New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-05


M,. Ould begged psnmissisa before tie arrsign
mept a the pri.oter state that Mr. Carlisle was
foested with him IN toe prosecution o. the case Thi,
association wa extremely gratifying to hin, and h.
va, .uro Ii would be agreeable Coart. The
indictment wac then resd 20 tie prisoner charging
him, With the usual quantity Of legal verb4gs vito tue
murder Of Philip Bstcr Key, % tae C4.y Of Wa.hBg
iretop on toe 9th Of Februsry
He vas ssked the question, Are 7o1 guilty OF no:
guilty.
10 Ger, firm tore he resp ndsd, Not gu lty."
The tssk of getting Jury ~as then commenced.
Joseph p, Bnsn the first Juror cslet.
The JOcge said he world put the usual questions ID
the j5rorE touching thelr impartiaity.
Mr. Stanton stated tat the defousc would be sa;is
fed with ths, course
DIGESTION by the Judge-Hsve you At any time
formed EXPIRE sec opinion in relation to the guilt
or nnocercs Of the accused.
JuIor-I have.
The Ju6ge-Ycu may retire.
Mr.. Phillips, for the dsfeuse, proposed to AK the
Juror Whistler bis option wac msrely founded on
ruuor or on a knowledge Of the fsots. II merely
founded on 1umor, ard The Juror could form a fsir
iu6Rmt nj, Re oOttepded inst be WAS competent The
defsrse wa. srxous to obtain jury without unnscss
ssry delay. He cobtended tina. he was conpstsnt.
The Judge permitted the examination in that way.
Question -Hsve you formed and expressed TN opia
ion in this Gaze, on rumor or on knowledge Of the
facts.
Juror-Merely on rumor.
QuestOn-Would you be able, on hearing tue eyi-
derce, to render az im )artial yerd ct.
Ansscr-No Sir; my mind is biased in favor of the
prisoner.
The Judge-Stand aside.
Samuei Il. Howe was tber examined.
Question by the Jadge Have you formed an opinion
in relation to the guilt or innocence Of the accused
Apswer-Not inst / am aware Of
Question-Hsve you an impression upon 1T
Answer-I have; but have no prejudice
Questien-Woud you be able TO form an impartial
j1dgment'
ADswei-I would.
The Judge said the Juror was competent.
Challenged peremptorly.
Charles NJ. Skip With swoin-Hsd formed al opinion
in regard to the guilt iruocence OF the prisoner;
has pre iudce or bias on his mind for against the
prisoner.
Question by Mr.. Phips-Is that bliss Of 30 fixed
character that you could net render fair ard Impair.
tisl verdict
A. DO not know that could.
The Joror Was ordered to stapd aside.
Joseph L. Savage was next called. lie had formed
and expressed opinion.
Tee Jnror was ordered TO stsud aside.
Henry NJ Hurdle called Had never formed
pressed IN opinion as 70 the guilt innocence Of the
accused. He had no bias or prejudice either way.
Question by Mr. Oald-Have you aoy conscientious
scruples 10 regard to finding verdict of guilty in
capital case
The Juior-I have not.
Q. Are you worth $780,
The Juror II sm not.
Mr Ould submitted that amounted to q disqualified
ton.
Mr. Stanton wanted to know whether The prosccu-
ton were going TO insist the property qualification.
Mr.. Ould.-The Law requires it.
The Judge remarked. that the law of Maryland fixed
property qualification for Jurors but unless Counsel
rased the question: the Juror would not be inconpe-
tent
John Scryener was next called. II, regretted TO ssy
that be had formed and expressed opinion in relation
TO the quilt or innocence Of tle accused. His opinion
was formed from the statement OF an eye witness.
Ordered to stand aside.
Reyin Arrod was called next. He hal not formed
or e1pree,e ed an opinion had no bias or prejudice in
fsvo, Of or against the prisoner, had no conscientious
scrupes about capital punishment and was worth oyor
eight hune red dollars.
Sworn az tue fret Juror.
VIM. Dawson was called Bext. He had no. formed
or expressed sn opinion has no bias or prejudice in f.
vor of or sganst the prisoner, AID no conicsntious
snuples.
Challenged p,repptorIy.
James l.. DAVIS was called next He had formed an
opin on to a certain extent from newspaper reports,
lad no oias or rtudice on his mind had no conscien
tious soruples, and is worth eight buncred dollars.
The Judge thought the Juor competent.
Mr.. Davis vas sworn.
Lewis Brooks WIS cslled next He had no impress
sion on bis mini that would influence his conduct as
Jursr: is not biased on either side but has his sym
psthies.
The Judge thought that this expression of sympathy
rendered the Juror Incompetent.
Mr.. Stanton bcd q at tho question here was one OF
Judgment lot of heart aud ths. sympathies were not
a disqualification, except they went 10 the e1.en! OF
ii iuer cipg the Judgment
TIE judge thought that if a man hsd symPataes
OF either side, they affected bis impartisli.y.
The Juror on being further questioned said tnat he
could most undoubtedly render a fair ard impartial
il5eInept He did not know that bis symPsthes
vouli cloud lis Judgment, if the case were clear.
The Judge thought that the Jurors answers
Amounted TO a disqualification, and the Juror was
ordered 10 stand aside.
Excel tiou was taken.
Lewis Wright was called next. He had partly
formed 40 opinion from the statement of m>n VINO
hsd witnessed the transaction. His mind WAS not tally
msde up
Ordered to stand aside.
Job,F Nrsle w,s called. He hsd formed aud ex
- "a hsd al IN he