New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-10-10

enc il nay be impossible TO know What would De the
eject The Jury have only to look at the evidence,
spd ] presume DO juror would l~pd himself 10 90
o,hsr~ise. We think that the scales Will be 80 hed
iba, Or. Graham viii have fair trial and Just de-
hveranee. But be has something more than hs me
TO think Oft IL that il he is relieved from feoa
doom be may walk forth homes, man, aud the
wife of his bosom enlertans also deep feeling II re-
gard to the matter
By the express desire and command Of both these
parties have Ia ak your Honor to Withdraw tnat
Juror and the trisl he by the remainder. There has
Teen come imputaton in the papers az 10 tue
counsel This is no place 10 speak Of IT, but can at
spv proper time a. TO myself. Under the command
of ny client speak. l old No, advise them TO t,
but refused to do it, and stand merely ther mouth.
niece. ] will only ,as if stood a. he does would
90 a. he GOES but | viii take upon myself the
responsibility Of acting.
The District Attorney said there is still another OBJ
lection in this case be spoke 10 the Judge aud after
eard 10 Mr.. 0Conor De remarked to the Judge
that be had cent Tor some authorities. M " Conor
in q low voice. near TO the bench, made some re-
marks to the Judge to the effect tnat such a course
could be taken.
Judge Roosevelt then returned to the Court room,
apo went on the bench The District Attorney
handed up some books containing authorities az
which the Juog .s looked. Some considerable delay
took plare. go,
The District Attorney said he willing 10 consent
10 the Withdrawal of the juror; but then the dfcdlty
il TO ~h Their eleven jurors can try capital case
i
ing the consent OF prisoner. fatal defect IN the
organization of the Court.
Mr. Conor considered that the constitution Of the
jury Goes not connect itself With jurisdiction. The
Jury the subject OF the Jurisdiction They are 70 nnd
the facts and are part of the practice OF the Court
The Constitution says prisoner entitled 70 jury
but an a. sent valves ali objection as to that. My
client does not renounce trai by jury, out re-
pounces being tried by so many as usual suppose
of be Jurors one did IN a case IN which was
this summer, that Juror should die could not the
Gaze, by consent, go with The eleven The Court
might If It pleased order trial ga that ground,
but at mUsi, II would be question Tor the Sosrt OF
Appeals as Ia practice. tie thought the court hti
the power by removing the Objectionable cause, TO
order The case To go ON.
The District Attorney said it was matter Alto
getber 18th the Court.
Tie Jucge directed that assent on both sides be
drawn mp and signeh by all the parties.
Mr.. OConor said il would even be 80 drawn up
that the Twelve should remain as on the panel and
exception could not be- taken.
Some DELAY then took place while the paper was
being prepared n was handed no by Mr. q Ccnor
TO the Judge, Who with the Distrct-Attorney aud
blm,elf, then examined and apparently approved
OF il.
The paper conserving to trial BY the remaining
eleven Jurors WAS then signed by DR. Graham and
Messrs. Hail. Whiting and OConor counsel, and also
bS the Dstrict-AtiorDey.
Mr. OConor said be would state a fact that nei-
th.r Dr. Graham nor Mrs Graham ever spoke 10 any
member 0f Uls jury ntIOte NtUlS lUipihnfuSu, huu
Mrs Graham, through whom the relationship first
cousin comes Dsver spoke 10 the Juror b 1t once,
ard that for n few minutes several years ago.
The District Attorney said the Juror had been asked
if be had formed any opinion or had any bias and he
replied in the negative.
Mr.. y Conor said his remark merely applied to Mr..
and Mrs. Graham.
JUROR wITHpRAwS.
Mr.. George Weliman Wright, the Juror alluded to,
ip purs uarce to DtDaiion, then left the Jury box,
and trial nropep1 with the eleven.
Mr. OConor stated that ~ It is now near the hour
Of recess-tt was l2l-one of the Jurors had fntim-
at.d him that might be well to take recess now,
which was acceded to by the Court, and short re-
cess ordered.
The following is the paper:
"In tn Court of Oyer and Terminer of the State
of New-Yok which is being held in and for the City
and County of York, of the October Term AID.
1854 October ., 1884.
THE People Of the State of New-York versus
Robert N. Graham.
Upon al indictment charging him With the murder
of Charles Lorpg, deceased-Mr. Justice Mitchell
holding said Court
I'm open Court this 9th day Of October, Of the
October Term aforesaid, in the year aforesaid, 1t
being ALLEGED on behalf of the people that George
Welman Wright, one Of the jurors impanneled in
this care is related by affinity TO the defendant,
tina. upon challenge duly taken he would not have
been competent 10 sit in this cause a. utor-There
fore the said defendant Robert n. Graham, now in
bis proper person, here In the open Court aforesaid
does consent that the SAID juror, George Wemsn
Wright be Withdrawn from actual service upon the
Jury, and that the .erdict in this be- rendered
by aud taken from the remaining eleven jurors, and
that he twelve names now appearing of record the
Jury in this cause may stand that by the record
this shall appear to have been signed by twelve
jurors.
(Sisnsd) r NJ GRAHAM.
Approved by the counsel:
ABRAHAM Oakley HALL,
- r. WHITING,
"CH OCONOR. L. b. SHEPARD"