New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-11

M
Same sgt. same-Order reversed.
SUPREME co 7Rr-G.srnL TERa-DIc. 10.
HE RIOT AS TO PROCESSION 4TH JULY ,l653-0fiSI0N.
NEW TRIAL GRANTED.
The People e the State Of Ne sYsk Edward Christie and
obeu
NORRIS, J.--FAcTs-The defendants were jointly
indicted for riot committed in The Ninth Ward OF the
City Of York on the 4th day Of July, 1885, the
defendants pleaded not guilty; and on the 18th dsy OF
December, 1853, the issue Of traverse so joined SINE
Oh to be tre before the Hon. Francis Tou, Recorder
&c the defendants being tried jointly.
On the frst juror, Samuel Carson, bling called, he
was challenged for PRINCIPAL cause By the defendants,
on The ground Of hi having formed or ex pressed an
opinion Of the guilt of the pr'oners or soma OF them
This cb ,leDge was denied by the people, aud issue
was thersu on joined. The defendants counsel Joan
McKeoD offered witness 70 prove the chalenge .n9
juror himself This objectsd to by the people euu
the objection sustained by the court 10 WHICH oe0''
the defendsnts' counsel excepted. III, .... -,
1t was admitted, for the purpose OF me r T1
to the chserge Of jurors, that on te ~ ;ev called
last pact there sS Fa' Of RbernaDsa society
NJ ,,sbuen and Roman Catholics t1at the deiepiau
ware member OF that Society. Ana II was az
for the purpose OF the srguuent as " .oo 90 Co1oI;cs
;uror, that portion Of the defendants are Ca.noGs
er6 a norton foreigners; hat the alleged ro' tooh
nace IN the neiehborbood Of Abingdon SQUARE ~ ;ne
Ninth Ward of the City Of New-fork, tnousI "'Icn
the procession passed and mar aun ebsscter were
pa hu some of he parties engaged as for instance
C. XIII The id Irish" 1" Kill the ID FopiSn sons o.
BIS" "Ki1 the ID Yankees. "eo e,oo ~ nr
,tsd nv the O. Ell ndans coun el Tor the purpose OF
~ rbailenoe TO Jurors that strong preJullce eX-
ieted among the Police amp Id aDta1s vi ;ua se'''n
NJ the city az ainst Irish and Roman Ca'oohcs.
81 inrOys we're called and rejected; some we're
rsrnntoriv challenged one of The rors beloS called
PS c6allsnged 10 the favor, on the ground that he
Nd has p,tiudice or impression against the prs
oners or some Of thtm, fsrs were ~ o1
r. ,;y;.rs, when James ack was called az juror,
WHO xss challenged 20 the favor by deen1ants CONF
seI on the ground that the juror called had bias,
pref OF impression aSals tne ueicnu"Hs Ut soine
OF them. .,,
This challenge wss denied by the people, and Issue
was tbereupep Joined. The same trers as IN the for
er Gases ere by consent in this case appointed The
attendants called as a witness TO prove the cha-
enee the juror called, who, after answering several
auctions in relation TO the ground of challenge, was
asked the following que 'tion:
o. Have you any bias or prejudice against Roman
Gail Olics
To this question the DistricAttorney objected, and
coptenGed that the Juror was rot bound TO answer If
he thought it would dbgrace him. TIE Court sus-
taaed the obe ction Of the DstIctAttorney, to which
decsion the counsel for the defendants opted. The
Court thereupon inforEed the witness that he was
not bound to answer the question, if 10 his opinion
the answer would tend to disgrace him; to which
ipstrs cion and decision the defendants counsel ex
10 al swer.
The DEFENDANTS then moved the Court to compel the
Juror as being witness to answer the question, which
the Court refused TO CO.
To which decision and refusal the defendan5 coun-
sci excepted.
Timothy II. West was called as wi pess on the
part of the prosecution and les lied follows Taat
be lived at No % Eighth avenue; a hOusecarpen.
ter; saw the proc ssiOn; there space of twelve
feet or more through which the stage driver passed.
heard the expression" Kill the d. son of 3D.
after witness left his son in Troy street witness re
turned 70 the STAGE he then me- policeman and told
him the Order of Hibenisns had attacked the a{e
driver and were about TO murder him On the spot"
Mcpherson vent in and told them to disperse; two
men ma6ea pass at him. stepped back 20 Eighth
avenue he die not pee the Marshal at the time Of the
affair with the stage.
On being ioss examined the witness was asked:
@. Do you belong TO the Order of United AmeIi-
cans
This question was objected 10 by the people. The
objection sustained by the Court, and to this de-
cision the council for the defendants excepted ms
folloEing qNes ion was then put
.. Do you belong 70 any order NV
This question vas objected 10 by the people. Inc
obje ction sustained, and TO when 0ecsioh lhe
defendants excepted.
A. the foundation of American Jursprudence 10
the 1is ht to be tried by impartial, unpreIudiced
inv is light paramount to ali others, and not
10 be sacrificed TO the fear apprehension OF wound
ing the feelings OF others. ,,,en.
In this new tr1al snouia DC orueFel Ioi LUG
First The Juror, Carson, should have been received
MS witness TO prove that he had formed or expressed
an opinion of the guilt OF the prisoners, or Of some OF
them.
The Juror who had formed an opinion and has not
EXPRESSED IT, is the only source from when the TACT OF
tha formed opnop" can be obtained. There Is neil
tber dsbopor hor disgrace attached to the fact that
man had formed an opinion upon any SUBJECT wnlch
aeated public consideration and there Is no reason
why the Juror should not be used ss the witness, TO
prove the cause Of challenge.
The prosecution at the tIlsl DID not ooec' .uat tue
challenge assigned against this juror should not have
been for principal csuse but TO the favor, and there
fore he cam OF take such position here.
Second. Under the admissions OF fasa made by
counsel o. the foundation of challenge, the Court
erred in refusing to compel the juror Black TO answer
the question, whether he bad any prejudice OF bias
against Roman Catholics" "a,
The question should have been permitted
Third: The question TO the witness West whether
he belonged "to the Order of United Americans,
should have been permitted by the Court; for had ~
by the witness been shown that he did, and that such
order was established with prejudice against, and 10
oppose Irish and Roman Catholics, such fact was
proper for the Jury to receive to enable them TO de-
ter1nne how much, if any the witness evidence was
warped by the principles of his order.
SUPREME COURr-srEcrAL TrRM.-Des TO-
DECISIONS.
Charles 4. Grim, and others, agt. Caiharine Grim,
Susan Mersereau, and others, agt John Mersereau.
Order granted.
COURT OF COMMON PLEAs-Dcc. lO.-BsfOrs Judge
DAILY.
SUIT FOR ALLEGED TREsPAss.
r. J. Richards ast Edw ard p. Clarke and others
To recover damages for alleged injury to machinery,
kc at factory Second and street.
"A hv M Ri-hs raj for nj a