New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-05-15
La W INTELLIGENCE
THE OYSTER-SLOOP MURDERS.
TRIAL OF HICKS-rIRST DAY.


The trial of Hicks alias johnson was commenced
yesterday morning in the United States Circuit Court
before Judge Smalley and Jury. At lOa m. his
Honor took his seat the bench, and Deputy United
States Marshal De Angels brought in the prisoner
His appearance is much changed since be was given
into the custody of the United States Marshal. He
seems to be much more grave and thoughtful. The
Courtroom was filed with spectators.
The Hon. J. J. Roosevelt, United States District
Attorney and James I. Dwight esq, Assistant, aP-
peared for the prosecution, and Messrs. Graves and
Sayles for the prisoner.
The indictment charges that Albert w. Hicks alias
William johnson, Mariner the high seas, onthe
2ist of March 1860 with force and arms, on board
certain American vessel called the Edwin A. johnson,
manned in whole in part by American citizens, did
make upon George H. Burr, an assault and in the
presence Of said Burr, and against his will did seize,
take the personal property OF George II. Burr, pieces
Of gold coin of current and lawful value, amounting to
900 and silver coin Of the value Of $780, watch OF
the value of s20 and watch-guard Of the value OF
cents one coat and other articles, &C., against the
peace of the United States and their dignity. Inc
second charges the piracy TO have been commit
ted 10 the lower hay Of the harbor Of New within
the admiralty and maritime jurisdiction of the United
Staies and in the jurisdiction of this Court.
In obtaining Jury, the following gentlemen were
called and examined, an extra panel having been sum-
moned:
James +. McElroy had not formed an opinion the
case and had conscientious scruples against hang
ING a n an il he deemed him guilty. Sworn.
William A. Martin had formed and expressed an
opinion, and was board the vessel before he was
summoned as q Juror ia the canse.
The Judge said simply forming an opinion was not
sufficient ground for challenge for cause. he must
have formed and expressed opinion, under the COM
mon law, TO be set aside.
further inquiry showed that the juror had also
esHf an
owen Farley had not formed an opinion, and was
sworn.
Robert Goodenough, a resident of Gravesend, l.. j.,
had read the newspapers, but could try the prisoner
without any reference to what he had read of the ex
animation before the Commissioner. Challenged per-
emptoIily.
John Coulter had formed no opinion. He never
made up an opinion from newspaper. lie mad e s-
what they were worth. They seem TO be always
worthless. He was sworn.
Joseph J. b. Del Vechio had formed an opinion and
WIS excused.
Dwight johnson had formed and expressed an
opinion, and was excused.
George II. Nichols had not formed or expressed any
decided opinions had not read enough of the testimony
before the Commissioner or the newspaper reports of
the case. He had been very busily engaged for the
last few weeks and bad not had time to form an intel
Ggent opinion Peremptorily challenged.
A. Il. Lawton had merely glanced at the testimony,
and in reading the editorial comments he expressed an
on the Jury.
The Judge said this was not sufficient to excuse
Juror in the Federal Courts. In the State Courts the
rule had been carried further but the Court must
the old rule and if every one was to be excluded
who had read a newspaper we could not get Jury
at all.
Prisoners counsel wished to AJAX the Juror if he had
any conscientious scrupies against serving on tins
Jury. The Court said mo-" and the juror was chal
lepged peremptoriy.
George w. jackson had not formed or expressed an
opinion and to conscientious scrupes he said be did
not consider that 10 be any Of his business He was
sworn.
James c. Rhodes had formed no opinion on the gull;
or innocence of the prisoner and bad no opinion as
TO the proprety Of capital punishment. lie was
sworD.
Isaac Jerome had read very little about the case, and
had no conscientious scruples. lie was sworn.
Daniel r. Leveridge had read the accounts in the
papers, Int could not say if he had expressed any
opinion; his partner IN the store at the time, and
he the Juror may have said something. The news
papers represented q pretty horrible account. The
Judge said be did not think that good ground for
challenge for principal cause. II might be Tor avor.
Samuel Carson was ret ABIDE for favor, having ex-
pressed ar opinion.
George Birbeck had expressed an opinion as TO the
character of the ofiense, and the person charged
Andrew Brady had formed no opinion and had no
conscientious scruples He was sworn.
Robert w. Allen had read most Of the accounts in
The papers, but formed no opinion one way or the
other; had no scTupes which would interfere win
verdict of guilty. He was sworn.
John Farrell had not read the accounts Of the trans
action and expressed opinion; had no scruples US
10 the punishment of death. He sworn.
John Latham had read the accounts In the newspa-
PER-, and expressed opinion on this case. lie was
excused.
James M. Fuller had read some accounts of this
but expressed no opinion This Juror was
sworn.
John McAlvin had not formed or expressed any
opinion. He sworn.
Thomas NJ. Clark had formed and expressed opin-
ions on the case. He was excused.
Oscar johnson had read part Of the report OF the
and conyersed thereon with his son. but gave no
o,jnion thereon. He was challenged pefemptonly.
Jobn Green had read the accounts In the papers ana
expressed his opinion thereon
BENJAMIN Sherman bad not formed or expressed an
o;,iD ~ tbc case He was a resident of Brooklyn.
VI ould not have conscientious Scruples LII nndne Ner
Dict lie was sworn, making tweiye.
Lees than an hour was spent III oD'alninB yuiy' "a
obtained they were confronted WIN INC p'Sohoi III"
sworn. Their names are, INC,
0wrS F.RI,y RoBr. w. ALLEN,
JouE CourrR JOHN FARRELL,
Gro. w. jackson, JAS. NJ. FULLER,
Jas. C.. Rnonys JoHs McCALvIs,
Is1;c JyRoMr BEsJ SHERMAN.
The pr.oncr yvas confronted with the Jury, the In
dctment was read, and the plea Of Not Guilty en-
tered. .
Jas 7. Dwight, esq., Assistant Dissria'AItoraey'