The New York herald., 1862-01-28
Trial OF Samuel HI. Merritt for the MUIR
der OF John Swain, . secessionist.
COURT OF GENERAL SESSIONS.
Rafnrn V..duA lHcrx..-~ 4


JAN 27.-At the opening OF the court this morning
Felix Sanchez, who indicted for an assault with
intent 10 kill pleaded guilty 10 assault with danger
Gus weapon with intent to do bodily harm, and was re-
manded for sentence. . s-...-.r,-,
Tho Assistant District Attorney then put Samuel Mer
rtt to the bar indictment charging him with shoot
ing John swain at No 100 Prince street. the S1st Of
May last. This case 1t will be remembered excited
siderable interest at the time Of tho occurrence
Of the fact that the deceased Swain, uerng
zion sentiments in q lager bier saloon WHOM it alleged,
Merritt shot him on the SPOT AS there public
announcement that tho trial would be commenced TO-
day, the court room not more crowded than usual
Mr.. A. Oakley Hail. the District Attorney, associate
the ofaco Of Prosecuting Attorney so that a
sense OF proprie,y, the matter were not
sty having the people represented by othor
counsel. Mr. Hall. therefore, requested Hon. Daniel s.
Dickinson the Attorney Generate or the State appear
Mr. Dickinson present this morning. and is assisted
by Mr. Stewart the Assistant District Attorney James
T. Brady and RobertT Holmes, Esls., appear for the
prisoner
The jury was empannced at noon and the requisite
number were obtained without much difficulty While
they being sworn Mr.. Isaac Harman, the second
uror-who had been sworn without knowing what tho
Indictment was for-rose and said that il this was
murder case he did not want to have anything to do
whit.
Tho Attorney General offered to the juror aside bu.
Mr.. Holmes objected stating that II that were civil
suit he would consent but in case OF life and dcah he
! could not consent to the retiring OF the juror.
Counsel for the prisoner argued that there law
enabled the Court to set Juror aside after he had
Judge McCunn and Mr., Dickinson were inclined to the
opinion that the law did authorize the Court
the juror aside but before the jury
ney General procured tho Of tho people against
Joseph Damon 18th Of Wendell, which showed that the
Judge had the discretionary power to set juror aside
before any testimony was given in cause; whereupon
Mr. Hartman was set aside
The following jurors were sworn to try the indct-
-.
Thomas Ormsby, Frederick Kaifer
Alexander H. Ward, James Pollock
Henry Roman, ELIJAH b. Sperry,
Timothy G. Seew, James Boyd
The Attorney General briefly opened the case observ
ing that the prisoner Samuel II. Merritt, indicted
bier saoon at iee Prince street ON the s Of MsY
1861 1t would be from the evidence that the
cused and other went into this saloon for the
purpose of getting drink and that while regalng them
during the debate Merritt held pistol in his hand,
Omitted States or nothing Swain having ed seces
sion sentiments The deceased refused TO add words
:" or nothing" and while they were talking pistol
fred Swain reeled against the wall and fell dead
the floor.
Edward C. Immsn the barkeeper at the saloon No 100
Prince street, the FIRST witness examined by the
prosecution He said that Merritt, Swain and Cornelius
Salmon into the saloon about four O'Clock in the
in torcther and soon after thew commenced to SSnr
beer, salmon having invited Swain to take drink they
all drinking together and had taken three glasses Of
beer each before the aay they got into conversation
about politics. Swain went to the counter pay for three
glasses Of beer when Merritt came up to him they
talking pretty loud about the affairs Of the country when
the prisoner said him. 90 want tho United
States nothing e!se" Swain said " United States -
Merritt said " want you to say United States no.
thing else the pistol then or they we're stand
ing about two feet apart Swain staggered back against
the wall and fell and Merritt Immediately went out.
This witncSs cross examined at length by Mr.,
Brady, but no new facts were elected.
Cornelius Salmon was the next Witness who gave sub.
stantally the statement the previous witness
Swain and Merritt disputed warmly upon political sub
jects Swain said he would like burn the American flag
ashes and trampe tho ashes under his feet and that
he wished hs able to kill every Northern son Of
b.; Merritt thought that secession should be put down.
and that the Union should be tho IL always was
previous to the firing Of the pistol Swain said that the
South would gain the victory and that 1t would be but
short time before other States would join hcu, and
that New York would be next hc could not rscoilect
whether Swain and Merritt sitting or standing
when the pistol fired he did not hear any threaten
ing conversation between thsm.
On being cross examined the witness repeated good
deal OF what he said on his direct examination.
Mrs. Swain the widow OF the deceased, testified that
she never the pistol exhibited her In the pos
session of her husband that when Mr. Swain the
barrocm she called him twice and that he was in his
shirt sleeves all the time.
her husband born in New York city also stated
that she said to Mrs enn that she he witness)
know that her husband went to the barroom he would
make difficulty.
The deposition Of Or. Bouton which taken At the
Coroners inquest, was read by consent, wherein the
Of death stated to be hemorrhag produced By
the wounds described
The hour for adjournment having arrived, the Jury
allowed 10 separate. The will bs finished on
Tuesday.