The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-28

the Murder OF Ieresa spitxlen.
COURT OF OYER AND TERANxR.
Before Judge Ingraham.
JAM 27-The court room and leading TO were
crowded this morning by parties DESTROYS Of listening ~
ne trial of the alleged participstors In the Greenwich
street tragedy 1t will be remembered that Maurice
O'eonne and James Toole two of the accused put in
plea Of mansaughter in the first degree Monday and
10 trial Hagan and Pembroke was Set down for to-day
When the court was opened
Mr.. Clinton rose, and said that when advising with
OConne and his friends plead guilty Of
he thought ne was giving his clients good advice Ne
found however, they istook the legal effect OF the
plea and they had accordingly instructed him 70 move
gor permssjon to withdraw that plea and allow OConnel
70 take his trial Counsel handed up the amaavs Oh inc
prisoner his father and his cousin.
Mr. Whiting observed that the application Of the counsel
addressed itself entirely TO the discretion OF the court
No proposition made by the prosecution but the plea
was voluntary on the part OF the prsoners COUNSEL The
people would for the cton Of the highest crime
the evidence would warrant.
Judge Ingraham doubted the propriety of with
craving plea of manslaughter when the party was
Indicted for murder, without satisfactory evidence Demg
Harnished as TO the innocence OF the party.
Mr. Whiting said he would oppose the NOTION II the
counsel did not withdraw Tooles also
Mr. Clinton promised to do SO on thursday, asking the
privilege of allowing both defendants TO plead guilty to
if they chose to do So HIS Honor permitted
ham to take that course ne Ma@e se IA
se Maurice 0Conne withdrew his plea OF manslanghter,
and put trial. charged with the murder OF Teresa
Spizlen in Green wch street. the 9th Of November
Tue prisoner Is quite youth is respectfully dressed and
HIS appearance does not indicate that he would commit
such aggravated offence The Clerk proceeded to en-
panel jury try the case which occupied the entire
day Nearly seventy jurors were set aside in conse-
Quence Of having formed expressed opinion az 70 the
guilt or innocence the accused based upon the accounts
Of the affair which appeared in the newspapers Twelve
jurors were challenged peremptoriythat 49, they were
rejected by the prisoners counsel without assigning rea-
sen for doing So the accused being entitled to twenty
peremptory challenges The panel was exhausted before
the requisite number of jurors could be obtained,
whereupon the Court ordered an additional panel
Of hfty to be summoned this evening, return
able to morrow morning. Previous TO the adjourn
nent of the Court, Mr.. Richardson said that he had
conscientious scrupies about rendering verdict where
the punishment would be DEATH The matter was post
poned till this morning The following are the names OF
the gentlemen sworn TO try OConneu -
l. Junus j. Johnson retired merchant $50 Sixth av.
g. James X. Taylor machnist. .S9 Mangn 81
g. Jacob Wall baker and confectioner. rs Barclay st.
John Mcclellan, boarding house keeper. IS Market St.
B. Fletcher Harper, Jr., editor IA West I'd st.
7. Philo Richardson, stationer. IVY 9TH av
Q. David Grifiths, merchant sl7 On av
TO- James Eadie, grocer 40 washington Market
III Patrick H. Noonan storage. lls Ireenwicn 81
The Jurors were discharged till morrow (Thursday)
morning 10 o'clock, after being cautioned against allow
ing any person to with them on the subject OF
the trial