New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1854-10-18
NUMBER l94.

NUMBER lY4.
Is better settled by the law Of the land than that all
Of challenge TO be tried In advance They are to be
tried before the Jurors sworn and II Juror ia sworn
who might have been rejected. It in no wise Affects te
verdict which may afterwards be rendered and the sub
ect Of competency should never be heard Of in
much less the subject of competency should never be
rsised az objection the part Of the State But
matter for that The objection has been raised Public
cism0r has been brought to bear The press has been
enlisted and it be difficult say. under present cir
eumstances, were DR. Graham able to speak for himself
what wond be the proper duty Of bis counsel Now. sir
il Is undoubtedly true your Honor has stated that
this Jury are bound not to believe permit upp
their minds any thing which has reached them through
the vague channels Of ruuor and IL they had
right to believe they have conscience 10 judge and no
such information Yor who should sit upon Jury
question for the Court and in criminal
granted that honest Juror will forget his cath and his
conscience, and the lawdo all that, knowipgly aud
in order to make himself some way
instrumental lending edge and point the pros
ecution Of one his upon charge
voving his life We therefore fear that In this
Notwithstanding the excitement which has been to
what has happened here-that the law viii be admins
isered and the scales of justice held as between the
people and DR.. Graham that he will have fair and inn
partial trial according to the weight Of the evidence
just dfveranfe If the evidence entities bin TO It, and
does he seek ask But sir, DR. Graham bas
thing stake than bis life Itis important to him
il he is be delivered from fson's DOOM that he may
walk forth with an honest mans reputation and the
partnef of his who has accompanied him through
out this trial has also stake earer than the life
Of her husband
Now If your Honor pieases by the express desire
command if may express it, of both these parties
required pray your Honor to withdraw the
who objected and permit the trial proceed with
the consent Of the accused the remaining eleven
Jurors There have been mpuations cont lined in
the newspapers against the in this
have only say SIR that the counsel not upon
trial and for my part will say that shall take
different time perhaps answer any impuation Il it
proper thing to be answered i, perhaps, bound
when make thin motion by the express desire and com
nd of my client T. perhaps am bound to add what is
Judgment in respect of it did not suggest it did
not recommend it; did not approve of It'll mean by
any expressions Of them the parties interested
and when advised Of their determinations positively re
fused to do therefore, stand here simply their
mouth piece making request and they the motion
may be allowed to say in addition that stood in the
position of DR.. Graham whatever apprehepsons might
have Of the quality of the testimony, should
before say his private that do most fully
entirely and absolutely approve and take upon myself
the present and all future time whatever may be the
responsibility resting upon counsel for not warning his
client against involving issues Of life and death
and which may be attended with consequences most fatal
to him.
Mr. Shepard said this produced another diff
Guilty He was quite willing to consent to the
withdrawal of, Juror; but still the difficulty
existed whether trial for murder could pro-
coed before eleven Jurors Jurisdiction could
not be given by consent, and if the want of o
Juror interfered with the jurisdiction of the
Court, the error might prove fatal.
Mr.. O'Conor argued that the jurisdiction
rested with the Court, who alone had the power
Of speaking or laying down the law. The Jury
had not jnrisJiction--they rendered a verdict
on the facts only. Their constitution was q
matter, not of Jurisdiction, but of regularity,
and could be altered by consent. The only
question to consider was, whether the Court Of
Appeals would look upon the matter as irregu.
lar. The Court certainly had power of dis
erection, and could act by the consent of the
parties.
His Honor decided that if the defendant and
all his counsel on one side, and the District
Attorney on the other, put in a consent in
writing, the Court would act upon it, and allow
the trial to proceed before the remaining eleven
Jurors.
names Of all the Jurors remain on the panel The YER
dict will then appear regular the record and we cen
not possibly take any exception.
The following form of consent was lodged
with the Court:
In the Court ef Oyer Teriner of the State of New
York which being held in and for the city and county
Of NewYork, of the October Term. A. D 1854.
ocToBER g. 1S54-1He People Of The State Of RepY York
Robert NJ Graham M
Upon indictment charging him with the murder q
Charles Loring, deceased. s
Mr.. Justice Mitchell holding said Court,
In open Court this 9th day Of October of the October
eba Of H. psope % that Georee Wsman Wrsht
the jurors empapneed in this cause is related by enit,
the defendant that challenge duly taken that b
would not have been competent to sit in this cause as
juror thereof Therefore the said defendant Robert
Graham in his proper person. here In the open Court
aforesaid does that the said juror George Well
Wright be withdrawn from actual service upon tbs
jury that the verdict In this be rendered by
and taken from the remaining eleven jurors and hat the
twelve appearing of record as the jury In this cause
may stand so that by the record this shall appear
to have been tried by twelve jurors. 4
Anrrovea Nv .ha A,sms connse, = =
ABRAHAM OAKLEY HAIL. ]. r. WHITING,
GH o'CoSoR, L. b. SHEPARD
The Court then informed Mr. Wright that he
was at liberty to withdraw, and that gentlemen
left the jury box.
Mr.. O'Conor said he had previously intended
to state that neither the defendant nor his wifi,
had spoken with any member of the Jury hefort
or since he was empanneled; that Mrs. Ora
ham, through whom the affinity was claimed
had, many years since, spoken to one member 0
the Jury for few minutes, but never had seer
him since until on the Jury. The Court her,
took recess for so minutes.
On the Jury returning into Court,
| Mr. 0'Conor then rose and said
Gentlemen Serious the responsibility is Of appear
ing to represent to you the viewsof Dr. Grahams
sci in this case a exceedingly happy that the hour ha
arrived tor their delivery to you happy of it, be
feel moral conyctionI do net venture 20 CIV
opinion Of my own upon the evdenc ce-hecanse ieel
of safe and satisfactory deiverance at your hands
not only happy that we have reached 1t, but an
happy the circumstance under which We reached
it, line of conduct has been pursued, and circumstan
have occurred, that might have rendered summin
up Of this case to you unpleasant in ono particular r
| pect All difficulty of that kind is now obviated N
suspicion made to rest upon this tribunal or perso
connected with it. and the administration of justice her
will be effected without fear affection or hope of reward
The verdict that you shall will go forth the i'm
| partial, unbiased and honest Judgment OF Jury
American citizens pronouncipg the just result at whc
1 human reason, unbiased and unaffected by any NOR
influences ust arrive and ought to have arrived Ger
tleneD the circumstances Of this certainly n
markable.
DR. Graham, professional gentleman OF extensive pra
ce in the city of New 0reans visits the North aceor
ing the practice of Southern gentlemen in the mid
of the and find that shortly after his arTly
he is charged with having been guilty of wful murder
tor that is the charge You called upon to tyof u
wlful murder of individual whose name he had nev,
known. whose person he had probably never seen, an
with having committed that ofepse in the course of
interview, suddenly taking place without premeditatio
upon the part of either individual concerned and occl
pying probably the whole, not exceeding period
one and half minutes 1t certainly is most e.
traordinary result that gentleman should find hms'
suddenly involved in charge of this description in rete
such person, and with such surrounding al
attendant circumstances. Generally, gentlemen
charge of iful brought in reference to qua
rel il-will originating hetween the parties iol
previously. Generally there is found assigned by q
| counsel some adequate mstiye to move the mind of
wicked and to perpstrate this atrocio
erme here you called upon to suppose that Il
apparently up that point nofensive gentlemen met
fellow citizen early hour of the day, whom he HI
never seen before and suddenly seized with such
tense and malicious wrath to conceive the desire
his destruction and to effect that destruction in
i aud inhuman manner. My learned friend did well
saving that if there murder in this case, it
like the murder of Cain for you will remember that Ga
motiye--that he had malice his heart