The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1859-04-05

Mr.. A. accordingly sworn and one Juror was Sc
VIM. Dawson was called, questioned. and pronoapoed
a competent Juror but was challenged By Mr. Rat
clife
Jaai.s H. Daps called To certain extent, as far as
newspaper reports concerned he had formed opinions
Those opinions would not Influence him. Had no scru
Piles against capital punishment and worth $500
He was sworn, making the second juror obtained.
Lstva Brooks called. Had formed no opinion except
from rumor Was not biased ON either side but the
prisoner had his sympathy.
discussion here ensued as 20 whether the Juror
qualified but the court decided that the Juror after
such answer. disqualified
Mr. Phillips noted exception to the ruling Of the
court
Lees Wright called Had partially formed but never
expressed, any opinion. His opinion formed from In
formation derived from an eyewitness Of the homicide
rejected
John e. Kaus called Had formed opinions from what
he had seen in the papers and heard in the streets
These would not affect his verdict Had bias
In of the prisoner Was conscientousy opposed
to capital punishment.
He pronounced qualified and sworn.
Robert Griffin set aside for the want OF the property
qualification.
Vim s. Hopkins called Had formed no opinions, and
had no prejudice any scruples against capital pun
ishment
He sworn.
John Smith called, Had opinion at all. Had
harbored prejudice in his bosom against any Had
been accustomed to eradicate such feelings. Was not
Mr. Smith peremptoriIy challenged by Mr.. Rat
clife.
Thos r. Br,yRUen called. His opinions were formed.
He could not render fair verdict rejected.
abraham Butler called Had formed opinions from ru-
and from conversations with parties Could, how
ever, give fair verdict, he thought Had formed
opinion that every person who commits wilfu murder
ought 10 be hanged. Had bias against the prisoner
Knows of the witnesses but had conversation
with them about the matter pending rejected.
Laurence hrdeiia called Had formed opinions, and
biased rejected
NJ Boyd Brooks called Had formed opinions ro-
jected.
Dauid Hepburn called. Had formed opinions from pub
LEGATIONS Could not render impartial verdict in the
case rejected
San, r. Sylrsster called Had neither formed nor ex
pressed opinion Had scruples against capital pun
shment Was not worth $500 rejected.
VIM. Bond called Had formed opinion. No bias
against the prisoner Was worth $500.
Bennett Secuu called Had formed no opinion Had
impression about the No scruples about capital
punishment Was worth less than nothing Laughter.
Rejected as lacking the property qualification.
Warren Lore called Had formed no opinion No Inn
preston about the No prejudice for against the
prisoner. Was worth $500
Challenged by defence.
archibald White called. Was disqualified from opinions
formed from rumors and facts rejected.
Poa &c.sns called, but excused the ground OF
il-health.
Geo Il. Kirk called. Had formed an opinion In regard
partial verdict account of his relations with the prison
at the bar, being himself married man rejected.
James Fsdloce called Had formed and expressed opn
ions. Did not think that he could be impartial juror
In this rejected.
Refbea Hortiugtoa had formed his opinion in this case:
rejected.
Rich@dE Sanm called Had expressed his opi,ion
rejected.
The regular panel had now been exhausted and but
FIVE jurors far obtained as follows Reason Arnold,
Jas. L. Davis, John E. Neale, VIM. s Hopkins and VIM.
Bond.
After some consultation between the counsel and tho
court it was agreed that sevenyvo talesmen should be
summoned
Mr. Stanton suggested that the extra panel should be
returned by to morrow morning which agreed to.
Mr. Stanton then inquired Of the court what DISPOSE
ton would be made of the jurors already chosen.
The Court replied that they would be dismissed and al
lowed to go to their homes under strict injunction Meth
to speak themselves to allow any others to speak
to them of the subject now before the codrt
The Judge then also dismissed the remaining Jurors of
the regular panel until next Monday morning ten
o'clock
At the request of the counsel for the defence il was
ordered that list of the jurors that might be summoned
the extra panel should be furnished the counsel
on both sides made up
Here a pause ensued, during which many left the
room ; Mr.. Sickles meanwhile, comforting with his
friends and counsel.
REMOVAL
Finally Mr. Stanton addressed the judge in relation
the position allotted to the prisoner in the courtroom
He called attention TO the fact that the prisoners box
was in a remote of the where no COM
munication could be had with him by his counsel and
asked that it should be removed The place where they
asked that the prisoner should be situated was now oc
cupied by bystanders and Mr. Sckles would doubtless
cheerfuy yield them the place. if their relative positions
of prisoner and bystauders changed Tho counsel
could not communicate with Mr. Sckles at all from the
position occupied by them and him. nor even see
him, because of the crowd he asked that such ar
rangement be mado would give the counsel opporu-
nifty TO consult with him during the of the trial
From the position he placed in, he might MS
well be in the Jail, far any consultation with his
counsel was concerned.
Mr.. Magruder followed He thought that the prisoner
should not be denied his constitutional right of being
confronted with his jurors and accusers The theory
of the law seemed to be TINT the prisoner to conduct
his own defence. Must he then be placed in so remote
position, aud that, too in trial involving his life that
he can neither nor be by the witnesses The
prisoner himself member of the legal profession
and could feel the injustice of such decision They
told that 1t had always been the rule of the court
that the prisoner should occupy the position now held
by Mr. Sickles But they neither Modes nor Per-
slams Their rules not, they should not be- i'm
muable. So far precedent concerned il was the
universal experience OF his colleagues that the prisoner
had been denied seat at the table of the bar TO
confer with his counsel He referred to the celebrated trial
of Aaron Burr for high treason where the prisoner al
lowed the of pen and paper and all other facilities for
his defence Was IL then asking too much that the
prisoner should be better accommodated his own ac-
count not to speak of the convenience of his legal adj
visers in the discharge of their dutys