The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-07

william G. Deale had formed and expressed opinion
rumor and pe~spsper statements, and IN reply 10
question said be would Try render an impartial verdict,
but be would rather not r Ut HIMSELF aud DID not KNOW
how far bn prejudice might iDfneoce him.
Mr.. Phillips considered i'm compesent az juror, nut
the Court thought his answer amounted 10 dsquAhnca
| tsp.
jesse B. Wilson did not that he hsd expressed
opinion the gun, innocence Of the accused de
various Opinions but had not made up hH mnn
had bias prejudice.
The Judge thought the juror qna'ihed.
The Juror-Have conscientious scruples ss 10 capital
pupshmen and worth $500, but should BIO glad
| 10 be- excused.
Mr.. Wilson was sworn the ninth juror. lie resides
| IN washIg,on City; business grocer
| John A Ripp had for med an opinion.
To MIR. Phillps-The opinion founded on rnmor:
reference botn to the cause Of the kiog aad the
act thinks ne preudced and could not reader fair
| verdict. Disqualified.
John E. Leach had formed and expressed an opinion.
| Disqualified.
James Nokes had an opinion and hal expressed great
deal OF sympabs to both parties; there vas 40 IMPRESSION
his mind nueDca conduct as juror had 90 oas
or pr jodce on euher size conscientious scrupes
about cspa Mt should think he worth
| eight hundred dollars.
| Mr. Chiffon desired 10 know how far the case comes
within the rule made by the Court, as TO expression
| Sympathy. Sympathy both sides was very indefinite
| There may be preponderanee Oh either.
Jucge-sy mpa,hy side amounts TO dbqualihca
ton sympathy sides with general regret at the
occurrence, does not
Mr. Chiton-Ihen the Court strikes balance that lie
| what We wan, " know Challenged ptorily
| Joseph McDemot-Had read the principal portion Of
The tesi,Doy Coroners inquest, aod had vague
indedpite impression mis- mind what ,tect they
| would have HIN juror be could not answer
| Q II sworn as juror, woad you discharge your duty
| impartaily
juror shoud endeavor TO do So but would rather not
| AXE the responsibility.
rothe Judge asa vague impression which be could no;
ogny by the TILE Of opnon cannot answer ss 70 what
effect bis impressions gnt have him. or whether or to
| what extent his mind Is Dassed.
| The Judge thought the answer amounted 10 q non-
| Tor nation of OPINION; thinks him qualified.
Swsrn az the tenth juror.
Leon,das Coye-Has both formed and expressed OPT
| nioo. Disqualified.
| Andrew j. Duval, James A. Tucker and Francis Mat
,ipgly had formed and expressed OPINIONS Disqualified
| William II Stanford had not formed oDu,oo; has Do
bias prejudce has conscientious scrupes against the
law Of capital punishment Disqualified.
Micbae, Green had formed opinion.
| To Mr. Pbihps-Au opinon founded rurnor but If
sworn as q juror would go according 10 tho evidence
bad expressed his opinion publicly and above board
| that
! District Attorney-Never mind what II was; II sworn
on tn jury would you render verdict according law
| and the eSidenceP
| Juror-I would.
District Auorney-Have you any bias for or against the
| praoner2
Juror-wen, I am for the prisoner far as have
heard. Oaugbter)
The District Attorney submitted that the juror not
| qualified
MI Phillips argued that he was the Juror had nswered
| that be coulo siechaige his duty impariiay.
Mr. Brady said tots the first be had taken any
part the empannemeDt Of the jury,
and addressed hs Honor because tpe Court might
understood the Of the juror different from the
manner in which the counsel defence understood
He sail be was for the juror go far as he had beard
He hoped there would be reconstruction of the effect
Of his lie ~Oud suggest the Court to ask wne
Their not what be bad heard and read that he had
TO, cd an op,nop and whether that not Of tempo
rary ting character The juror had not said that
upon any evidence be had formed bis op'nroc 40
opinion to osqualy juror must be IN reference to toe
guilt or Innocence Of the accused This juror says he
would render verdict according the law and the cyl
depce and lie ask juror render verdict IN
any other way He hoped the Judge would ask the juror
what he by saying that he for the prisoner
TIE District Attorney submitted that the juror declared
he had bias for the prisoner. DOS not follow that
that pas 10 temporary ny been suggested
1t may be fixed The prosecution had here two diicul
ties fist, the formation and expression
opinion; and second the bias favor of the prisouer
The Court bad already held Jurors disqualified Tor having
declared they had mpathy for the prisoner Here WAS
something stroneer-a exed opinion and bias He there
lore imagined that person not competent 10 Sit
ss juror.
Counsel for the defence submitted that every prisoner
held to be innocent Till proved guilty, and eacn juror
should the box with impression in favor OF hi
The Judge should have the same impression
l the accused proved u be guilty they should IN
bulge the presumption that be IS innocent All prosecu
affecting lie and all s citing liberty ought 70 be
drme hte,to 10 be in tacoye rse He asked thai the
jurors should be allowed the legal presamp
that the prisoner innocent The first effort OF tn
prosecution must be that presumption. tn
in favor OF it, and the juror who bed the pre-
.unption entitled TO take his seat in the jury box
Mr. Carlisle, for the prosecution, submitted That the
not stating this as legal presumption, but bal
substance that az the case nov stands be 10 for
prisoner II would take marvellous ingenuity TO
that with theory about legal presumption Of npo
/ cepce.
Mr. Brady, for the defence only wanted 70 know wha
instruction the Court placed the jurors last
hat he Tor the prisoner" Never a
allied TO sit on jury in any criminal case demanding
ympatby who did not, as he looked the prisoner &c,
impression as 10 his guilt innocence. There
such thing in nature as marble statue moving 10 the
clerks desk, and taking an oath 70 render verdict
| cording TO evidence Take the of Old who
| uad committed art which might To be 10
Joints natural, but which Is yet against the law, all
jurors, youpg or old would feel this Impulse strrips
within them, that unless the law prohibited q
,o that old man should not be sent 70 prison
Gown in SORROW to the grave, and yet these would
oscbarge their duty conscientously, Whatever
quence might befall the Here nothing Of
snd am perfectly willing to trust Il 70 your Honor
satisfy YOURSELF by inquiry from this juror who
AinIy an intelligent and upright man, " what