The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-04-15
The Sfanwix Hall Homicide-A Jury not ye
Formed In tine Case OF 6aKer.
COURT OF OYER AND TKRMINEK.
Hon. Judge Strong presiding.

Hon. Judge Strong presiding
PaosDoUI ENTERED IRVING MogRIssEY.
APRIL 14.-ghe People II. Louis Bake.-The prisoner ia
this ID charged with the murder OF Vim. Poole
Stsnvix hall and tried a former occa sion, when
the jury unable to agree The Attorney General
and NJ Oakley Hail. District Attorney appeared for the
prosecution Mr.. Jas. T. Brady counsel for Baker.
The accused looks well and does not appear have su
fered much mentally bodily, from his long confinement
Capt Rynders sat Bakers left. The court
inoonversnty crowded and warm
The District Attorney stated to the Court before the
jury empanneed that the prisoner is nd:ted with
jas Irving John Morissey and several Others for killing
william Poole 1t appeared from the examination which
took place motion TO BAIL tina. the evidence against
Irving horriseey sufficient and Judge Cowiss
in his decision remarked that they should been
included In the Indictment After stating the of
the testimony sganst them the District Attorney asked
permission 10 enter nose Troeaii against Mr. Irving
and hor-issey. The Court sssented
The Dis.rfc. Attorney then proposed TO Try all the
other par.iss-Louis Baker, James Turner Cornelius
Lynn, James Van Peir, John hyer and Patrick Nc
NJ. Brady demanded separate trial for Louis Bakel
and the Clerk proceeded 70 call the Jurors, hundred
acc aix OF vho Out OF panel OF oVo answered Some
we're set aside for having formed an opinion as to the
guilt CT the accused; and Mr.. Nash and Mr.. VIM Tall
Iadse tre-s to try the jurors to favor
M Becker, juror said he HAD formed 40 opinion from
reading the testimony the last trial. but he would
find yerdic: according to the evilence in this case
The trers found the challenge not tfue Mr.. Brady
challenged him perem ptorily
Mr. Dubois juror oeposed that ne had formed
fixed and settled opinion from reading the former ev
cencs he directed stand aside. VIM. Lowell
formed very strong opinion he heard enough last trial
to convince him how things were.n Stand aside
Dsr lei A. IsrkiD juror dep bed that he had formed
opinion at the first ment OF the transaction but
lie has &c fixed opinion now
Nj ady withdrev his challenge. The Judge said he
feared there would be difficulty in obtaining jury
here ths and he cid wish tn be
here for twelve months to endeavor to get SUN :isns
number he would swear the juror ON G. ndition that If
that difficulty arose, ne 1.-THE judge might make what
disposition OF the matter seemed necessary.
Mr. Brady said that he had not The doubt OF
jury being found from this panel His Honor, however
could Mr. LArkn subject to rung OF the kind
Ihe District Atttrney then challenged the juror Tor
favor Witness, examination, stated that he formed
al opinion that they all ought to have been shot
To M. Brady have never expressed an opinion Of
the guilt innocence OF Baker The trers found the
challer ge on the psrt Of the people true
and expressed al opinion In the matter. Some had
changed their mpI eions made by the Coroners inquest
since they The testimony ut the last trial Mr. Nc
Culom, juror, said that mis- mind changed, be-
csuie he thought the defence got the best Of it on the
At about four o'clock the panel was exhausted and
only five jurors had been empAnnelled.
They were:-Alex. Phy'e, John NJ. Crowell, Geo 5.
Nawson VIM. II. Siocum, JAS Peterson
The C.urt-Wen gentlemen, the panel is exhausted,
what Is to BIZ dcne'
Mr. vandsrvoort the Clerk, In answer to Mr. Brady
said that 500 jurors HAD been by the sheriff
$50 Ct that have been excused exempted
BIZ law, and log have answered to their names.
Bcs5y said he did know how long II would take
TO summon $50 additional jurors.
The Court thought that from what occurred here to-
day OF another $50 they could not get than two
competent jurors.
The District Attorney-Accordng to the evidence Of
the jurors themselves % per cent have formed opiI
loo one way or the other, in the matter.
The Court had hoped that out Of the panel they should
have been able to get jury but such STATE Of things
exists they had there to-day he ought 1t would
dcuit to get tar ard impair ts jury against this pr
soner and the question would it MOI be better to have
him tried elsewhere the duty of the Court to protect
the prisoner wen TO that justice was done to
the prosecution
Nj Braoy was confident Of the determination Of the
Court justice to his client and he appreciated the
motive for the suggestion of his Honor; but he (Mr
vas q rey convinced that fair trial could be had In
New Yorkthst they could get good and fair jury:
He had consulted With his client and they had agreed
that was necessary fer Mr. Bakers interests that this
trial should proceed Immediately,
The Sheriff being sect for, lis deputy, Mr. Vultee, ar
rived and in answer TO the Court said that It would
take day 70 nmon Eve hundred additional Jurors.
An additional panel then ordered, returnable
wednesday morning. Under an admt milton from the
Court the jurors we're permitted TO separate, and
tbe case vas adjourned &C Wednesday morning.
Non attending jnrcrs we're fined w ssch