The New York herald., 1864-10-08

wild pigeons and parrtdges are IN good oemano Out seu
at very high prices
The Evening Express Case.
THE PARTNERSHIP DIFFICULTY ABOUT 70 BIZ SIT
TIED AT LAST-EMPANNKLIEQ JURx-faE
PANEL EXHAUSTED.
COURT or COMMON PLEAS.
Before Judge Daily.
or T-SepAsn 2. Clark vs. James and Erdtss
Brooks-This ineresting sut growing out OF partner
ship difficulty between the proprietors Of the Evening
Erpress may now be considered 10 fair way Of settle
menI Alter numerous delays, the trial was set down
to-day, and for wonder, when the case was called
by the Court, both sides answered "ready The CON-
tending parties 10 COURT attended by COUNSEL aud
manifested deep interest In the proceedings The a.
tendance OF spectators mot large owing NO oouDs 70
the uncertainty OF the case being tried.
Court having directed clerk 70 smpanuei tho
jury, Horace Holdeu's name was csed, and the jury
Mr. NoKeou-As there win be some challenging, pro-
pose that the Court shall act as trier.
cause on The ground that he has formed
expressed any opinion rcssion to this cases A. No,
sir. . -
YOU know anything about the casss A. Nothing more
than what In the newspapers some time ago. Q.
Have you prejudice on the eubjecr A. No, none
Mr MoKeon--I withdraw my challenge.
The next juror called was William II sackett.
this oases No, sir. q. Have You seen ANYTHING Of
tho case in the newsplpcrsY A. have not. (ChalleDge
withdrawn and Juror accepted.)
Francis B. Alexander tho next juryman on the list,
nothing the except what he had read ia
the newspn knew It was some partnership difficulty.
John Gray knew very little ssou. tho CASE recollected
about it; had n, prejudice one way or the other
tnat wold prevent him rendering true verdict accord
Ing 10 the evidence (Challcnge Withdrawn
Frederick Lewis knew nothing about the case and con-
John Jewitt formerly editor Of religious nowspa-
per had read about the case but had no clear recoec
tion the subject had interest in the result OF the
suit; know Mr.. Brooks by reputation Challenged Pc
Simon Werner knew nothing about the whatever.
Challenge wiihdrawn.)
jules Werner had religious feast to attend Mon.
day and Could bo present (kxcused by the Court)
Peter r. Foster know nothing about the Case (Chai'
lenge Withdrawn.
Judge 1aly-I am afraid it viii be difficult thing to
get u Jury to-day. This festival will prevent great
many OF jurymen from attending on Monday.
Si. Cram-I hope we will go on with the case as
far as we For our part We are willing TO try the
case before any number Of jurymen from ono up to
dozen
Robert W, Seymour knew nothing about the case ex
whs. be saw IN the had ne prejudice
John w. oliver was printer by trade; saw tho case
reported n the newspapers and glanced over the
was not acquainted with either OF the parties; had
formed impression on the subject, bat DON'T know
what il was.
Mr.. Cram-When last saw the las on that subject II
only gave you perompory challenges 10 civil action.
You have already had two. and cannot therefore chat
Judge Daytime counsel for the plaintiff is right.
There can only be two perenp1ory challenges on each
Mr.. McKeon-Ihen submit. your Honor. that the
having formed impression in reg ard ~ the case
he should be set aside for favor
Judge Daily refused grant the request however and
lhe juror was ordered tc remain
Thomas Chatterton had road OF tho case In the
by Mr McKoon-pid this account you read leave any
and sub % luen:iy withdrawn
q Gould you alter what you have read render just
verdict. according TO the evidencef A. | think
Mr. Cram objected to che juror giving any explanation.
lie mad fully answered the question.
Mr. McKson cited decision n the case OF the People
Bodne to show that the entitled 70 make tho
Judge isiy-1he juror can make his explanation.
Mr. McKeon-You said you thought you could Try the
was going e. say that would ike 70 be let or the jury on
account OF business. Challenge wthdrawn)
what he read ia the aud could ry .be csse
according TO the evidence. Challenge withdrawn)
Ezra Gderslesve had read the reports Of the case n
the newspapers, and had formed opinoo in relation
Mr.. Cram-Havs you any personal knowledge Of the
you read in the newspapers, Them A Yes. q If you
sworn here could you give verdict according
to the evidence, Notwithstanding that opinion A. sup
Dir. Cram-l submit your Honor, that this is q compe-
Mr. McKeon-The Juror certainly comes within the
rule where may be set aside for principal cause He
says he has formed an opinion That all that 10 ne
Mr Cram-rne character OF the opinion formed 10 TO
be taken into consideration, suppose VIII the gene
man permit me 70 ask the juror another question, O.
What the opinion you formed1 tObected TO By the
counsel for ths deience. Objection ovsrruledl A.
had formed tho opinion that VI tho parties wrong
and the other was right.
Judge Daly-tertaiuy after that answer the counsel
will not insist that the Juror was competent.
Mr.. Cram-Stand aside, Mr.. Gildersleevo; am sorry
to lose you.
Peter j. shultz-Know nothing about the case (Chal.
Tho cour. here announced that the panel was OK
hausted, and only eleven jurymen had been empan
neled hc wanted 70 know what the counsel intended
10 do.
Mr.. McKeon-we are willing to withdraw our peremp.
complete the twove.
The jury man IN question tookhs seat and every body
thought the for the pan,T be opened
when Mr.. Cram announced hts determination TO
the privilege Of perenptory challenge 10 the case OF Peter
Mr.. McKoon evidently taken BY SURPRISE and said
he supposed tho uryman was acceptable to the other
side, or they would have hdilenged him before.
MIR. ram. by way OF lDformation, stated that u was
bis privilege challenge up TO the moment the case was
opened.
Judge Day-Tte counsel for the plaintiff certainly has
that right although t may not 20 always customary.
ton TO the ruling on this point
Mr.. Cram-we challenge Mr.. Roberts peremptorIy.
panel is exhausted
Mr. Cram-well, we arc ready 70 proceed With ten
jurors.
Mr.. McKeon-But are not
Mr. CRAM suppose in that case, then, that will be
necessary 10 adjourn the matter until fresh panel has
beer ordered that you obtain the additional Jury.
men.
Judge Daly-It will take throe days al least TO sum.
mon fresh panel l VIII therefore adjourn the case
until eleven O'Clock on Monday morning
Mr.. Ickeon--l think will be likely 10 suffer for
jury Monday consequence Of the Jewish feast
Would II not be better 10 adjourn until Tuesday,
Judge Daiy-No, ! do not think there will be any
doubt about your getting two urymon out Of those who
will be in attendance Monday and viii therefore ad
journ the case until that day.
The World Libel Suit.
THg MOTION FOR DISCOVERY or THE BOOKS DE-
MED.
SUPREME CorTT-CHAMBERS
Before Judge Leonard.