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

be could not s,r as compessn irorf
The Judge thought unnecessary 70 ask further ques
tons. lie waa disqualified 1ception taken.
J. W. Angus had formed and expressed IN opinion.
To Mr.. Pblhps-rhe opinion H founded on the news
paper reports
QuesiioDf the evidence given trial rs different, from
what runor has Indicated could you render fair verdict
between the governments and the accuseds
Jnior-I could
To Mr. stapion-coud End a verdict on tho law and
evidence HIS mp son was IN favor Of the PRISONER al
together.
M Carlisle held the juror Incompetent
Mr. Philips stood up 10 argue the point.
The Junge thought argument unnecessary The ruling
on the last case governed this. The juror was asqua
ted. Exception taken.
Elijah Edmonston had expressed opinion, and II
sworn as juror would Acquit The prisoner. ushser)
disqualified.
Charles Fl. wtbergsr rad not formed expressed an
opinion had prejudice bias; had CONSCIENTIOUS
scIupes against capital punishment, and ,he prisoner
aas guilty he would hang him as high as aaman
Peremptorily challenged.
Lsmmoni had formed and expressed sn ooinou fully
and feey IN favor OF the pr soner. Disqualified
Tbto. .osher had formed and expressed an opinion
merely from rpmor but would try render impartial
verdict
Mr.. Stanton asked HIM whether he could find verdict
On the evidence?
Mr.. Mosher that his symps.hies in ia
yor OF the prisoner.
Counsel for the prisoner desired know the nature Of
this sympathy and wished proponnd further questions,
bnt the Court said that leaning or sympathy
amounted 20 disqualification.
Geo r. varnel and Vim. II. Mario had formed and ex
pressed opinions Disqualified
John G. Robinson bad formed an opinion, but did not
think il would influence his conduct as juror; had
bias or prejudice; he haa nothing to do with the question
Of capital punishment,
Pereuptos,y challenged.
William Hughes had no prejudice or bias; there was
uolbing to prevent him from rendering impartial
punrhment
Peremptoriy challenged.
Joseph Davis, lanes STRIVING, benjamin s. Kinsay
ALI xnpder Forrest, John Petiibone, Alexander 8ally
Thomas E. Baden, John p. Dennis and Zadook Wilians
seyeray sworn bot having formed and Expressed
opinions, and Of them having said they could not
render impartial verdict they pronounced dig
qualified.
William Uttermuhl had formed and expressed opinions
Disqualified.
William N Moore had formed aud expressed an opinion.
To MI Philnps-his opinion formed on what he
had read
QnestlOD--I sworn a. o juror Wouu you EehueI Ver-
dict according To the law and evidcuce2
Answef-I see nothing to prevent 1t.
To The Count had Impressions; thinks they would
affect bis Judgment thinks he has bias OF prejudice
To Mr. stapton-Thnks his bias would not Affect his
judg ment ON the evidence.
The Judge thought the Juror qualified.
To the District Attorney conscientious
srnples about capital punishment, but could decide &C
cordpg To the law and evidence.
Mr. Moore was sworn the eleventh juror He resides
IN Washington; business, grocer.
Hush Leddey and Thomas j. Magruder had formed opin
ions, and disqualified.
William n. venabe had formed an opinion.
To Mr.. Pbiipe-Opnion founded rumor; thinks he
could impartial juror, thinks NJ evidence
could change his mind. Disqualified
Samuel Pumphrey bad formed opinion.
10 Mir. Philps-rhe opinion founded on rumor;
~as afraid to trust himself give impartial verdict
Disqualified.
James Greenwich had formed and expressed opin
ion Disqualified
Robert Cohen had not formed expressed opinion
has impre sson bias prejudice and conscient
scruples.
Challenged peremptoriy.
Jsmcs l. Bar Der frequently expressed opinion
Disqualified.
James L. Topbam had formed an opinioo. Disqualified
The Judge here remarked that the Marshal hAt sum
moned seventy six, instead Of seventy He supposed
there was objection
Mr.. Brady-No objection on our part. The number
suggests patriotic ideas.
Tlos c. Wheeler had formed an opinion; has sympa-
,hes hebaif of the prisoner, evidence
could charge them.
Mr. Brady That clearly falls within your Honors rule.
Qaugbter)
W. H. Baum had formed and expr essed an opinion Dis.
qualified.
VIM Il. Upperman and J. +. B. Purcell had formed and
Expressed opinion. Disqualified
Iram Rtchey bad expressed opinion as to what the
refult OF the trial would be-
To Mr. Philips He could not form an opinion of guilt
or TIL be heard the evidence If sworn
Juror, have always thought that could discharge my
duty imJart,aiiy, and think could
To the District AuorDey-He has sympathies for the
prisoner and for all
Questioniiase you any sympathy growing out of what
you believe Of the circumstances the case2
Answer have sympathy for any person who is SINH
srly suated both parties stand the same 70 me- have
for against the prisoner, but have freely ex
pressed my opinion as to the result of the trial.
QUESTION: Did you say what would be what ought 70
be ibc resulP
Juror-l said what ought 10 be-
The Judge thought that amounted TO disqualification
ToNr Philps-Thai opinion predicated what
understood from runor to he thefacts.
To Mr. Brady-If the facts are different from what I
understood tb, m 10 be could render fair verdict
District Attorpey-n the law should be different from
what you suppose to be- could you render fair verdict
n accordance with that lawp
Juror Certainly.
The Judge thought that when juror had said yer.
dict ought to be particular way, amounted TO dis
qualification.
Mr. Stanton argued that on all the answers, taken TO-
se,her the juror quaded could there be man bet
ter qualified to act juror
Judge-l think so, very easily. CIaughter.) Dis
qualified.
Exception taken.
stephen Cester and John r. Mitchell had formed
cpinious Disqualified.
Harmon Burns had formed opinion.