New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-09
COURT OF GENERAL sEssIONs-JuSE e-Before Re-
coTder SMITH.
III Ii L. -

corder SMITH.
The case Of Thomas Dening become somewhat
notorious for his reputed attempt to break the jail AMI
murder the keepers, and also for repeated attempts to
try hun indictment for arson in the first degree
was again called up by the Dstnct-Attorney'
Mr. Bustced counsel for the prisoner then rose and
addressed the Court briefly in behalf of his client
lie spoke Of the arrnigrment of the prisoner at the
last fern of the Court and mentioned the fact that
the cause adjourned this term in after
successive challenges OF rot obians hg rrqte n1oe oi
proper last 10 have the then disposed Of
but the Court dsr sarded their oilers After exhsung the
SaSS PSR' Ss l&' iFSS' ily %
1esgns but eleven o any sea Ss.n. he Ma them
offered take the last juror challenged percmpory to make
peremytcry could recalled we then offered to take
The s. Juror set ssde to The favor to MAKE ont the 1I
had made but seven OF eight pTemp3Iy challenge ana hsy
reasonable Of their privilege, and consequently not
responsible for the failure in obtaining tn full number OF jurors
liberal offers made through his counsel to trial a. the last
ton Of the District Attorney TO dschaIfe ne eleven
HTeady sworn in the cause and to adjourn the case over 10 ls
granted s1 SnS Gi csss life or death
Of human bg there right resident in the Court or
the District Attorney 10 discharge jury SO lmpsneea-na
stOns yet with bad District Attorney 'uch pgse'fS wa
DANGEROUS one Mr. Busted Therefore moved ON ias STATE
opportunity look into the proper remedies for ;he deense Of
hsclens rights he was not ready 70 proceed 70 a TINS
Mi Hal opposed the motion .enu9gsy sayne he bad set
Count remarked in reply to NJ Ba.teeds observation
respecting Of the Judge at the last term the
Jury the that that matter in the discretion OF the
there Jury EMIL the fan number was imPAnneed The
Mr. Raseed quoted decision which he said had been
deied this district by Justice Morris denying that any such
The Recorder st adhered to hi former decision Mr. Bus.
teed excepted aud wished the exception noted The Court
The Chief CLERK then commenced calling the list Of juror.
and each he called was challenged BY the counsel
for the prisoner and subjected 20 critical and IN many IN
H. ~ NJ RHe,cd en- the rsHmina.ion of lror A, "a,
h fitness b. the trial Of the insisted on his
Question Assuming il had been published in the
s PsPes * The Gay ana asfs ,a,n If Si.oqeI 'la nc
corrupt former jury by Masonic communications
to escape aud murder the ksPcs aud that upon
sroaeh, ond into Court he lad to be searched TO see
thS p.tres Attorney woad soeh allegations and statement
S9,y create IN yOo' mind bias OF prejudice against the
Nj Hal SSisficd to the question saying based
.hsater bit ,ai. wa; more glazing Of the rule
ss hes fsy o of a s s put I'e could be nc doubt Of the ie
qhe Court sustained the objection
Exception was tAken by Mir Busted AID the exception
The Cf CLERK then continued to call the lis, Of Jurors aud
before s1 the whole panel W.. e.hsostee I'D gay sht
ooek had arrived sud the C'urt tsd beeR nsAseS just
and haii-sinoc lln tschus hs st.ge of the
Thirteen Jurors bad been refused by counsel ' tie prisoner on
IeremP;ory h.snse quite namee were 9. aas on aas
verdict involving capital Punishment-tns being case "a
soying such penalty The Clerk read The OF tar
teen abrutee whom he said the Court would impose 2ne
S2 each for uouSttendSncc. The prisoner and his couu
list Of the Jurors which they seemed 90 BE- study
s marking reading, AID mwaIdly disong, ech juror
vas called to the stand 10 be sworn
When the panel exhausted Nj Hall moved that the ease
20 over tin "Wednesday morning and 10 thc tune
new panel b. summoned for this partc cause
IN. Court granted the motion.
The eight Jurors already in the cause retained
Tor Wesfe isy morning Their follows: John r..
W.he fenth Ward Francis Cosey Twenty second Ward
Thomas J. Curtis Ninth WSId; Lawrence P Mott Seventh
Xy.rd: JAues Trayer Eighth Ward, Simon Cohen First
Ward; John " Luf, Twenty hT.t Wardi George Bskey,
y, way Of .etsspieg tai' days Judicial proceeding