Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-07
Gattst bO GrIrarapb.
Thc slckies Trlal.

will be completed to-day. Talcsmen are
summoned from the rural portions Of the
District. The proceedings Of yesterday
plainly indicate the public sentiment Of this
city. n out Of "a persons had opinions
Fixed 80 decidedly that they could not trust
themselves 10 act impartially When these
questions were asked il appears, that these
opinions were not rs to killing, but as to jus-
tifcation. Tho defense would not Of course.
challangc any OF these Jurors The ptis-
ouer's Father and Fathcr-in-aw and many
New York friends were in Court, and much
sympathy appeared among them. The
court was crowded and deep interest was
manifested in the proceedings.
The Court being opened at 10 IA O'Clock
[ A. NJ, the names Of the eight Jurors already
sworn, were called and all answered. The
prisoner was then brought into Court, look
ing calm and self.posscssed
The Clerk then proceeded TO call the
Talesman.
J. M. Cooiubs had already expressed and
formed opinions in regard 70 guilt or inno-
cence Of the accused his opinions were
formed from what he heard and read; never
conyersed with witnesses for the prosecution.
District Attorney--'rhat is As far rs you
knowl
Juror--C Certainly.
District Attorney--Should think so, for no
one knows who are to be witnesses
juror do not think il could he any in
ducement for me TO change my opinion, my
mind is fully made up.
Judge suppose so; you may retire.
Charles w. Ilayens had formed and ex-
pressed his opinions as to the guilt or inno-
cence Of the accused.
Phillips-ls your opinions formed on mere
rumor?
10 not know that could discharge the
duties as Juror, my mind is made up on the
matter Disqualified.
Geo w. Hinton had formed an opinion, no
thinks lac could not render fair verdict
( VIM. II. Arnold thinks he had formed an
opinion and felt strong sympathy in the
case, has expressed an opinion and feels him.
self unqualified as an impartial Juror.
Judge-Should think so after your declar-
alton of sympathy; retire.
Geo. NJ. Goodall had formed decided
opinion.
Phillips--on what has that opinion been
ioundedl
The District Attorney submitted that after
the answer of the Juror, further examina-
tion was unnecessary.
Phillips thought the formations of opinions
amounted to nothing.
But the question is, are you an impartial
Judge; can you sit as an impartial Jurorl
there is no principal Of law, and certainly
none Of common sense, which excludes q
Juror because he had formed an opinion on
mere rumor il Notwithstanding that opinion,
he thinks he can give a fair and just verdict.
Judge-The opinion of Juror may be
weak, or strong; if Juror answers that he
can try the case with impartiality, he may
be sworn, as several of the Jurors has so an
swcred; but where Juror answers that he
has formed a decided opinion, he is certainly
disqualified.
: II the witnesses would sit as impartial
Jurors, the formation of opinion would not
disqualiiy him; if every man is to be eX-
cluded because he has formed an opinion, or
mere rumor, we would never get Jury
n man who had formed an opinion but could
still sit as an impartial Juror is as qualified
as if he had never heard Of the case at all
the prosecution by preventing further queS-
tioning would thwart the course Of Justice
the judge himselfhad formed an opinion
( more or less decided, for he has formed O
. decided opinion and is incompetent.
9 Stanton--Will the Court decide that the
prisoner has no right to question Juror as
e to the ground Of his opinion.
!. Judge--Oh, certainly not.
, Stanton--The counsel for prisoner pro
. poses to ask the Juror on what his opinion
is founded; and the Prosecuting Attorney
objects; we ask that counsel be permitted to
= make such enquiry, and think it denial O
justice to prevent him.
. judge think counsel should make nc
y complaint in this case; there has been nc
Withholding of proper privilege or right from
prisoner.
Mr.. Chiffon disclaimed intending to in
sinuate that there had been unfair ruling
against the prisoner.
! Judge thought argument Of point un.
-. necessary, when Juror says he has formed 9
decided opinion, he is disqualified and fur.
ther enquiry is needless.
Juror said to Phillips, he had formed {
decided opsnion; it was formed on know.
ledge obtained from witnesses.
Stanton explained the defence merely
wanted to know what Jurors meant by
. saying they had decided opinions.
Judge repeats what he had said before, a.
to incompetency Of Juror, who says he haC
= formed decided opinion.
The Court proceeded to select the four addi
:. tional Jurors required.
N An eleventh Juror was selected anC
u sworn--3o yet to select.
The 10th talesman having answered tn
questions satisfactorily except the $800prop
erty qualification; Stanton agreed that tina
was not required. The District Attorn9,
argued such was the law. After some dis
cussiOn Of the point the Juror said he consid
cred himself worth that and was accepted.