN Ills STATE an
fer .ss &. pistr q. ss 1.s:s.:y wlsS
In the Of III. People hatosr, the People Free
forming sDy opinion II the Court sasssia the Hstrsa
Attorney will be t.hipg the ponsbty upon ITSELF
Of changing the h,h.rt. established prastss in tho
Court of sessions rscolsct very veil in the ease OF
Chief Juscs Hornbowsr sut 1t mere spinsn Thsrc
into operation to. re- is nothing fer your Hono
to act upon except the opinion Of Chief Justice Horn
blower
tion based lie, shall be compelled to degrade
himself in the eyes Of his fellow ctizess believe thas
dict and they will be Dnusscsd By any aewspapse
reports For my part would rathsr,eake twelv0
men who bad read the newspaper accounts Of the rod
than to hunt through the community for dozen men
who never read the papers or who are 700 ignorant 70
thoritiss 30 will sra that the supreme Court Of NsW
Jersey has adopted The doctrine set down by Chis Justice
Horsblo~er. Now refer your Honor To- the :ommcr
Aw on that iss'iou in Jays Confession and his Al lends
on ChsIensss, passs los l0s ard l1e will refer you
to Ito, a. it answers all me purpose Mr.. Blunt then
read several p.Ess Il where the Chief Justices a.
England acted in similar that Of Chief JUS
tce Hornblower, Of New Jersey Now said the District
taught respect an aware that great issssasss IN
the Court Of Sessions In this State the sonstrus,
pa' the end. una has
defeated BY suah con-tru'tio rsser - the case g
or instica ~srs dsfst.d Tremsmhsr a. ~. 90 ~ INC
people ssst B dire where the District Xttsnsv sftss.
e1cusng Eve or s thoussno jurors was obliged to have
NJ ucKson-Yon = n rmemhsr w p,r,+ +h.t tha
b. tbs consent o, tbs District Attorney
wave sYamn.d f.it ,nvssIf hound ~
spy attempt to provo Any enmty existing between d
when he comes 10 b, .won to challenge himself Thia
was the case on tn. is Of Mosssn In this case the
uIors vsrs snrnosed a. Ia Ia AZ hac.m.~
thew BELONGED to the odsr Of Fres Mssons ss ala az
dsfenosnt
new endeayoed to Irv. ,he.e principles sy sutaortv
fom work Which carrot :. found in England On tho
the Whole svstem Of csnscsor erininsl trials in IL"
Ststs ~ Na VII sb Tn co.rt ,.fns. M tbs rovs-
hns Juror opinion =
the Nir III ward riot case or potS No Am sure the
court will not do no
District Atorney-rA.re ar. no less than three kinds
Of ia The challenge for principle cause.
second fer favor ard third peremptory CHALLENGE.
Now the counei other side is entirely mstaksni
The doctrine that 10, quotes rom declares that all three
of these challenges shall be presented at once-he sha
state tkem all 1t what Joy means. That Id
the true ccrne, challenge beng complste until tho
ground Is assigned court cannot determine untU
that ground assigned la the case Of Oarne the soun.
sci challenged principle e. there being nona
assigned the ehaIs re for favor was then introduced
feel perfectly inefficient and have NO objection 10
juror being asked he any why he should
sit Jury; have objections swearing a.
juror purpose dregsding himself for COME sne
that he has formed m epn on is moral degradation s
deed.
The Recorder said he voub examine the referred
to by District Attoruey from his areu.
that the course for the last half cen-
tury would be oyerth o.n Consequently. he would
have the ~ with treat care and cond
liberation.
Nftrict Attsrney-Even IL q Juror has expressed hid
opinion 1t does follow hat the time Of the trial.
M McKeon-If jsr'r has EXPRESSED his opinion q
to the guilt Hlocancs Of the defendant that settles
the question and he Is not oon psen to act a. iuror
Recorder Mllou-Any course pursued on the part e
he dafep f0I La iuas
tioe must be avoided The test difficulty about the
State Of New York Therefore, 1t Is only right that
should give the defendants opportunity to make the
best defence possible whis, at the same time, have
to take the Law - We fnd It, and Aes that Its principles
are not violated.
District Attorney-H Ia rough for to rec that there
been error Of the II and We have nothing fur.
Their to do than abide by a principles. He then read
eevera other from joys works challenges, sua
tanning his argument.
Mr. NcKeon-n no case in tbs United States has tha
question been ever raiseo As it has now.
the District Attorney must take the law As we
setions though be reversing order Of this court
Mr. GcKeon-Then your Honor win please note my sx-
eepticn l viii net challenge him for favor or per:
emptory.
The juror vas then sworn.
Ben jsmin Consl,n ~.s psxt called and challenged
The guilt OF Of The sares those being the defendants
in the late Fourth of July riot"
District AttCrseyl deny he Ct chalk nre, Now,
sir how do you propose 10 prove i.2
Mr. McKeon-By hm.e,t
District Attorney objsst
The Court sustained the objection and notea thu AZ,
cepton of the cour ae for Re q @fendaut
Ir. NcKeon-Now. / challenge him for favor
Challenge denied By Dntrict Attorney
The Court sustained the DIGESTION and notad m. A.
ception. ~ %.
Mr.. GcKeon-rhen su pposs VIZ will bava N ~, TIA
Jurors by tenong fer lawyer he along WITH ths ;rro
sworn can try shsm. -.' 'u''s
Mr.. Tnsoae was II on erocured who Altar . shov+ -,
vestigation, found the challenge untrue
Mr. McKsen-Eov | chall. poa him ra-.rr,.o~. ~.
Peter Nolan. ~
District Attorrey-I will h.re inform TIA Cop,+ tb.tv
M. hcKeou-IWbat after N. as.;.,o, :,
District AttorneyYes Do yo u think that Won arc
gong 70 fsve ons hundred per.mptory chalengss-Hve