New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-07
ut TIE Court tAoush. lii answer s1ountsd to dis.

The Judge thought the juror qu.iifed.
The Juror-Gsve no conscientious sc-upes - TO
capital punishment ard an worta over $500, bu;
should lie glad to be eIcuEed-
Mr.. Wllson Hss sworn as the ninth jdro-. He re-
sides in Washington City, business, grocer.
Jotn A. Rupp hal foIIned sn opirion.
ToMr Pniibps-The opinion vss fglsde3 on IunJr.
It was III reference both to tie o the killing aud
the sc, Thinks he s prcjadiced and coad not render
9 fair verdict. Dsqlsiifed.
John L. Leach had formed and expressed ar opinion.
, Disqualified.
1 james Nokes had an opinion, and had expressed a
great deal Of iympshy TO both parties There YVES no
imp rersion on his mind to tfosnce tie conduct as
juror; bad 10 bias prejudice On either side ha1
10 conscientious scrsples about capital punishment
should tbink he was worth over $500
Ny. Chiffon desired 70 know how far The case comes
within the rule made by the Court a 70 expression Of
| sym psthy. Sympathy bot1 sides was very indsh-
nite There may be : p.spondefsoce on either.
Judgs-Syppstby or ODE ride amounts to disqqsi-
fcstion; sympathy both sides, with general regret
at the occurrence, does not
Mr. Cbton-Then the Court kes balance
tba, j. Whist We want to know. Challenged p@remPto-
rily.
John McDermou he'd read the principal portion Of
the test mony at tie CoToners Inquest, and mad
vague, indefinite Impression his mind ss to what
effect il would have on hi - juror, he could not
answer.
ouestion-If sworn az e juror, wouli you dschsTge
your duty imphtislly
Juror should endesvOr TO DO go, but would rather
not take the responsibility.
To the Judge-Hss vague impression, which he
could not diguify by the title OF opinion Cannot an
aver 81 to wbs, effect bis impressions might hsvs "a
him or whether to what extent, his mind g biased
The Judge thought the answer amounted 10 d non-
formation Of opinion. Thinks him quanfsd.
Sworn az the tenth juror.
Leotidss Coyle had both formed and expressed an
opinion. disqualified.
Andrew j. Davall, james A. Tucker and Francis
Nattingy had formed and expressed opinions. Dis
qualified
VIM. II. Stanford had not formed opinion. Has
no bias or pr,judiceS. Has conscientious scrupes
sgsnst the law Of capital punishment- Disqualified
Michael Green had formed sn opinion.
To hir Phlips-An opinion founded on rumor, but,
If sworn ss juror would go according to the evi-
dence but had expressed bis opinion publicly and
above.bosrd that -
District. Attorney-N Never mind what it was; if
sworn ON the Jury would you render verdict accord
ing to Jaw and the evidence !
juror would
District Attorney you any bias for or against
the prisoner
Juror-wel1, am for the prisoner, as far as have
heard. Laughter
The District Attorney submitted that the Juror was
net qualified.
Mr.. Philips argued that he was. The juror had an-
sweIed that be could discharge his duty mpsrtiay.
MIR. Brady ssid this was the first time lie had taken
anv part in the discussion as TO the impannelment OF
the Jury, and addressed his Honor nov becsuse the
Court might hsve understo the answer Of the Juror
different from the msnner 10 which the counsel for the
deferse undertood it. lie said he was for the juror 30
far as he had heard.
lie hoped there would he no misoonsTuct'on Of tho
effect Of his answer. lie would susgest to the Court
to ssk. whether ii not what be hsd heard AMI
read that he bsd formed ar opinion, and whether that
vas lot Of a temporary or fleetiDg character
The Juror hal not Is d that It was upon any evil
deuoe be had fCIlued his opinion. An opinion 10 dis
qualify aror must be in reference to the guilt or In
pccepce Of the accused. Tbs juror says he would rem
der verdict according to the law AID the evidences
ard he would not ssk Juror to form verdict 10 any
other way. lie hoped the Judge would AK tue
Juror what he 'neAns by saying that he Was FOR the
prisoner
The Dntric.-Attorney Submitted that the juror do
clsred he had bias for the prisoner. 1t does not
follow lat that bias is temporary or heeting as has
been suggested Il may be fixed The prosecution mad
had two difficulties 10 oysrcome-trst, the formation
and expression of opinion; and, second, the bias III
favor Of the prisorer The Court had already hed
Jurors disqualified for having declared they bad symps-
tbv for the nYisoner There was something stronger
a Exed opinion ana a bias. He therefore imagined
that this Juror was not competent to sit as juror.
Mr.. Graham, for the defence submitted that every
prior er is held to be innocent till proved guilty, aud
each ioror should enter the box with impression in
favor OF biz innocence. The Judge should have the
s,ue impression I'll the accused was proved to be
guilty.; they should indulge the presumption tust he is
procert. An prosecutions affecting life, and al aft Ct
ing liberty ought to be ~ fdrore h6trtdfi', to be HJa
rore ritz. He a.ked that the Jurors should be allowed
to entertain the legal presumption that the prisoner Is
Innocent The first effort Of the prosecution must be
TO overcome that presuDpuoni the law was 10 favor OF
H. and the juror who held the presumption was en-
titled to take biz seat in the jury box.
M Carlisle, for the prosecution, submitted that the
iuror vas not stating ths legal presumption but
had SAID in substance that the stands lie Is Tor
the prisoner. Ii would take marvellous ingenuity 10
cotfoapd that with theory about legal presumption
OF innocence.
MI Brady, for the iel:nse, only wanted to know
what construction tie Csur. placed the Jurors last
snswer. that he was for the prisoner Never was
nan called to Elf on jury in any criminal case de-
msrdirg sympathy, who did Dot as he looked Oh the
p,,oper ge; an impression TO his ct or innocence
There was such thing in nature as marble statue