The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-09
Trial or Thomas DENNY Ter Arson in the
Frryt Dcgreev
DOUBT OF 9SssxAL skssfeSs,
Before R.sask,x 9th

Before Recorder e>ssth
JUN s-rbe Court room was cfoyaad lhls morning Il
H. Ctu ost capacity ~ 1t expected ss ho proceed
ipsy would be unusuel)y interesting The business o.
the Court was desnined bali hour as usual In con
sequence q The sbsence OF the Recorder When the
Court was organized, tho District Attorney said no wa
ready in the case Of Thomas DenIny Indicted for ron
In the first degree. II viii be remenbcr,sd that apar,
T. ON particular crime with which no stands charged
The accused has been rendered what nDoriou, by m
alleged s&emp to exchanges masonic vii
the former jury who tried the cause-eeven being for
conviction sd one For acGuita thai he AIDED revolt
of prh Opers IN the Tones to escape and murder the
kee ers that he threatened 10 take the life of The ms
trfct Attorney II TX said that the District Attorney offered
70 take plea OF arsoa In the fourth degree ast term but
the prisoner contrary to the advice OF bis counsel osst
naely refuse ed 10 do so
Richard Buseed, Eaq the counsel for the prison
err ose and slated TO the Court that at the empanneug of
yut ~ n1 case st term eievel jurors had been chal
enied and swor5, when the District Attorney moved for
leave to discharge the jury agsns the protest OF the
prisoners connsei-an extao inary and unprece
ac1 me counsel offered 20 withdraw perempser, chh
enge To Juror, and allow him 10 60 toto the Jury box
anu ibus complete the panel but the offer refused by
the District Attorney. Counsel then EXPIRE ssed their
Willingness 10 take any juror; but this offer WAS
also tused The minutes of the clerk would prove the
above statements Counsel said that his opinion and
that OF o brethren in the profession justified him In stat
ing that there DO right resident In the Court the
Dstrict Attorney, when jury was empanellei up to a
CERTAIN point To discharge at their OpOn-especiay In
criminal The precedent If allowed would be dan
gerou5; for jury however otherwise unexceponabe f
OBJ ced 10 10y the District Attorney, could be way
nnh picked one substituted Mr. Busteed asked 70 have
the postponed till pext order TO give him time
u zee what remedy II prisoner entitled under the
very extraordinary circumstances which occurred in the
emIanneing OF the former jury 10 try this cause.
The Reco der observed that where jury not actu
ally empanneled Id CASE 1t would be often rendered ne
cessary wheTe much time consumed 10 It's empan
nement 10 discharge H. He thought tho discretion OF tho
Cont IN this case IN d'scbargne the jury very
udciousIy exercised The case, therefore, would have
10 go On.
Counsel for the praorer then proceeded to challenge
each juror, ss the clerk announced his Uae asking him
several questions. The which subjoin embodies
he SUP Sance OF the various queries propounded By the
conosel--
Q Assuming tina. II had been published in the news-
papers of the dty and alleged aganat the isoner that
man OF most dangerous char and hal endea
vored 10 corrup. former jury BY of masonic com
munications h them, and had headed revolt Of pri
soners in the jail with the intention 10 aud murder
the kee and that bs being brought ironed into
Court he had Ia he searched IL had weapons
upon him, he baving threatened murder the District
Attorney would such ellegauous and estenents made In
inuep' al and respectable newspapers circulated In the
county CRIT ave in your pind any bias pfeadces against
the prkOner9
Collected TO- Sustained. Exception taken}
number of jurors replied that they would be guided
exclusively BY me evidence sdduoed trial They
did necessarily believe that ments we're true
because they appeared in the newspapers nor were they
prudccd against the accused because he native OF
the Emerald Isle and member OF society. Seee
raj ole looking gentlemen who decar that they
never heard Of the before that morning net
p'cudced for against the accused challenged
pei empofily Nearly three hours umed in chai
engng jurors and at TWO o'clock the panel exhausted
trct Alto ney moved for panel OF 100 jurors for
"Wednesday ne,t, which granted. The gentlemen
who sworn then Discharged TIL Wednes day.
the Recorder caopiDg them converslg with aoy
per relative 80 ihr trial.
The following the officers detailed by the new Com
meeippers Ia perform duty oil this court--A " Davis
Samuel Trunk and T. Srccr
There heng any o,ber ready for trial the Court
adjourned I'LL To morrow tuesday morning