Eastern times., 1856-01-03


All work entrusted to viii be performed In lie b,.f
manner, and Iotr can be afforded Orders solicited
and promptly answered GEO. H. NEWMAN.
the procession passed, and that during tho riot
expressions Of hostile and insulting ckarac-
ter were used by some Of the parties engaged
-as, for instance, 'sKill the d--d Irish,''
"Kill the d---d Popish sons Of bitches,"
"Kill the d-d Yankees" Il was also con-
tended by the defendants counsel, for the Pur-
pose of the challenge 10 jurors, that q strong
prejudice existed amongst The police and in
habitants of that section Of fhe city against
Irish and Roman Catholics.
Several jurors were called and rejected;
some were peremptorily challenged one Of
the jurors being called and challenged to the
favor, on the ground that he had bias, preju-
dice, or impression against the prisoners, or
some one of them, triers were appointed BY
court; one juror so challenged for favor was
rejected by the trers, when James Black was
called as Juror, who was callenged 10 the fs-
vor by defendants counsel, on the ground that
the juror called had bias, prejudice, or inn
pression against the defendants. or some one
of them
This challenge was densd BY The people,
and issue was thereupon joined The same
sriers as in the former cases, were, by consent.
in this case appointed. The defendants called,
as witness TO prove the challenge, The juror
so called, who, after answering several ques-
tions in relation TO the ground Of challenge;
was asked the following question
Have you any bias or prejudice against Ros
man Catholicst
10 this question the district attorney OBJ
jected, and contended that the juror was NOT
bound 10 answer, if he thought it would dis
grace him. The court sustained the objection
OF the district attorney, TO which decision the
counsel for defendants excepted. The court
ihereupon informed the witness that he was
not bound 10 answer the question, il in his
opinion -the answer would tend 10 disgrace
him to which instruction and decision the de-
PENDANTS counsel excepted. On the question
being put, the juror declined 10 answer.
The defendants then moved the court to
compel the juror, as being witness, to answer
10 which decision and refusal The defendants;
counsel excepted.
Timothy II. West was called as a witness
on the part of the prosecutions. and testified as
follows: That he lived at No. % Eighth ave-
nue.; is house Carpenter saw the process
sion there was space Of twelve feet or more
through which the stage-driver passed heard
the expression, "kill the dNd son Of
bitch." After witness left his son in Troy
street, witness returned TO the stage. He then
met policeman, and told him the "Order Of
Hibernians had attacked the stage-driver and
were about TO murder him on the spot" Nc.
Pherson went in and told them to dispetse;
two men made a pass at him stepped back
to Eighth avenue; ; he did rot see the marshal
at the time Of the affair with The stage.
On being cross-examned, The witness was
asked =
Do you belong to the order Of United Amer4
leans,
This question was objected to BY the peo-
pie. The objection was sustained BY the
court, and to this decision the counsel tor the
defendants excepted. The following question
was then put:
DO you belong TO any order!
This Question was objected TO by the people.
The objection was sustained, and to which de-
cision the defendants excepted.
| OPINION.
At the foundation of American Jurisprudence
| is the right 10 be tried by an impartial, un-
preiudiced jury it is right paramount to all
others, and is not TO be sacrificed ID the fear
or apprehension Of woundng the feelings of
others.
In this case new trial should be ordered
for the following errors
l. The juror, Carson, should have been re-
celved as 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 has formed an opinion and
has not expressed it is the only source from
which the fact Of the ''formed opinion" can be
obtained. There is neither dish6nor nor dis
grace attached to the fact that a man had
formed an opinion upon any subject which ag
itated public consideration; and there is no
reason why the juror should not be used as tho
witness to prove the cause of challenge.
| The prosecution at the trial did not object
that the challenge assigned against this juror
should not have been for principal .cause, but
to the favor, and, therefore, he cannot take
such position here.
I'd. Under the admission of facts made by
counsel as the foundation of challenge, the
court erred in refusing 10 compel the juror,
Black, to answer the question whether he had
.sany prejudice or bias against Roman Catho-
lics."
The question should have been permitted
8. The question TO the witness, West,
whether he belonged "lo the Order of United
Americans" should have been permitted by
the court !; for had it by the witness been
shown that he did, and that order was estab-
lished with prejudice against, and to oppose
Irish and Roman Catholics, such fact was