New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1854-10-16
DAILY CRESCENT
From the New York Ddily Times.
TEE GRAHAM TRIAL.

The general interest felt in this case has il
no way diminished, but seems rather to increaa
as the trial Of DIR. Graham progresses No
only the Courtroom proper, but that of tn
General Sessions Court, adjoining, (the folding
doors having been thrown open,) was fllet
throughout the. day with spectators and thu
crowd around the door previous to the sitting d
the Court was so great as to cause much incon.
venience.
Judge Mitchell having taken his seat,
Mr.. Shepard, District Attorney, addressed
the Court as follows
May It please your Honaor-I have been very much
subjected TO criticism the part Of my learned end
on the other side to the which have adopted
on the trial with respect to the jury panel
Mr. 0conor dnterrupting} submit If the Cour,
please that before we hear speech this subject
should have some motion made to the Court We arr
now engaged the trial of for his life and put
unless 1t be the regular reception and investigation
evidence, or discussion upon motion made upon
points Of law. suppose-nay, have some knowledge
q what Is intended here. We here to be drawn
into of those discussions that frequently take place
at TammaDy Hail. at the stuyvesant Institute or at
the Wing Assembly Rooms wherever they are or al the
meetings of the Know Nothings So that object to the
District Attorney making any thing but motion your
Honor apprehend that he ought to make motion il
ne means any thing and If he has motion to make
then the matter Is irrelevant not consent but
your Honor can control and prevent speech being made
or tne readlng OF any thing This is not matter in
volving Mr. Shepards personal standing or reputation o,
official conduct and if it be- he will have opportunity
of meeting the imputaton and vndicatng himself wheI
this trial is But trust that there Is nothing thai
will render necessary for him the vndication of hi
official character from assaults to any thing to tbs
prejudice injury of the party trial Robert M Ora
ham We have done nothing against Mr.. Shepard ant
II we have. we amenable In shape form but
w. sas not .o bs PIT here On trial when Or Grahams
that Mr. Shepard shall make some distinct motion and
not preface it with speech.
The Court What is the subject matter
Mr. Shepard The subject matter contained in one oi
the morning newspapers, stating that
Mt O,0onor dnterrupting) That is what object to
your making any statement Of the matter.
The Court. Let me look at it,
The District Attorney handed the paper (he Tribune
containing the following paragraph to the Judge:
correspondent calls our attention to the fact that
the defence in the Graham murder trial have succeeded
through the inexpeable negligence Of the District At
torney IN packing the jury far that Mr. Geoege Well
man Wright full cousin to the DEFENDANTS wife is one
Of Its members That this is the believe
DC disputed and we deem it proper that the public should
be made of it, Comment unnecessary at present
The Court after reading the paragraph What DO you
Gle? - =
The Court Yes
The District Attorney What course ought to be tken
if the fact alleged is true2
The Court, am not prepared to say.
The District Attorney wish to say thing in
The Court see that the statement impues some fault
@ you as to that it is not necessary to make any
mark. Have you any motion to make You said YOU
had something to submit Is it motion!
The District Attorney propose to ASH your Honof's
assent and without the the other
side who refuse it. propose say ask the juror the
question himself. T3
Mr. o'conor That is motion to examine some juror
as to his qualification to sit the Jury is that the
tion
The District Attorney That is what it comes to.
Mr. O'Conor. You have not submitted any motion yet
when you do, will have something to say about it,
The District Attorney 1t seems to me as eminenty
improper that juror against whom there is principal
cause of challenge and who hardly be supposed
unbiased should sit upon the Jury. That, think. ia
entirely improper propose to take means that
legitimate and fair, to ascertain if this fact Exists The
law judges absolutely that such is preudiced u
ror and is not qualified to sit and every body
munty casee the impropriety of that juror sitting
this trial just well the juror himself Now nv
learned friend the other side may argue the question
It seems to me too plain question to admit of any
ment
MI oconor well sir, It's seeming to the learned Dis
rct Attorney to be question too plain for argument
may be reason why he should not argue It, It's
ing to me too plain for argument may be why
should say some thing about it. Certainly the opinions
Of counsel on either side whether Of the counsel for the
prosecution to the character of his case and the
cacy of his motion will not weigh the authority of the
Court Now, sir the law this subject shall refer
to If necessary think it is exceedingly well settled
The Court (interruptipg) am not inclined except
have evidence of the fact to proceed in this mat
ter will not SO upon statements of newspaper
They should not be such as to raise aquestion.
Mr. oConor That is precisely view OF the matter.
and having no desire to waste time to hear ourselves
speak, we leave the matter to your Honor's decision
ask the juror the question, he sits before me- II
your Honor deny me that notion can do nothing
have affidavit to submit.
Tho Court think it would be improper unless he VOL
unteered to make the statement himself.
The District Attorney. II your Honor think, can
not do any thing in the matter
One of the jurors (Mr. Dugan) .here rose in
his seat and asked permission to address the
Court.
The Court The juror must observe the difficulty there
is in remarks being made and, there is nothing
before the Court wish the juror to be cautious in
king any remarks
The Juror. wish to make remark opening and ask
permission to do so
The Court, Well, what is it?
The Juror It Is in relation to statement made this
morning at the opening of the court by the District At
torney in reference to Of the Jurors this trial
any need Of any thing being said about it do not see
any proprety in any thing being said here on the sub
The Juror Am then permitted to sit here as an I'M
partial juror with blow eyeled at of my associates
to render impartial verdict according the evidence
when grave and serious charge been made against
of the members of the jury?
The Court The Court has already passed upon that
it not be enteredon unless it IS in the
per way
The Juror will hereafter sir, be called upon with
the rest of my fellow to render impartial
dict
The Court (nterrupting) The Court can not hear an
argument from Jurors any than from any body else
therefore the matter is decided unless the matter be
brought before me in way that ca legally take notice
Of; can not take notes of statement made in
paper by the District Attorney unless proof
be given to me of the fact stated.
The matter was here allowed to rest
Major .4rrlold Harris, sworn Examined by Mr. WIFI
ting.
q. Where do you reside A. In NewOrleans; for
about six years have been acquainted with
Dr. Graham during that time he physician there
him almost daily when in the city for two wears
resided in the neghborhood and in the follow
ing year boarded at the house he generally
in the habit of going foot through The city he was
in the habit Of carrying in his hand in fact
not recollect the time that him without
one. q.ssi
q Showing sword-cane1. Have you seen that cane
before A. think have it in Dr.. Graham's pos
session. believe that the cane that he generally
ried do not seeing him with any other cane
when standing still he generally held the cane below the
handle and tapped his boot with it have seen him hold
ing 1t across his shoulders when talking to persons
him hold 1t in various when going meals he put
his cane and hat always carefully together.
= BY Mr. Shepard. The cane produced is so much like
the one Dr.. Graham carried that would say it is the
same to the best OF my belief cannot recoeet that he
carried any other than that in walking he held it
by the hande and when talking standing he played
with he did not carry 1t much to bear upon
necessity, to play with or for ornaments carry e
cane myself, though do not need ii.
Samuel S. 0sg0od sworn Examined by Mr.. Whiting
hail from NewYork and reside sometimes North and
sometimes South last winter four months in Now
Orleans knew DIR Graham for about seven months
boarded in the house with him. the st. Charlie:
Hotel Eew0rleans Inever reeoeet seeing him without
a cane except when at his meals (Cane produced4
remember seeing this with him ut Saratoga think
saw this with him in New0reans; saw q gold
headed cane with him IN New0rleans ss
By Mr. Shepard. When saw the cane with DIR Ora
ham cannot recoilect If knew it was sword-eans
but think recolect that he drew the eana inch
twofom ths scabbard saw him frequently in the draw
ing-room. s