The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-12-16
Court or Oyer mud TerI1in.r.
Before iioa. Judge Ingfsbara.


| DC. 10 1.-The IeoIie us. Hlhdm NaViDan, tn
defendant IL Charged vita James r. Warner
20 nerly member Of tho Frsocisoo Vigilance Com
m ates which bad expelled the defendant that city
ILe Corporations counsel, associated with Mr.. g Fhs
and M. A. A. Philips, for the defendant, moved for
postpoutUeat the trial ground OF the absoace
r Sc.ts snc the fsct that no fcouase I'd been oay
just called into The Gaze and WAS not acquainted
with the dtfcAce
Tue district Attorney opposed tho motion for postpone
meot.
The Judge said ss cell snthe administration of ctnua
justice In thus city had be- the delay % the trial Of
WAS the duty OF courts possible " reform that
haoit and he (Judse lnsra,on5 should not gcant sun
delay except upon 1900 sn0wn b. ali isvit. Sae
defendant had taken techhCs advantage To prevent his
trial 81 the last oyer md Terrner Il w,ai be prei
dciai 20 tue pubic business ol0s<p0ne this Cause fr
Their II vas not mattcr Of such sefious nature to
require more counsel for the dcnoe than those present
been bee The Coai therefore, refused 70 po.tpono the
CxBe
Considerable applause followed the announcement of the
Court, which was suppressed By the ofIicsrs.
On tho hrst juror beng called, counsel for defence
claimed that tho ano Of jurors not property drawn
lie said the panel OF thousand Jurors ofdesed
tho Supreme Court Circuit and not for the oyer Ter
miner He concnded that This could Try the
dcfendan; with The Circuit Court jurors nor could te
District Attorney nsis. L. The District Attorney had
not the 70 tho from the Sessions 10 the
Oyer aud Teimcf, without the order OF the Supreme
Court, aid was therefore coDteIded by abe defeudaat
counsel that the prosecution could not try offence
the Oy and Tcrmner by jurors subpo,nsed for the s
prone l@urt ltrcuit,
The Judge he'd that the Revsed Statutes provide that
the jury summoned for the Circuit Court mag
juors n abe Court u oyer and Trmner. (Exception)
The eMpannelliug Of tho jury then commenced,
when some we're excused for bias
Quo Jun berg Bterrog aied said that he had heard
of the Transaction and OF Mugsn being expelled from San
Francisco
Q. Did you approve Of that A, thought they did
right.
@ And you think vigilance committee ought To be
formed here TO send him back agaiHt A. OH no but
be was cent TO Tue feee sn1s or some such place,
would b. 50 much the better. (faughter)
This gentleman excused the calling OF others
proceeded with.
after tho examination OF several other jurors and the
by counsel for defendant the following jurors were
sworn
]. II. Coon, stable keeper. Jas. L. Leach butcher
las. McMiuus, ubsmith Jas. Muilon, liquor dea1cr
Alex. Edgar, plumber. J. G. Langley, ice dealer.
Chss. Elliott, hosiery. Jas. W Stainburn, drugs.
iavid McIeod capentcr. ). Darling, Jr tr,po dealer.
Victor Roof, builder. L. Icvclaud, builder.
Council fer the defence moved in OF what he had
stated this morning for adjournment, he again asked
Low that the mort important part had been done, the
empanoing Of tie jury he hopei that the adjournment
would now be granted IN order that be might make
se acquainted with the case for he bad not read single
paper on the matter.
The JudGc--fou would make n goct juror 0sughter)
Mr.. Buateed-But under the circumstances, indif
ieTent al yocato.
by consent OF the District Attorney the was all
ourned 10 Thursday mos ming, the jury being brst ad
monshed by the Judge not 10 allow themselves 70 be
spoken to on the subject.