The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-05-01
The Dtansvfx Hall TraGs1y.
TEE jury NEUTRALITY-SUSPICIOUS. or rz1
Hon. Judge Strong, presiding.


TEE jury Observation-Disclosures or rzs
TRIAL.
Hon. Judge Strong, presidlng
Arm 3o.-7A People rs. Louis Bakr.-Shovtly after
the at4aps Of the court this morning. his HsDor an
nounesd that there messenger In sttsadaaes from
Me- Fox one Of he jurors sworn, who had informed the
Court that Mr. +. confined TO his bed BY severe
attack of rheumAtism and would In all probability b
obliged to remain ia his house for over week. His
notion TO make.
Mr.. Brady observed that, far ~ the defence was
concerned, he had no motion to make He supposed
however that the cause would be retained 90 that It
might go when the absent juror would be enabled to
stteLd. 1hs fact was distinctly demonstrated that
jury could DO got in this city to try the ease but he Ar
The remaining eleven jurors
The Court will not do that.
cused in any criminal Gaze s being presently az sn.ns
The Court-rhst question came up in DR.. Grahsm's
It, Ny own opinion then that II not competent
g proceed with eleven jur,is in capital case.
have been In tie Graham case it was not such prses
dent ~ tusht to be quoted.
The Court stu expressed its willingness to 60 on
Mr. Brady rem .rked that whether or not the Graham
case was precedent to be quoted, IL st all
adopted. The Court m gh. withdraw = juror.
The CourtDoes the Distrc. Attorney agree to q on
with eleven jur0r6f
Mr.. HAu-By NO means, SIR
MT brady-lpow offer also to draw from the panel Of
Jurors the hIst name and take that gentsnaa as the
The Court-wi the prosecution agree 70 tia. course
Mr.. HA-No, sir, we cannot
Mr.. Brady supposed that this matter must lie over,
and In view of ali these objections started he would
pcrtuuy Of sayins that Baker, hi. client, had been
or authority, and kidnapped, as 1t were, into this
city, TO swen the feuds OF parties not
year. snd earnestly desired settlement. of this mai
Ali his fluids exhausted and what I'D come to his
counsel "a fees for the services han besn contributed By
MS fents alone But he (Mr. Beady), with hts Assooa
council for the accused would stand by him so long
IS they ptssessed the breath of life. 1t maser Of
vital importance to bis client that this should be
decided that unnecessary delays should be cast
in the wsy Of This trial.
Mr. Hal teried ha the prosecution had thrown ANY
obstacle il tbs way of trial II the pross ,ution had
mot beec always ready the defendant seldom ready
there might 30 some mig in xha the learned counsel
addressed 10 the coart bat there various ,sds
tions that bould be looked in this besides the
conyenier CO Of the defendant
The Court have maze u.e of every effort in my
power 10 have his matter ceied. have now arrived
TO that stage Of the proceedings when u th
without ths consent of unel both sides, and
with that consent would d3a5t 10Y adj ity to q
Mr. CisIk Inquired jury coud not be empannelled.
The Court tupposed that, at this immediats time,
in view Of the fculy they had already experienced
procuring 'his jury. The next torn OF the Oyer and
TeIpner would b IN he fsI, bu. the Governor could
order tpecal terri, Ia the ime.
Mr. Hail remarked taat in this county the presiding
Juege vac empowered TO oSder spscisl term Of this
ccurt II he saw ft.
The Court sftef listening 10 the Observations of
sell cams TO the conclusion that tse jury ought to be
discharged. Should his engagements permit him ke
would be willing to preside NJ this trial another day
Mr. C.AkLet IT be understood, air, that the defence
do not consent TO this course
The Cour.Cei tsnls SIR there is no consent about IT,
Mr Michael Shieis residing in Nineteenth street. was
then Mt The spggssin Of counsel for the defence
sworn aud exsmn in regard 70 the state Of Mr. Foxs
health, stke abtent jurcrY From his statement It ap-
peAed that Mr. Eek was sject to attacks Of rhsums
us OF more or less duration, and was at present suffer
ing kom OF them.
The Ccur-Gsntlemtn of the jury. you discharged
from further attendance this term. Si adjourn the
court til the first TUESDAY In June Iwu make an ar
ras cement with some Of The New York Judges ia nay dis
tiict and win come here The clerk will "a order
for a panel Cf q thousand jurors.
The court then formally adjourned till the frst
tuesday in June, al 10 oclo:k.