New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-07
Amore sensible test is applied 10 jurors here than
i, Neu.Yo1k. The Court commesces the eIan-

,,a,,on IN lie snre by ptODOOBdlBg the usual qles
lion oUsve you. at apy time, formed or expressed
"sn opinion relative 10 the quit or innocence OF
a. the urisonerl" II this question be answered III
,ha nes.,ive-wbich WA rarely the case-the juror
!. ,s,t .sl,d whether be has such an impression
on hi. mind a. will be likely to influence his judg-
mept ID The isry box. And if he 'sy' no TO fAi''
h. il further ssbed whether he Las any bias or pre-
iudice for or against the prisoner Hen' oil course,
coup.tert if bis replies are al negative. Bat II
he responds to the first question in The affirmative,
the council for the defense allowed 10 interro-
oste him as to the source ard quality of his opinion.
\ He i. a,ked whether it be founded upon rumor,
\ newspaper reports and the ike, or upon converse
ton with witnesses; and also whether 1t be of such
\ character @. would prevent him from rendering
al impartial verdict according to the evidences"
/ or. "n the evidence steald turn out different"
4 from what the juror supPoses it to be. These
| questions we're allowed to be put, even to those
and they were not few-who had stated thai
they had very decided opinion. Then the Court,
taking the answers 10 ali the questions together,
| decide upon competency. II the opinion be
based upon ruuor, and be each as, in the jurors
l TX.
is generally considered competent. Ba. this
| morning. Nan after man answered in almost the
same words: 81 don't think l could" be i'm
partial.
The counsel for the defense were Also allowed,
when they chose to ask juror whether his opinion
related to the act of killing or the quality of the
"sct "-Uthe iusti6cston"-"th circumstances
attending the act" This privilege, sdrotly handied,
became the means of drawing expressions, favor
able 10 the prisoner from swift witnesses. Others
volunteered their sentiments at On early stage OF
the questionlDg and in every such case, some one
of Mr. Sckless lawyers was hard Of hearing, and tue
Juror was requested to repeat his remark. One
ssd that 81 the prisoner had HE deepest sJmpa-
tbies;" another that he did /" perfectly right; y
another that be wss strongly prejudced in favor
Of The accused; another that be considered himself
disqualified in consequence Of Bis relations
"wlth the prisOner-beiDg married man.
The only challenge given to-day was to man
who stated that he had "forued an opinion cond-
tionally-if such and such were true 1t was
subse quently understood, as some judged from the
look of the man, that the off" pertained to the
|
series of skifu questions from Dir. Brady, said
that, although he had read only the testimony for
the prosecution Re could mt give verdict accord
ing to the evidence, because be sympathzed with
the prisoner.
II was evident to day, not only from incidents
susceptible Of repetition, but from little Sims In
the manner and expression of Jurors under exam
lii Of pt
the audience, aid possibly upon the sworn men in
the box, that, however the public sentiment of
Washington as whole or the public sentiment OF
this class or that class msy incline, those who bad
an opportunity Of speaking for themselves IN Court
were largely in favor of the prisoner. OF all ex-
amined, only one let fall an expression significant
of q contrary opinion. He was Il heavy old fellow.
with English wbiskers and Dutch phlegm, who re-
marked that IN his opinion d" he who does wilful
murder ought to suffer for it, Out of those ex-
amned yesterday, there msy have been others of
his way Of thinking. But [ doubt if there were
more than one or two, if any, of the segenty-fve
called to-day, excepting, of course, those swor0,
who cid not ympathize with Mr.. Sickles gen.
tlemsD, VINO sat within reach OF each, while they
were being Intercepted, says that ~ OF the 40
were in favor of Mr. Sickles. He judges, not only
from what they said, but from their evident indca
tons offeeliDg-the moist eye, the heaviug breast
! Tbis fact is the more significant of the state of
opinion, because these we're tsesmen selected BY
the Marshal, and Of evident spectabllity-won-
derful res pe ctabllity to one who knows of Whist
timber New Juries in criminal causes are otsen
constructed. The disclosure Of the day surprised
every one-eyen the District Attorney am told
Mr.. Ould has been censured for insisting upon
tie property qualification. But it is the require
ment of the law-laid down in the same section OF
a Maryland colonial statute with that relative to
| age, on which the Court insisId-snd is said to
| form a usual basis of objection in capital cases.
And Mr.. Ould, spprehend, knew bis men, and in
every case but one rejected those who were unfit
! for the iurybox. That one Was sn honest faced
! laborer dressed in bis seedy best who almost
plaintvely raid that be had next to nothing in
the world" But the men rejected have been
serving, understand, in criminal causes this term,
and the objection has not previously been taken.
This is known to counsel, aud Mr. Oulds course in
this regard i'll doubtless be made handle assinst
| him.
The length of tie trial will depend upon the
course taken by the Judge in the admission or ex-
clu.ion Of evidence. Leading counsel on both
AIDES express the opinion, which seems to be the
general impression, that the verdict will not be
rendered until toward the close Of next week.
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