New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-10-04
trial ron MURDER.
COURT OF OYER AND TEEIrSER-Bsfore Judy
AITCEELL.
THE CASE OF DIR. GRAHAM.

THE CASE OF DIR. GRAHAM.
Ths trial u Dr. Graham for he alleged murder OF
Col Loring at the st. Nicholas Hotel, by st1Obing
him with a sword-cane, was commenced yesterday.
Dr. G.. came into Court accO npanied by m officer
short pme before the time for opening the Court. He
appears 10 be above the midding size OF straight and
somewhat long features, and quiet, calm appearing
bearing. His counsel Meesrs. Whiting and Hall so)a
5fterwHd entered. Quite q large audience
present. The District-AttOrney, Mr.. Shepard with
biz asrs,ant Mr.. o Keefe, had previously arrived.
The Clerk, Mr.. Vandeyoort, called the names OF
petit jurors.
accompanied in court by HE brother, DR.. Water
man; Mr.. Reed friend son Of Capt Reed of the
Navy, also with him.
The Judge inquired Of the Dstric,.AtOrnsy if he
ready, who replied ia the affirmative. Mr.. Whit
ing requested the Court TO stop eg inmates till Mr.
OCOpOr arrived, whom he expected presently Mr..
OConor after short delay entered
The Clerk then stated to the defendant that he had
been indicted for the murder Of Charles LDring-
What say you, guilty or not guilty ," DR.. G.. re-
piled in an audible voice, mot guilty"
Tie Clerk then proceeded to impannel jury.
Benjamin Kellogg was fr,t called. Some little
conversation occurred the mode Of selecting u-
rors. Counsel for defense wished that the Court
should decide objections instead Of crisrs uuless In
special cases. The District Attorney was satisfied
with the arrangement provided the objections were
stated He wished it to conform to the decision in SD
preme Court in the Of the People against Bodne
The Court said that is no doubt the regular way but
II IL sometimes deyiated from.
The Juror stated that he keeps public house; had
formed an opinion al the time OF the homicide ON
reading the accounts should require strong evidence
% remove The impression now upon his mind; do no.
know DR. Graham. The Court did no: consider him
competent
Benjamin H. Roach cslled-Glanced over the AZ.
count, but had DO bias in regard 20 IT, my business az
the time was very pressing and | did not pay much
attention to IT. ny business gaugiDg Ibid no. know
either of the parties.
BY District Attorney-H Have no Considerations
.crupes in finding verde; OF guilty on legal evil
dence.
Challenged peremptOrly by NJ. Whiting and Sc.
aside.
James Nathan cslled-Reside in Twentv.tbird.s..
am q broker; read the accounts of the affair and
IL rmed an opinion at the time i, is fixed opinion.
unless something shown 10 rebut H. think could
hear the evidence and decide upon without refer
ence 70 my former opinion; il is experiment 20
my mind, however | am not acquainted with either
OF the parties.
by Detrict Attorney-I have objection 70 finding
verdict q guilty in case where the punish is
eeeh' but think It matter of policy rather than re-
hgion think could render verdict OF guilty on
clesr evidence, II there il no doubt
By the Judge-If the Court should instruc, YOU
hst you must take into consideration reasonable
oouot voulc you be directed by IL
A. should scan the directions OF the Court very
eoseiy on astrict construction, bu. would be gov
erned BY il.
Mr. 0Conor thought he was competent Juror.
bse
The juror explained tina: his ideas Of policy a. 70
capital cases would make him weigh dOub. closer
'hanf be did not have such feeling.
Ihe Court thought he an incOmpeten, Juror.
M OConor thought the challenge should be con.
ndered peremptory side of prosecution. They did
lot object 10 the juror, though they nigh. have done
q rom hn statements Of bias by reading The Unfair