New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-05
murder was committed or mott A.


30 Dsvi.sIt seems 10 me that il Is better not
% balerge for principal cause, you are to challenge
~, fsvor bu, YOU have night TO do as You please.
understand the rule 10 be that the Juror 70 De as
,s;fed must have formed expressed an opinion as
.t iIt of the nrisoner Webster defines opinion
"a settled Judgment or persuasion DO no' ho'u 'nat
,hi uyor has formed an opinion within The meaning OF
the word. The principal cause OF enahehs' '"''e
H. DesnNNote our exception. We now challenge
,ha ;nror for favor and will have It tried oy ers
NJ NJ Wsll~Triers being demanded, have sugses-
ton 10 make II il most usual, am aware, 10 ns,e
members of the bar called as lrets ~ men
ocuory iurymen to try the question, whether .e ueu
that are 10 fake their seats as permanent o
comn.tep. know no reason for tins, and tISte'oao
| suggest that il one lawyer and one iaynai, oo
pointed or If two laymen could be ionnd lhef uau
Rotor be appointed for the that lawyers nave
necuinr ideas on this point, and II may Or thst 'c
triers on this very point may be preludced' ana -
less likely 10 be 80 with lsymen wou!u 'ne'e Tt
suggest that one or two laymen Dc appointed. Ihs
Attorney General, who is Temporarily sosen. anu
myself and Mr.. Edwards, who is associated VIE ms
have conyersed on that matter and TINS Is tue teSH''
of our ideas on the subject. 49, .h ,s
be laymen. We would Ike, however, ntelugeh!
men, and persons who are themselves indifferent, aho
who are ssc,rtained TO be such before they are sp
pointed:
Mr. Dean objected 10 these gentlemen as tren on
the ground that they had been summoned as juror.
The Court granted the objection and seec'eo eSS's'
Cordery and SaSay.
Mr. James Moheny sworn 1T
M Deau-We want 20 state the ground upon which
the juror is challenged. The grounds are l. lhat ne
has formed an opinion; = lie mas eNptesseu an op'99
ION a. to the guilt or innocence of the prisoner D.
That ne has bias against the prisoner as TO the SUD-
ect Of her guilt OF innocence T. That be does not
stand Indifferent regards the prisoner D. lha' ne
has bias against the prisoner personally. ,,,ab.a
Mr. Moheny having been sworn, deposed tha' ne hau
rend part of The testimony before the Coroner; dd NOT
nav particular attention To IT. that evidence Iau
formed particular impression upon MS h1u i'm.
OPINION had at all times been the same had no ''l'
nrossion AZ 10 guilt innocence OF prisoners hao an
impression that She participated, in some way IN the
murder Of Dr. Burde that mpre ssion was sun on MS
mind be had bias against the prisoner as 70 her De-
ING connected with the affair; had also an opnou a.
10 the fact Of murder being committed. A..
Upon crossexaminaton by Mr.. Hall-DePosed tha'
he had not formed an opinion as TO her quit OF hno
cence; but had bias against hel, mi'iru 49,"
ouire evidence TO set aside. Challenge sustSineu'
Mr.. suydam of the Ninth Ward No los Ma'ery
plaoe challenged for principal cause, dePoSeu n; l'
had formed and expressed an oPaIon Wa Wsrd
Mr. John X Fisher, artist of the Seventh "sru;
called and challenged for principal cause naa
not formed distinct opinion, IN the legal sense VI 'a'
term as 10 the guilt or innocence OF the prisosef'
Challenge for favor having been substituted 'oI
cbsITnce for principal cause, Mr.. Suydam deposed
that he could not say whether prisoner wa sui.s ~
innocent; had no impression as TO whe'her prisoner
was guilty innocent had formed Various sc.er, ra
a. as 10 sni her personally would require evil
depce TO remove certain impressions to satisfy MN OF
her innocence. - A.. 49,.
The challenge however was sustained.
MIR. Gilbert Oakley of the Ninth Ward, having
been cali, ard sworn, was challenged for principal
cause Juror had not formed an opinion a. 10 guiN
or innocence Principal challenge having been with
drawn the Juror was challenged for favor Inc Juror
had no prejudice against defendant had read por'
tion Of the evidence in the case did not read me com
I.lt flya1a hntft
| had not read half the evidence; what he read ola
give him al idea a. TO who committed the ihuroer'
| had a suspicion as 10 who Murdered Dr. putuen
suspicion against some vi the persons IN Iie lG"s
| that suspicon however, would not require evidence
10 remove it, had prejudice against the prisoner
no bias against her; did not know Dr. Burdelli would
find verdict according TO the evidence; thouSu' nc
| could find verdict upon the evidence.
| Challenge withdrawn and the juror sworn. 49,
| VIM. Linden, pano-forte maker, OF the Elght,
Ward, called and sworn; challenged ior PiInclpa'
cause deposed that he formed ana expressed au OPP
| IIpon Northumberland not be able 10 say
upon the evidence presented whether the prisoner was
guilty or not had said mt p b, thoa in tbe house.
| been murdered by anybody OUT tDose Ill VIC uo"'e'
M saiz. called and sworn, challenged; de
posed that be had formed and expressed an OPINION
| Challenge sustained. - ,. ,,y
| called and sworn; challenged; deposed: Resided al
No. i56 Clinton street, had formed and expressed an
| opinion. Challenge sustained ~
Mr.. Hugh Gardner, Of the Sixteenth ware,
| called and sworn-Deposed that he was Scotchman;
had been in this country for 10 years; knew what an
| opinion was did not know that he had formed an
| opinion.
Being challenged for favor deposed that he had
read the whole OF the evidence before the Coroner;
had r. ad the comments Of The TRIBUNE and EreH'nY
Post had an opinion to the connection OF the prs-
ou.r with the murder il would require some evidence
10 mike him think the parties In the house were not
mixed up in the affair had no prejudice q bias against
Cross.eSamned-Had An impression that the parties
| in the house knew Of the MURDER that impression
amounts TO belief Challenge sustained by the trers
| Mr. Lewis May, merchant OF the Ninth Ward having
been called and sworn and challenged for principal
cause deposed that he hadiforned and expressed al
| opinion. Challenge sustained by the Court.
| Mr. John Love, wood-dealer Of the Ninth Ward,
Ind not formed or expressed opinion with reference
10 guilt Of the prisoner alone formed and expressed an
opinion that she knew something about the matter.
| Challenge sustained. ~
| Vim. Glass of the Twenty-seco ward, challenged;
could not say that he had formed an opinion Prlncl,
pal challenge withdrawn challenged for favor; haS
not said that liz would like to hang up Mr. Eckel and
the prisoner without judge or jury; formed partial
opinion from evidence before the Coroner had not bel
as 10 what would be the result OF the investigation De-
fore the jury had said, Judging from fhe circ1 ,L
progress of the case had changed his opinion; could
not say that he thought them guilty; had an impres.
| sion which would require evidence 10 remove that
some ore in the house guilty Of the murder.
To the Judge-Had an impression which would pre-
vent his forming verdict from the evidence Cha
| lepge sustained. - a. 4.
third street. challenged had formed and expressed an
opinion as TO the guilt OF the prisoner. Chauenge
sustained by the Court. - =,
Mr.. James A. Suydam Of the Fifteenth " ara NO