The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-08
THE HOMICIDE AT TIE ST. NICHOLAS HOTEL.
Court or Oyer and Tcrminer.
The Honorable Judge Mitchell prssidipg.

Court or Oyer and Terminor
The Honorable Judge Mitchell presiding
FIFTH DAY-sCHEE IN OBSERVATION-DISCLOSURES AGAINST
THE .lMPARTIALITY OF A JuRoR.
SATURDAY, Oct. The Of the People against Or.
Richard ~ Graham, charged with having killed Colonel
Charles Lorng, the I'd Of August last st the St. Nj
choas HOTEL was again cslied this morning. the court
being crowded to its utmost capacity whom the
dng doors leading Court of Sessions were thrown
open that portion Of the building also quickly filed
ihe accused, with his wife and friends were
:, sn the previous days OF the trial. seated rear the
counsel.
AT the opening Of the court the District Attorney rose
and said
MAJ please your Honor-I have been very much sub
to criticism on the part Of learned friends
ne other sde to the which have adopted ON
he trial, with respect to the jury panel.
Mr.. OConor (interrupting)-I submit il the Court
please, that before hear speech on this subject We
should have some motion made to the Court We are
bow engaged the trial of man for his life and mt
that We are not to be drawn into any matter here un
sss 1t be the regular reception and investigation of ey
eGce, or discussion upon . motion made points of
aw Isuppoes-nay. have some knowledge Of what il
here We are not hsre to be drawn into some
f these discussions that frequently take place at Tam
many Hail. or at the Stuyvesant Institute or at the
'his assembly rooms, wherever they are, or q. the
aeetngs Of the Know Nothcgs. 60 that object to hs
Stlict Attorney making anything but motion your
onor lapprehend that he ought to make a motion If
70 mean anything; and IL he has no motion to make
hen the matter is irrelevant cannot consent;
Put your Honor can control and prevent speech
eng made or the reading OF anything This is not
matter involving NJ shepard's personal standing
ufation or official coniuct and if it be he will have
N opportunity Of meeting the mpuation snd vindcst
pg n'msf'f when this trial is But l trust that
here is nothing that will render necessary for him in
q o+inrpn Il 1(Nasu1
y any thin to the pIeju ice injury the party on
ial, Robert 81 Graham We have done nothing against
aape or forms but we are not to be put here trial
hen DR. Graham Is on his trial Ny object in address,
the Court is to insist that Mr.. Shepard shall make
me dstirct motion, and not preface it with speech
The Court-What is II subject matter
Mr. shepard-1he subject mstter is contained in one
Ar oConoI, dnterrupting) That is what object to
our making any statement ef the matter
L The Court-Let me look at it.
The District Attorney handed the paper (the Tr,bns
pntaining the following paragraph, to the Jad ge
calls attention to the fact that the
5susS .5s Si..siss xsssr,
Cousin ws ons oq s
smser That this s the believe cannot be- dis
sspi' sns yuss
The Court (after reading the paragraph h)-what do
The District Attorney-Has your Honor read the articles
The Court-Yes.
Ths District Attorneywhat ought be taken,
The Court-I am not prepared to say.
The District Atorney-l wish to say thing in rea
The Court-I that the statement imputes some
ut 70 Son ss to that 1t is not necessary to make any
mark. Have you any motion to maker You said you
I'D something to submit Is it notion
The District Attorney-I propose to ask your Honors
sent and without the sent of other
DE- who :sfuse it, Nopose, say, to ask the juror the
Mr.. o'Conor-That is motion to examine juror
to his qualification to sit On the jury; is t,at the
The District Attorney-Tbat is what /. comes to-
/ Mr.. O'ConnoY-You have not submitted any motion
t when you do vii have something to say about it.
The District Attorney-It seems TO me eminently
proper that Juror sgAinst whom there is principal
entirely improper IrIopo.s to take means that
10 law judges absolutely hat such man is preju-
juror ind not qusasd to SIT and every body in
tirg this trial. just well a. T. or the juror him
IT, Now, my learned friend on the other side may
cue the question. 1t seems to me too plain question
Mr. O'cennor-wen sir, its seeming to the learned
gstiict Attorney to bs question too plain for
Its seeming to me to be too plain for argument
ly be reason why ! should say sometniDg
IT, wheth of the counsel for the prosecution, - to
character Of his case and the efficacy of his motion,
on & ssSs. ~s h sr to
think it is exceedingly well ssttled.
The Court (interruptng)-I am not inclined except
lr WI, not 20 upon statements of = newspaper.
aey should not be such as to raise question.
and having no deslte to waste time or to hear our
ives speak, We leave the matter to your honors de-
TAe District Attorney-The proposition is that shall
X the juror the question he sits now before If
bur honor deny me that motion can do nothing, as
ye no sfidAvit to submit
The Court think It would be improper, unless he
unteersd to make the statement t. himself ..
do anyt thing In the matter
ore Of the jurors (Mr Dugan) here rose in his seat
oror e s assspes sre tSs thar.
in remarks being made and as there Is nothing now
fore the Court, wish the inror to be cautious in
The Juror wish to make remark opening and AJAX
rnission to do So
The Juror-It is in relation to statement made this
ornrg at the opening Of the Court, BY the District
The Court lnterruptirrlI do not think that there is
AZ need of anything being said abou. it, do not
propriety in anything being said here on the
The Juror--Am ihsn permitted to sit here i'm
rtal juror, with blow eyelled At one OF my asso-
ties to render an impartial verdst according to the
dence bwhen grave and serious charge has been
ade against ore OF the members Of the jurJs
The Court-The Court has Already passed upon that;
cannot be entered unless it is presented in the
The juror win hereafter sir be called upon with
rest bi my fellow jurors, to render an impartial ver
Tns Court (irterrupting) 1.-THE Court cannot hear
gumclt from jurors any mcre IMAM ON AnyUouy
e therefore the matter IL decided unless the matter
brought before me in way that can legally take
,tc Of. cannot take notice of statement made in
newspapsr or by the District Attorney, unless some
oof can be given to me Of the fact stated.
The matter was here allo vel to rest
IMaier Arnold Earris sworn and examined by Mr..
kbitirg-Q. Where do you residey A. Ne Orleans; in
city OF New Orleans Y. How long have resided
eres A. About six or seven yeas sir. Q. During tha
me, cir have you been acquainted with pr. Graham.
Yes cir.
To- Wfas the o,tors business in the city of New
leans? A. physician.
O. Werc YOU in the habit Of seeing him frequently
ring that periodf A in the habit OF sesing him
most daily in the city, for two years. we lived in
same part Of the city; one year we boarded In the
mo houtc.
O. his practice he in the habit Of walking asout
city OF otberwisey A. generally saw him on foot;
was in the habit of carrying cane with him; 10 fact
cannot recoliect the time that saw him without 1t;
I'VE the that has been presented 10 Court;
nk have seen that before In DIR. Grahams poh-
sgion; believe that that is the cane be generally