The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-05

IacAxs however, which it would require evidence 10 re
move had no pen ona, prejudice or bias against the
jury be wood Try 10 fad verd,et according the evil
aeDoe; though he could do
Challenge withdrawn and Mr. oakley sworn.
wisha~s Lyndon, of the Eghsh ward next answered.
On as challenge for principal Cause he stated thas
bsd formed and sreed An opinion a. TO the gull, or ia
pooeac. OF the l~soner, and haa that opinion DOW
Cross exemped-Be HAD said that Dr. Burden could
been murdered by any but those tho house Rs-
leeted.
Jonathan Sear,es zen his challenge for principal caus,)
stated be hsd formed and expressed opinion n thu
suit or innocence OF the prisoner, and had thai opnion
Il rs q nflanty. Relected.
John Mcbaels challenged for principa, c.ansc) had
both formed and expressed an opinion 10 the guilt in
OF the accused and had that opinion still Rejected
Hugh gardner challenged for princpa, cause) did
know thai he hail formed Expressed opinion fehl
,euged for 'sy@--Ar Oakley, the juror, h'vieg
the whole OF the evidence before the Coroer's jury
had talked about the case had Impression to the
prmoner's connection It'll the murder wouid require
evidence 10 make him believe that tho parties in the house
were not mixed up in the murder, although that would not
have any bearing on his verdict
Cross eyanined-lbe extent OF his impression that
some parsons in the bo0se were mixed with the muir
der. Rejected.
formed and expressed opinion and stu had It, Re
ected.
John Love .on the challenge prr cpa cause) had
formed opinion and expressed it, not as 10 her guilt or
alone, bat that the parties IN the house were
! ned in the matter. Rejected.
Wua Class t,n The challenge for principal csaise) hbt
xpr opnn 20 the guilt innocence Of the
party. Challenged for ayo' -tad not said he would
ss 10 hang up Mrs Burdol and Mr.. E,el; had read the
evidence and partially formed opinion had offered
to be; 800 on tbe result N the Coroper's inquest;
had exnrss sod the opinion thai SOME one in the house was
guilty. had mol that opinion because OF the evidence
given the iuqae~t by Mr.. Farrell, the shoemaker
thought his testimony booked hardly reasonable; could
say whether hey were guilty inuocent his aprc
sion was howeyer, that some one connected with The
house knew abon, the murder.
To The Judge--Had such impression on his mind as
would REQUIRE evidence TO remove gejeced by mao
rty Of the biers.
James A. Suyiam, Francis Bcnnen, Tilos l. Van Nor
den, Jacob " Rnhe and Gerard Icox severly
,eCed On account OF having formed opinion Chauncey
l. Norton had formed opinion and had prejudice
had had speaking acquaintance with DIR. Bur,iell, but
had not seen him for the last six or seven years.
Mr. Norton admitted Juror and took the oath
The Court then, at halt past three took recess I'll four
O'Clock, with the intention OF sising ss into the night
EVENING SESSION.
on the TGReublng Of the Cour, the audience seemed 10
have increased In numbers Mrs. Burdell occupied the
seat beside her counsel, M accompanied by
her two daughters.
Frances Gahassn 30, hsyisg osmed expressed any
opni ~ sworn as juror
Jaaes G.bso,, Thomas & Hart, Stephen W Jones John
Tbsuooeai, Austp Melville, John Muller, Jacob Niles,
sa,aue! \ Lambert, BENJAMIN ". Merriam, Frederick
Mayer, snaecD Watts, Harvey Watson, 6amuel Torrens
and James IL White severay Set aside as poompe-
tent Jurors
Israel JARVIS excused scconnt OF oonscerioys
scruples respecting capital punishment
VIM. J. lockwood had formed opinion aud had no
prejudice, and was sworn as .arOr
samuel Turning having formed an opinion reiectsd.
nipiel Casey being declared COMPETENT Juror was chal
Ienged pcremp.oiily
julius X Cogswstl rejected.
Charles T. Hunter having formed opinion, and enter
tanning 10 priudce against the prisoner, declared
competent by tho ters and AZ Juror pu plbsr five
pavid Newman rejected.
RishnT H.tlk, hall cd s.avfir
Counsel for abe defence examining this Juror stated
that hey would contend that Or Burde!i did by
MS death under circumstances which constituted the crime
If murder II might have been homicide, or Il might
have been done m self defence.
iesns, Manrics Duffy, JOHN u. Irser, Hiram A. Peel
bono, Joeeph Potter Duncan Hagar lsac tisber and VIM
T. Smith were scveraiy rejected incompetent from
having formed or expressed opnisns
Henry kroeiA had had, during the hrt days oi the In
quest az nsyoraee opinion regards the prisoner, hut
Tia, opinion bad changed
Counsel for he defence pressed their questions on this
gentleman 10 the extent Of getting him 10 TINT BE-
believed Mrs Cunningham To be guilty and then the
risrs, very appropriate rcbuse 10 this unwise persist
ance on the pert OF counsel for the defence, declared the
Juror Incompetent
had uniavorahio impressions, and whose Impressions hat
also like those II Mr.. kro,h been changed; but by the
extraordinary management on the part Of coun sol
those gcnt.HD who would have been Intelligent Jurors
withou, any bis n ii favor Of ,he prisoner, we're
ieciel.
John G. SINS, Robert NJ Gleason, David r. Clarke John
Fisher Robert Robinson, DAVID Garrison Jr, lewis H.
Goerum, John Mcknight, Samuel A. Church, Richard C.
Conbas Lewis Reynolds Aaron v. Thompson John Ward,
James NcfrUy, Robert g. H. H1ntington Ernest Tame,
william sebbins and Henry Palmer Ward, were sevorh,l
sci aside AZ Incompetent
Horrijo y Randall, challenged p,remptoriiy
luxe q Coo not challenged al ell. This gentleman
being ordered 70 e hs oath as Juror, said In an under
G The oticers that he had reason for no;
serving the Jury HIS remark, however did reach
The Of the Judge aud he WIS duly 10 try the
Having taken the oath, he down the aincss
chair With ibe object Of saying something conhdoDy b.
he Court, bot Judge Davie ordered him 70 take hi
IN the jlry box. he Wa the sixth Juror.
George sfcwar--Chalenged percmp;nrily
Cyrus A. Hubbard and Samuel c Clarke were severoly
rejected
arav u, and Ar Green sworn o. tbs seventh lnror
EimunG kibhy, John Cro,n, Scorgo W Thorpe and
Edward Turner scvUraily rejected.
George Tugrol had received an impression uniavora
bic 70 Mrs Cunningham when he fret read OF the murder
On that impression was altered 90 bis reading The eyi
dence % hfs. CInninphan's marriage " Dr. Burdell
Challenge Withdrawn ard Dir. 7agnot sworn a. the
Vim. H. Conkiin hsd no ba, srcoy, In favor Of home
He ~iied 80 10 excused from serving 90 the try The
ters ttrus The bias did render him ipr .npe.eui
and he was challenged peremptorty.
Joseph JerfOicl Nks rejected.
David W. bought. having OPINION a. Lhs gu.lt or
irnoeenSe " he sccved, aud having pre.adce was
declared ornrcrt h. thu 'riers, ana 1s sworn as the
Thomas Case, ana Aarvo R..r-s WIRE raccea .s In
conratent Jurors.
Nathaniel " Caer having ban declared couscvat by
The ulers chaL. le.d peren sor.ly.
Joseph n Gattsbbarg set ABIDE
n n,
the tenth jurrr
Samuel tmberscn, Martin vnrcb James 7 dubois L.
yasl Bcn,artn frhp Ccctrane, John Thomas, Bernard
C.rsorYy, LORENZO Powers, Charles j. Hines Philip An
vsIenbarG, Clries = sdwsrds, Clement Jeutze Corne
Eng y Anier5on, Onward y. Gr.nln, John Mckinney
nsn.el moran and Albert X bar an were seyerAlly re-
,cc1ei
oan Archibald ,atslleusc having been ~thd-avu) xas
,os ciersnth juror.
Lewis S,huhuanD Benjamin l. Swan. JohD " Andrew
theodore Sasers, Lewis Jones and John GAsn were "a
vrraliy ~ eciec ~ Incompetent
~ <~Ha k.sxr
tn. twelfth juror AMI she enpAnDslNnr e Ne
fury oDrnrlste1 ss foJows,-
] ,,ifsrt Oakley, merchant, Ninth wsrf.
2 Caa,noey J. Norton, President, Ninth ward.
9 prarcis H. |stagan, sand p%sr mandatory.
E.xhisep,h ward
William / lockwood, proc'e~ dealer, Esb.--na
g. C-bsrics =. Hunter, merchant, Eghtn ward
Like &. Coz, s,h merchant, Fifteenth ward
:. !shn ,-rpen, builder. sixth ward.
g George Tugra, forge worker Eighteenth ward
o. David W. D0ughty, rscklcr, Nrsteesth ward.
10. Frederick A. Coe'x. tobsooonsf, Eleventh ward
II. John Archibald, asot and fsucy goods, tlfteouu
yaro.