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


An immense number Of persons assembled with q
view 10 hearing the summing up in this cue, but a
smsl proportion of which, need not say, were able
10 obtain admission 10 the Courtroom. Several ladies'
were present.
After some little delay, awaiting the arrv 81 Of par
ties the Court war opened. The Jurors not empan
leled in the discharged till Tuesday morn
ing, al 10 o clock.
The Jury empanneed having been called and an
swer, 10 their After the el4pse OF some little
time curing which there was considerable converse
tion among counsel, and Mr.. o. Conor went on tho
Lercb and said something TO the Judge. as did Juror
lie bur substituted, before the trial commenced Tor
one Hat had become unweli.
The Judge said that the Juror had requested him to
welt.
The foreman stated that there was petition pls ,ed
in the hands Of the Jurors asking that they might
sign it. He would hand it to the Judge, who could
Tetdi
The Judge having looked at it, said: " Show it 70
council Oh both sides" Mr.. O'ConOr said the Dis
tric,-Atorpey If the right one 70 look at H.!
The District Attorneys Jointly then read it, and
while reading, Mr.. o ConOr said he was ready 20
Coon
10 b. taken into consideration, and granted
The Judge said that any Juror who chose TO sign
II could 90 So and ii handed back to the fore
man, who signed It The second ons read il, and
also signed. The third signed. Fourth, fifth and
sixth JOINTLY read it, did the eighth, looking over
IN, IRON the line Of seats, the Jury sitting ak
on sscl row. The fourth then pouted ont something
in II 10 the third Mr. Dugan the niuth juror spoke
To- the three Ia-t Jurors ana then read It with
the rest except Mr. Wright the re zenith Juror, who
sat without taking any action bu, aftyrward spoke
to the foreman Ia front Of him, the District Attor
ney in the meantime gong on tie bench and speaf
ing 10 The Judge, ss did Mr. OConor, and subs.-
quenily Mr.. Dugan, the Juror
TIE third Juror who had presented the petition,
then stated TO the Judge that there mistake in
the name, and asked If he could alter II. The Judge
said certainly, and as many chose to do could
sign. He altered il, and Mr.. Dugan, as he came
from the bench, signed IT, a. did the eighth Juror;
the sixth Juror seemed 10 be busy with the fourth
and Others the fourth seeded to decline signing it,
the twelfth then read and signed it a. did then the
fourth ana sixth, and ultimately all but Mr.. Wright.
The petition Wa TO the purpoft that one Of the
Jurors had been spoken Of as relative Of DR.. Ora
ham, and then seked that the matter be investigated
and that if the assertion correct they be dis
charged, as it would be impossible for them to per-
form their duty.
Twas hanjed up. The Judge said it had been
signed by eleven Jurors but not necessary to say
which eleven. If the rem aiming Juror chooses to
fien il be do so, and it had better be shown him.
II was handed to Mr.. Wright, Who looked at it and
handed il bsck.
The Di,uict Attorney then went on the bench and
spoke TO The Judge, returning 10 his seat Judges
Roosevelt, Clerke and Morris also came the bench
and remained for some considerable in consuta-
ton with the Presiding Judge The four judges
are the Judges OF the Supreme Court, three of whom
~ an' c''ht w III oppchi W TIC oupfcuic OOUIt,
would necessarily form the Judges Of the General
Term before whom the appeal would come
Mr.. U C0nor rose and said the counsel for defense
would assume that the Court would give them An In
tmaiioD Of their conclusion before making any order
The Jacge replied in the affirmative.
The three other Judges having retired, Judge
Miioh, called the District Attorney up on the bench
aid the Two coDeulted for ebort time.
The Judge called Mr. y Copor who remarked that
their idea wa that the Court would state to the coun.
sci their opinion views before making fna order
The Juoge said 10 the Jury that it might be natural
for them 10 entertain the feeling they did. The
Court, however, can only act upon legal evidence
On being mpanDeied, you were questioned and il
you bad knew any thing you would not be justified
IN giving VERDICT exec a. 10 whs; was presented
ia evidence. However much you may be annoye1
a. the matter has not BEEN regularly brought up YOU
bot 10 take any notice Of it, There il ano,be,
difficulty. Ii may be that if the Jury were di,-
charged another could not be impsnneled. Ii IL
should turn out that the proceedings are a nuIlity
on account OF the objection, and we have power To
sst il a. ide oD that account We can do .o and M
harm Will accrue from the case proceeding 81 that
the Court cannot interfere a. the matter stands
Mr. y Conor said they had endeavored to conduct
this case according TO rule, but they have not been
entirely suscss.fu but they have bad several things
bc' eon'ormaois 10 ancient or modern usage thrust
Into this case. Dr. Graham has some rights. and he
will make such use Of them as liberal and candid
minds cannot disapprove.
As TO what Las been said in regard to this matter
lie "ouG say when we set out to get Jury We were
snflrfed at the course of the District Attorney
Ihe statute gave him right, but il had not hereto
fore been exercised. He caused the exclusion Of
some jurors and had it not been for that the Juror
spoken Of would not bsve been called. One, now
ever, has been called. There was a motion made On
Saturday to discharge the Jury, which We dill NOT
think proper TO act upon then. We think il . now
proper to act juror is questioned in advance. And
the objection raised here has legal weight; but ths
objection has been raised, public clamor h.s beeo
brought TO bear the public press ba. been enlisted