New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-10-07
THE GRAHAM TRIAL,
FOR THE MURDER OF COL. LORING
FIFTH DAY.
COURT OF OYER AND TERMINER

Before Judge MITCHELL.
This trial continued; the Courtroom, before
was densey crowded although the session room was
thrown open and vast numbers had 10 leave without
being able to obtain admission.
The Jury being called and answering to their
names.
Mr. Shepard District Attorney, rose and said 70
the Court he had been subjected to criticism by the
other side for the course he had pursued in relation
to empsnneliDg the Jury.
Mr.. O COnor interrupted, and said he hoped there
would be motion before making speech-and I'M
less the motion is relevant, he cannot consent to
speech. Ii there is any asperson, anywhere, as to
Mr. SHEPPARD he has opportunity to speak OF it
after the trial is over. We have made none.
The Judge asked what was the subject.
Mr. Shepard said The subject article in one
of the morning papers. Mr.. OConor objected to it's
being read. 1t handed to the Judge.
The Judge said if it was true it is proper to take
some notice of II.
Mr.. sbepare said it is charged lin The TRIBUsE)
that Geo. Wellman Wright, one OF the Jurors, is
relative of Mrs. Graham, which Juror asked, on
being empanneed, if he had formed any opinion, and
he replied that he had not.
The Judge said he had intended to take some action
upon the statement and inquire if there was any
ton.
Mr. o Coror said he had intended also to make a
motion. The District Attorney has defeated both.
The Judge could have prevented it bu, did not, and
therefore gave permission to the District Attorney.
The Court viii excuse my speaking The stab is
against us.
The Judge said if there was blame TO be charged
the Court, il had better be some other way, &c.
Mr. Shepard made motion that the Jury be dis
charged and new panel ordered to try the case.
Mr.. o Conor said he supposed it is necessary then
that should be on affidavit and the Distrct-Attorney
has already said it is false.
The Distrct-Attorney said he had not said nyhing
was false The Juror is present and he has not de-
MED it.
M OConor said the case Is between the People
and Robert NJ. Graham, he believed not against the
Jury.
The Court thought il would not take notice Of the
matter except by affidavit.
The District Attorney said as the Cour. thought ct.
lie is not 10 a condition TO make affidavit Heis
not acquainted with Mr.. Wright. lie asked Mr..
Conor if the defense were willing he should ask the
Juror question.
Mr.. OConor said they would consent TO nothing.
They have found it difcnlt to defend their client on
the commonest principle Of right. They were asked,
at first TO make an admission such a. had never been
heard of.
Mr.. Shepard District Attorney rose to make some
further remark TO the Judge who stated that all he
wanted was TO get down the motion, so es 10 getit
regular the proceedings.
The District Attorney replied that that all that
wa granted
The Juror Wright, the seventh Juror sworn, did
rot make any statement.
The Judge then asked if the Distnct-Attorney had
any motion. The District-Attorney said he would
move for permission to ask the Juror question.
Mr. O'Conor-The motion then is, now, TO exam
inc Juror az to bis qualification. When the motion
l. fairly made, will reply 10 it,
The District-Attorney said the lew held that Ju-
ror 20 related s not unbiased and can be evidently
seen that such s the case and is TOO PLAN Tor ar
gunsDt.
Mr.. O Conor said a. it was too plain for argument
il reason why he should say something about it.
The mere opinion Of the counsel is not law for the
Court We will show the rule.
The Judge said he did not feel Ike proceeding in
the matter uuess there is evidence before him.
The District.Attorney sad he moved to inquire Of
the Juror.
Mr. O COnor made remark.
less the Juror volunteered TO make statement.
Mr.. OCoDor replied, "weIl, Sir, we are ready to
20 Oh with the case
The Juror did not make any statement.
After some little delay waiting for Mr.. Hall, wit
pess Arnold Harris, was called.
The Judge said the Jury viii the difficulty that
exist. as to what has been said we will not let it
have any weight upon them.
Mr. Dugsn, one Of the Jurors, the one who said
the prisoner should have the benefit of least doubt
referred to a statement to one Of the Jurors.
The Judge said be thought ii no; necersary
Mr.. Dugsn ssksd il be to 81. here, with Others
expected to give an impartial verdict, when grave
charge has been made against one Of the JUROR
The Judge said, unless the case has been regular!
brought before him be could not take any n'uce 9,
H. The mere statement in a newSpapsr, OF remark
Of the District Attorney q to something said. the
n ,sLa pofca of /.