The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-07-03
The slave Trade-Ths Erie.
UNITED STATES CIRCUIT COURT.
Before Hon. Judge Shipman.

sxcoSD TRIAL OF CAPT. GORDON, OF THx S-AyHR KRiR
July The new panel Of jurors drawn from Colun-
ba unity for the purpose Of trying the slave not
yet disposed Of, was called.
The District Attorney, Mr.. E. Deladeld Smith, moved
the trial Of Nathaniel Gordon captain Of the saver
Erie Captured with nine hundred slaves on board In
VIII ose case the jury last month could not agree.
Mr. Joachimssen said that however anxious he was To
have the trial proceeded WITH he did not wish 10 60 to
trial without the ships manifest
ExJudge Dean eaid that he had been recently called
into the case % associate counsel with Mr.. JoA
chimssen, who expected TO be called of to
Fortress Monroe and he udge Dean) had made arrange.
ments to deliver Fourth Of July Grafton in Coumbis
county. he had not therefore, been able 70 give this
case such an examination as its importance demanded
The Court said that sufficient reason for q postpone
ment had not been given He would let the matter stand
VIM Bradford coored sailor, pleaded guilty Of an
aseault with sheath knife upon VIM Reilly, on board
the ship Monarch OF the Seas Sentence deferred.
Daniel Downing pleaded guilty Of assault with a
knife upon David Lopez, on board the bark Excel Sem
tence deferred
and exJudge Dean challenged be array Of the panel Of
juror on the following Specifications
the Jurors summoned and returned acco1dnT to law
and the rules and practice Of the court
That the Indictment of the said defendant for the
said alleged offence wss found in the county Of New
York; and there are not on said panel at least twelve
Jurors from said county
g. That there no Judge OF the State Of New York
present at the time Of the drawing tho said panel.
a. The number Of said panel does not comply With the
law in thus that exceeds the number Of thirty SIX
g. That The venire by which said jury was summoned
is Ivs IN accoI dance with law.
That the said panel Ia not the panel Of petit Jurors
for the present term OF this court and thi
he the Said defendant. is ready to verify Wherefor
he pras the judgment that said panel be qusahed and
set aside, and altogether held for nothing, &c.
The District Attorney said that this . SURPRISE
to nQnl had mot 0ivonh ~
lepge " the array Of the panel.
x-ludge Dean remarked that masked batteries were
the order Of the dag and when bis client was on trial
Tor hs life he would take every legal and technical ad
The United states District Attorney denied the first,
fifth and sixth specifications and demurred TO the second
third and fourth.
The prisoners counsel then called TO the witne stand
United States Marshal Murray who Identified the copy Of
the neye and testified that he present In Columbia
county when the panel was drawn by Mr. White, the
Clerk Of the Circuit Court tho County Clerk Of Columbus
ana another gentleman were present. there Judge
Of the State Of New York present at the time Of the
drawing Of the PANEL did not draw the panel myself
did my deputy, Mr.. Thompson deputized Deputy
Sheriff Of Column a county have ps recollection of sign
ing any paper IN the County Clerks office Of Columbia
county at the time Of the drawing Of this jury.
In the absence Of Ar. White, the Clerk Of the oOurt,
who present at the drawing Of the panel and now
absent on official busnss the care was postponed until
testimony BY beceeal on tho question ~ TO the chsl
lenge 70 the array.
E Judge Dean said thSt they did not mean 10 mpuse
dereicton Of duty 70 any OF the ociss but there was
avail themselves Of II.
The cou,I took thai opportunity Of thanking the jury
for their prompt attendance II was remarkable thing
that cut panel Of fortye jurors all but
swered to their Names and that not served per
sonaly.
Ex.Judge Dean-Country Jurors are always punctual