The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-04
TIE HOMICIDE At fHE st. NICHOLAS HOTEL.


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Court OF Oyer saa rermaner.
The Hororsbe Judge Mitchell, presiding.
TUESDAY, Oct She Court was opened this morning,
with TIE usual proclamation.
The trial Of Dr. Robert NJ Grahsm who stands charged
with the murder Of Co Charles Loring at the st. Nj
cholss Hotel thu 2 Of August last. having been SCI.
down for this day, the court room filed With al
snxicua and Interested audience constsersbe time be
fore the formal opening The accused DR.. Graham,
early conducted into court, and for time ocoupisd
eatu the urI box in company with his brother in law,
Mr. J. Waterman. He after wards took seat behind his
counsel which be occupied throughout the days pro-
ceedlcgs The prisoner is middle Sized eleg ant Look
ing man, apparently rome forty years of age, with
thoughtful reflective looking coun.eaance-pAls from
lorg confinement in prson-on which it would be diff
fcat TO detect the traces OF that violent
passion to which his present untortuaas position is at
trbuted. He was neatly ani puac.iliods,y dressed.
His wife ia court, occnpying sea. beside him, at
tended by hsr uacls Captain H. MARSHALL aud his LADY,
MINOR Eeiss editor of tina New Orleans Dela, AMI his
lady, aid others. We also noticed in attendance
Judge Lyons u Judge OF the lower district of Calfor
MIA Judge olcott Of Louisiana; Colonel Waldo, Major
Tsnney, Hon. Charles Clifton, of New Orleans; JANUS.
c. Feed, Esq Of New Orleans, aud number of other
gentlemen from the Doctors native city, all testfying
THAR desp interest in the proceedings 10 which their
The prisoner was formally arraigred ct half past ten
O'Clock. The indictment charges that he. Robert N.
LoIrg did on the "a Of a, gust ast with force and
male assault In and upon haries Ioriny, and did
strife and thrust him, ,hs said Charles L,rng With
sword the left side Of his back thereby inact
ing mortal wound, half an inch in BREADTH and ten
inches in depth whereof he the said Oh aries Lorog in
have been committed with sword and the third with
sword att cbod to cane
The a1signment having been made, tie Clerk of the
Court, addressing the prisoner, asked
Do you demand tlisR
Prisorer-Yes.
C,elk-sre you really for your trial.
Pris ner- Yes
For the prosecution, Lorenzo B. Shepard hi trct A..
toIney slIesred; and for the accused Messrs. j. 4.
Whiting, (hsa. O'C0nor aDc A. Oasey Hall.
1he Clerk then commenced TO call the jury panel.
repismin Keller having answered to his name, Mr.:
way ouch questions would be demanded Of
him touching his competency to the jury,
thereby dispensing with the necessity Of formal chal
lepge, such should be assented to by the Dis
The District Attorney supposed that the best way of
Bronson in his judgment in the case of tbs People
against Bodne-that the challenge be clearly and dis
tirctly made, and trers appointed to examine 1t.
Mr. Whiting--We propose to adopt the usual plan,
which is to let the juror be to such ques
tons b. put to him touching his qualifcatio to
juror end under that oath the ordinary ques
tions may put tending to show whether he has any
bias feeling in the matter whether he has formed
Judge Mitch ell-Ycu propose that the Court shall
stand In the place of triersf
Mr. OConor-lhat is really what mean to have
done We altogether satisfied with th;s juror, bat
VIC think it may be well to observe the precaut,on to
inquire whether be hss in been subjected to in
arepces which might commit him. either by reading the
accounts published in the newspapers in 0thor
way The regulsr course of proceeding 10 by formal
challenge We propose TO dispense with tina. formality
The e. mt then trieg the matter substantially without
the .ssty of bringing forward solemn action When
We Gnd juror here-n such oce should appear
whore bias or other want of qualifications might seem
n afifn ri oau fQr friAr
The District AtorDey-l suppose that when The chal
epee addressed TO the Court be tried by the Court
form, in the where it is to be determined by
tiers unSerstard 1t to be perfectly regular for the
counsel for the defence to ask that the Court hall be
challenge for favor merely, and not for principal
cause. II that course of proceeding the ono Fought
to he adopted entirely assent to its adoption But in
that case too it win he necessary for the counsel for
the defence state specifically and precisely the ground
ake issue On ,ha. ground and that evidence may BE-
Judge MITCHELL think that the bst way is to allow
the course Of proceeding proposed by the coanse for
the efenee till they discover somsthns tending to en-
rul p Of the Court the Of the PEOPLE ayanst Bo
dine, to which have referred
Mr.. OCoror-Wc shall take care not to embarrass the
case at all
Jnegc Mchell-The view that take of the matter il,
that ucec he crcumstances before il ia impossible
for a for the defence to know exactly what oh
lection thtre nay he till the juror shall be allowed to
proceed far enough t, elicit what are the facts which
objection may be made
The isti,ct Attarney-Your Honor remsp,bsrs ths
opinion Of the supreme Court in the case OF the People
against BodiDeg
course indics cd there is the strictly formal way, bat II
is MT always an expeiient way.
The first juror caiied-BcDiamn Keller was then sworn
to answer ell ques put to him touching his compe
tency to serve as juror on thi, trial.
Mr. Whitng-Havc you read the account of this trans
action in the newspapers
WifnesB-Yes
O. Fave you formed opinion in relation to the guilt
or innocence Of tho accusedr
A. did at the time.
Was that by pothetcal opinion, formed from real.
ing the newspaper
A. No, sir.
Q. Was it fixed opinion
A. gron the accoun. that read ! made up my mind
Q Is your mird so free as that you can sit and
listen to the testimony and decide according TO the evil
dence irie.pective Of what you reads
A. think II Is not.
Q. You woud require some evidences TO remove the
IMMERSION now on your mindS
4 ! slould-some very strcpg evidence.
Have you any prejudice for against the Doctor
A. do rot know the gentleman.
The District Attorney declined to ask the urant any
questicns and The ourt upon the evidence given, do
this t,ial.
pursued with the other gentlemen on the panel who
answered to their nmes and forty ether persons
set aside upon similar, or somewhat similar state Of
Daniel Moran, OF the urants ret aside, being
e,smined derosed as follaws:>
Mr.. Whiting-Md You read an sccocnt Of the transac
ton IL the papers?
read tbs first aud second days reports.
Did you form ard express en- opinion as to the guilt
Or ibLccecce Of the accused?
A. Gid the first day but the second day the report
was different, so gave 1t up. CLaughter)
Ttex the days report did not agree with the
hrsts
A No, 1t cid not.
O. You formed opinion on the first day-did you
form opinion on the second?
A. No, gave it up altogether; did rot put much
faith In the pepper was reading; do not have much
confidence in that paper at ALL thought the reporters
that newspapers could not DO In their
pcits the matter havir taken place at night.
Was il in the paper that you read the second
days rcrorty
4. Yes.
@ To you continue to read that paper stilR
A. YET. Iaughtcr)
Q. What PEPPER is itY
A. The New York Sun
q And Jou continue to read that paper since, although
you have confidence in it2
A. Yes keep it for cheapness. 0aughtsr)
The juror allowed TO stand aside.
Seven Jurors were perempto lily challenged BY the coun
sci for the Seft nee and set asie Three excused