The sun. [volume] (New York [N.Y.]) 1833-1916, 1865-01-26
al. IN. sre..s, portion a. Yesterday va. ecu.

cult The Erestor portion o. yesterday was occu-
ped IN examining the new panel Of jurors which
ordered In the case Tee occurrence having
taken place SO recently, all the details ,rcsh In
TIE minis Of intelligent m,n who road the news
papers and In nineteen cssea out Of twenty those
called Ar. act aside By the Court on tho ground
that they have formed an opinion az 70 the guilt or
innocence n TIE ACCUSED. were the snswer Is
straight forward, ~ have formed An opinion ~ N
the guilt or innocence ~ ~ rsoner," then tNero
is no difficulty a, all the man Is nj ouce set aside
a. incompetent Rut when the paitv hesitates, or
says he has formed opinion, but such an opinion
as could 70 set aside hy evidence 'then comes
the tug 81 war" aud each nIe advances srgr-
mcn's ~ the triers the IN order toif ave the
chsllenge art srde, and the other 10 have II sus-
tsned, and ~ length, when the juror IL admitted.
each party has The nsht 10 challenge him pcrcmp-
tor1ly but this rght Ia seldom exercised by tho
prosecution twho have oulv two such challongcs),
and the defence wish 4 avoid u rs much A. pots-
bic, ~ a. not W exhaust thCr number, which -
twenty when, however, 10th sides are agreed
Tor prime pal csuse having formed or expressed An
opiniorJ then comes tie challengr whethor The
juror IA prejudiccd In favor sgainst the prisoner,
or whether he has any conscientious scrutlea with
regard 10 hndine q verdict Of guilty where tho
pun ment Ia death. II the latter hiss Is decisive
then the District Attorney objects and he IL sencr-
ally aside. but not " thJut strenuous Attempts
from The defence 10 koep him Oh. one case Of this
kind will Illustrate tho Whole. Yesterday gentle
mar Who wss.nsked " II he had any conscientious
scruples against the death penalty" rerlcd he
would rather not set on such Jury. To THIS cN-
Recorder Smith counsel for the prisoner Wis iuz II
course under the cirrumHanceH N retain TIC man
as Juror remarked that every Juror who went into
tho box, nay almost every iniividlA IN the com
munity had similar feeling, AID wOuli rather not
have hand in consigning a fellow being 20 the
gAllouA yet II his duty N serve.
The was however unlimited TO tn tiers
tie District Attorney rcrnarking that he would ra-
ther leave The responsibility with them than exer-
cise his rpht of peremptorv challenge, which he
never did. he said, except for very grave rcafons
The trors consulted, and refused 70 acccpt the zen
teman as Juror With regard 10 prejudice asaihst
the prisoner, one extraortluary caAe may be "orth
mentioning. German who spoke gokcn Eng
lish Was called, and on tho usual question Icing
put, "Have Won formed An op.ulun as ~ the guilI
or innocence ~ the party charged with the murder
Of Jazsrusi" replied, 81 am afraid for the pris-
onor." Thus remark was not understood tor some
moments bu, was At length 81 far interpreted AZ TO
be conndrred W mean, 81 do not like the appear
Ance 81 the prisoner" This VA, considered .
REASONABLE cause Tor setting HIM sside and lie was
rejected accordingly.
Yesterday the iirors were obtained more RAPIDLY
than on MONDAY, seven having teen sworn toicvcn
IN all! at ue hour NJ O'Clock. During the ca'l"g
Of the panel ore or two INC. Tents occurred which
caused some mirth. Tho r'c-k called the name q
BENJAMIN =. Butler. tlaug7ter)
D.stric, Attorney Hall tsono roc ~ shall GER
| ainly challenge him"
Mr.. seigwick-"whv you DOM think he hAs
\ any cons eutious scruples asaus. hanging, do
| yout Butler was, no ever, absent.
Another incident was that Of a German who
never heard ~ the case I'LL yesterday morning,
| and remarked that be did not uudorstand Eng.
| lsh, but had ant on = jury for eisht years Ibis
also cAusei considerable merriment. A. hal-past
four the panel was agan exhausted and number
| of absences w,re called and fined S25 each. TIE
| numtor who answered WAS one hundred and
| twenty -one those who were fnol were lI9 the
Court then remarked to tho eleven jurors shat the
| panel was exhausted and new one ordered
Counsel on both siGea, he sAd had consented thai
| they should pArs'e. He trustel they would moi
| converse concerning tie matter W ia any person,
or even between themselves, and II any one should
attempt n converse with them on the subject he
| request.d them to inform tho Court Thereof, IN or.
der IL a. nun Isl ment might he Administered 10 .hr
| offender At tie request Of eN-Rec rider Smith
the Court also requested the Jury N refrain from
reading tho reports ni the case N the paper. Al,
Journod I'll tomorrow friday morning at II
| o'clock
PoLioE lSrTt'IGENcE. tempt 10 Pass Conn
terJsG honeg-Oahcer Tully, Of the 81 Precinct
yesterday arrested Henry Smith, csar.c d with Offer
ugA counterfeit IS bn At the office ri the Erie Rail
way Company. The iii was refused, when II,
prisoner of red - note purport.nr 20 b. % zen
u ne issue Of the National Bank OF Plterson, y. y.
but which proved 10 have tccu altered rom one &,
n i've On searching Smith. so In good money
and fl2 IN counter ct or wor bless notes wrri
found N his possesSion. Tho accused was t.scr
letore Justice Hogan who comm.ttcl h.ta ;Jr uia.
GRAM Larceny -ONicc- Cnv1nah, Yesterday ar
rested lseph Lows and William M1rsu, 81 rec,
with sIeAInC seventy ave dollars Aorfa # silver
ware from the pantry Of John II FUgtlon, y
Q WoS, iig; strecL on Tues lay evening. The pro
perry was recovered.
|