The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-23

yuspoensing OF the Presiding Judge and Ena-
pannellmg OF a Jury Under Damcuities.
COURT OF OYER AND TEKhiNKK.
Before Hon. Judge Roosevelt.

Bubpoe nsln0 Of the Presiding Judge and Eul-
pen.elling OF a jury Under Damcuities.
COURT OF OYER AND TERMNER.
Before Hon. Judge Roosevelt.
MONDAY Oct 22.-The trial of Alderman Arson Her.
rick indicted for having received bride of 500 in
uection with his Official duties having been fixed for this
morning the court room was uncomor,aby crowded
With witnesses Jurors and citizens DESTROYS of being
present at the proceeding
Mr. Hall applied the Court for an attachment against
Edmond WarIng important witness, who sub
pensed to appear but who not In attendance. Mr.
Hall stated that he could not proceed in the without
the testimony of that witness He thought, however,
that he would be here by-andbye and that they might
60 and empannel q jury.
The attachment was granted.
Mr. Brady wished to know whether the District Attor-
ney was ready, or not, to proceed.
MI Hall at liberty to sit here and wait for the wit
ness to be attached.
The Judge inimated that it was better to 20 with
some one of the cases.
Mr.. Hal-The first step will be to empannel jury in
the Of The People Herrick.
Mr.. Brady-We ready for trial. Your Honor has
been subpanaed witness here the accused and
is certainly intention to examine your Honor from
the conviction that the proper defence Alderman Her
rick viii depend upon the ecing facts within
your knowledge. the District Attorney requires
affidavit Of the materiaty of your Honors testimony
have that affidavit and ready to read 1t. mention
this TO the District Attorney that he NAY he dee
proper, move to have the tried before another
Judge The defence in this will reach parties high
in authority in this city whom will accuse of at
temps to sacrifice for their ends To put the thing
in such shape that there be no doubt about 1t,
I will read the affidavit of Mr. HerIick
Judge Roosevelt-What Is your suggestion sirg
Mr. Brady-it Is that your Honor should not try this
Judge Rooseyelt-state your reasons, sir
Mr.. Brady-I will read the affidavit.
Mr. Brady thereupon read the affidavit of Mr. Herrick
stating that J. Roosevelt would be material witness
for him in the trial of the cause.
Mr. Hall was very happy TO learn on Saturday, that
bis Honor had bcea suhpnaed as witness for the de-
fence hoped all the witnesses the defence would
be little Objectionable 1t the first time however,
be had heard read Of counsel Directing to his
Dwn witness being a judge or juror in case
He Mr. HalD familiar with all the circumstances
of the case, and that his Honor's testimony
could not be in the slightest degree relevant If he had
the least idea that his Honos testimony could possibly
be relevant he would adopt the suggestion Of the coan
draw from the trial Of the
Mr. Brady was proceeding to argue the point but
Judge Roosevelt who thought it unnecessary to argue
the point. He had received The subpoena on Saturday
last and could conjecture what the of serving It
on him was. But he knew nothing Of the merits of the
case and in the Of the trial there should appear
to be anything which would render it improper for him
juror ~ " might 20 'f'A'A '' 'ns ",'n'''6'' 81
Mr. Brady asked why he should not be allowed to state
the reasons OF his proposition.
Judge Roosevelt had desire to prevent the counsel
stating his views.
braOy nad certainty aaoptea the most consluerate
and delicate way of gaining his point and If anything
disagreeabe out OF it, he responsible there
for He had advised his client that the testimony of the
presiding Judge be material to his deence and
If in view OF that his Honor conceived there OBJ
lection to his going on and bearing the case might
gal for his Honor to decide the admissiby of his
own testimony.
The Judge ordered the trial to proceed
At the suggestion of Mr. Ball the folding doors of the
Court Of Sessions then thrown to accommodate
Abe large number who thronged the
The Clerk then proceeded to call the absentees the
jury list.
Mr. Brady desired it to be noted by his Honor that the
motion which he had made was denied and to that he
The following jurors answered to their names and were
sworn without challenge.
Owen Flaherty,
and examined touching his competency act juror.
He had partial knowledge Of the charge made knew the
of the witness bui had formed opinion as to the
guilt or innocence OF the accused.
Mr. Brady Withdrew his challenge for principal cause,
end challenged for favor; and the two Jurors already
He Mr Cooney) resided in Fourth avenue and Twenty
Eighth street. first of the matter weeks since.
q Do you know Of political party in this city
bfy known rs the reform parys
Witness cannot say positively that do he did not
know Of any person connected with that party; had
heard Of the charge against erck spoken of in society
the conversations which took place the subject had
abou. the matter had not heard the District Attorney
argue the otner day that the fact of being indicted
was unexplained evidence against him; Mr.. Hall sug.
gesed that 1t would have been difficult thing for him.
bad no connection with OF the persons who set them
Mr. Brady yhen withdrew his challenge for favor and
challenged the juror peremptoriE.
John H. James called and answered, he was cha
Ienged for principal and examined touching his
competency to act as indifferent juror.
he had heard read very little about the case; did
not know particularly what Alderman Herrick was
charged with did not know personally either Alderman
Heick Fernando Wood had not formed or expressed
and had no opinion on that subject; thought he had no
impression his mind in the matter and had told no
friend IN VIVA, ne Thought me merits o.
opinion to the guilt innocence OF the accused or in
reference to the indictments recently fouud had heard
no talk about the propriey Of convieting an Alderman
two for the good Of society; had no more dis
position to see an Alderman convicted than any
Time some Of these nV Officials should be punished
The Judge overruled the challenge for principal cause
and the juror was then challenged for favor
He knew by reputation, Mr.. Herrick, as the Editor
OF Sunday newspaper; hardly ever read the AHus-
not certainly FRA year thinks he read no newspaper
conscientious rrucces against the publisher of Sun
day newspaper. -
John Brissen was next called, and answered to his
name. He was challenged for principal cause. .,
no opinion about 1t.
Challenge overruled and juror sworn
Frederick Hazeton called and answered 70 MS
name. He was challenged for principal cause.
He thinks he expSessed his opinion about the guilt or
innocence of the accused but not deliberately.
Mr. Hall stated that it had been suggested to him that
this Juror might stand aside and he had objection
Judge Roosevelt stated that where the District Ator-
uey made no objection the juror challenged for principal
pause should aside but without setting any pre-
redent to govern other cases.
George Vaughan had read Of this case had not formed
decidedly any opinion respecting the guilt or innocence
fthe accused had Sigh. impression on his mind
bundled on what he had read Of the would not
jcquire great deal Of evidence to remove that impress
Zion. s.u
Challenge sustained, Mr. Hall making no objection and
Judge Roosevelt inmating that IL desirable to get
jury composed of persons who had formed no opinion
VIM Brown had read somewhat in the papers about this
case he did not recollect particularly what II he
had read he did not place any dependence newspaper
reports lad formed expressed no opinion respecting
the guilt or innocence Of Alderman Herrck; had OPT
MON or Impression his mind at this moment whether
he was guilty or Innocent resides In the Ninth ward
bad heard the discussed In conversation and
had kind Of impression his mind either one way or
the other; he believed II political squabole or some
1hing TO that effect.
Challenge withdrawn, and MI. Brown sworn AZ juror
Beniamu BnNkrn reeides In EldridGe afreet. had