The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-12-12

BHlHtu vOe VI MT FOStcT, lOSt tnht VI
Mr. Clark.
Mr. Zolcoaer gained the vote of Mr. carlile, and lost
that of Mr.. Foster
On motion Of Mr.. GALLOWAY, at o'clock the House
adjourned.
IS A KNOW NOTHING FIT TO SIT ON JURY?
SUPREME couRT-axSRRAL TERN.
The People Of he State Of hew York against Edcard
Christie and ohgs.--OrIsIoS.--- J.--FAcrs-The
defendants were jointly indicted for riot committed in the
9th ward Of tho city of New York the fourth day OF
July 1885, the defendants pleaded not guilty. and the
4h day Of Decembcr 1882 the issue Of traverse joined
came on 10 be tried before Hon. Francis Tou recorder,
&c--the defendants being tried jointly
On the first juror-Samne Carson--beng called, he was
challenged for principal by the defendants the
ground of his having formed expressed opinion Of
the guilt Of The prisoners of them This challenge
denied by the people, and issue thcreupon joined
The defendants counsel John McKeon, offered wit
ness to prove the challenge, the juror himself This
objected to by Tho people, and the objection sustained
by the court to which decision the defendants counsel
excepted
1t was admitted for the purpose Of the argument
the challenge Of jurors that the fourth day of July last
past there procession Of society called the An
cent Order of bernansa society composed Of lrsimcn
and Roman Catholics that the defendants members
of that society and it admitted for the purpose OF
the argument the challenge Of jurors that portion
OIL the ueIenOantb are
that the alleged took place the neghborhood Of Alb
pgdon square, in the ninth ward of the city of New York.
through which the procession passed. and that during the
riot expressions Of hostile and insulting character were
used by Of the parties engaged-as, for instance
eKill the d--d Irish" aKill the d-d Popsh sons Of
bitchesp aKil the dd Yankees It also contend-
ed by the defendants counsel M the purpose Of the chal
lenge jurors that strong prejudice existed amongst
the police and inhabitants Of that section Of the city agans.
Irish and Roman Catholics
Several jurors were called and rejected one were per-
emptoriy challenged Of the jurors being called and
challenged to the favor the ground that he had bias
prejudice impression ngans the prisoners some
Of the trers appointed by court juror chal
enged for favor and rejected by the ers when James
Black called juror who was challenged to the ia
vor by defendants COUNSEL the ground that the juror
called had bias prejudice impression against the de-
fendants or some one of them.
This challenge was denied by the people and issue
thereupon joined The tiers in the former
were by consent in this appointed Tho defendants
called witness to prove the challenge the juror 80
called who after answering several questions in relation
the ground Of challenges asked the following qucs
ton:
O. Have you any bias prejudice against Roman
Catholics 2
To this question the district attorney objected and
tended that the juror was bound to answer if he
thought would disgrace him. The court sustained the
objection of the district attorney to which decision the
counsel for defendants excepted The court heeupon in
formed the witness that he not bound to the qnes
on If in his opinion the would tend to disgrace
him to which instruction and decision the defendants
counsel excepted On the question being put the juror de-
clined to answer.
The defendants then moved the court to compel the u-
ror as being Witness to the question: which the
court refused TO do which decision and refusal the de-
fendants counsel excepted.
Timothy II. West called as witness on the part OF
a E~I- Coly Tfofh hn Itvo< af
No. % Eighth avenue house carpenters the pro-
cesson there was space of twelve feet more through
which the stagedriver passed heard the expression "k
the d-d son Of bitch" After witness left his son in
Troy street. witness returned to the stage lie then met
policeman and told him the "Order of bernans had at
tackled the sagedrve and about to murder him on
the spotn Mcpherson went in and told them to disperse
two men made pass at him stepped back to Eighth
avenue he did not the marshal at the time of the a
fair with the stage.
on being croas-examined the witness waa asked
O. DO you belong to the Order Of United Americans
This question objected to by the people The oblec
ton was sustained by the court and to this decision the
counsel for the defendants excepted The following quss
ton was then put
O. DO yon belong to any order2
This question was objected by the people The oh
ection sustained and TO which decision the defend
ants excepted, 4agt
OPINION.
AT the foundation Of American urisprudencs is ,ne
right 10 be tried BY Impartial unprendced jury it's
right paramount to all Others and il not to be sacrificed
the fear apprehension Of woundng the feelings Of
others.
In this care new trial slsald be ordered for the follow
ing errors
J. The juror, Carson, should have been received as
witness to prove that he had formed expressed opa
ion Of the guilt Of the prisoners or Of some Of them
The juror who has formed opinion and hAs not ex
pressed II is the only from which the fact Of the
'formed opinion can he obtained There is M her dis
honor nor disgrace attached to the fact that had
formed an opinion upon any subject which agitaed pub
lie consideration and there ia why tho juror
should not be used the witness to prove the Of
challenge.
The prosecution at the trial did not obe that the cha
enRe assigned against this juror should Dot have been for
principal canse but the favor and therefore, he cannot
take such position here .ssH So siI atkf
I'd Under the admission OF facts made by counsel as
the foundation Of challenge the erred in refusing
compel the Juror Black 10 the question whether
he bad "any prejudice bias Ag Ans Roman Catholics
The question should have bee, permitted. -
Id The question to the wtns-Hs West, whether he he
fonged Ito the Order Of Unite Americans should have
been permitted by the court fot had it by the witness
been shown that he did and that such order esab
lscd with prejudice agains and oppose Irish snd o
man Catholics, such fact ~ proper for the jury 70 re-
ceiye to enable them to oatsrmue how much, il sny, the
witnesses evidence was warped by the principles of his
order. W