The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-02-14

Trial OF Bernard Frfery, Charged With
the Murder or Harry Lazarus-ChaI-
Iengs 10 the Panel Overruled - One
Juror Swern, &c., Sc.
COURT or GENERAL SESSIONS.
Before Recorder Hoffman
The Of Bernard Eriery indicted for the murder Of
Harry Lazarus In Houston street. which occurred Il the
beginning Of the year. and which was called on ct the
last term Of the court, was commenced yesterday II
will be remembered that eleven Jurors were selected and
sworn, whom the panel was exhausted and now one
ordered Of hundred jurors Of which 70 select the
other juror. This panel summoned and appeared
In court when error discovered in tho return
which Immediately detected by the counsel for the
prisoner and on notion the Jurors sworn and .hoss
Monday in February.
toney moved to have panel Of thousand jurors
moncd, from which It was expected that an impartial
there WAS very large attendance Of Jurors and 80
crowded was the court that the adjoining apart
ment was called into reausltion
District Attorney Hall and his assistant Mr. Cunning
s: Bedford, Jr, appeared for the prosecution, while
Frisry the prisoner Is represented by Mr. John sedg-
Az soon as Mr. Hall announced that he was ready TO
proceed with the trial Mr.. scdgwi presented chal-
,snge 70 me array o. Jurors the principal OBJ elton being
thnt al the time the panel drawn the Sheriff not
indifferent between the people and the prisoner.
Afer lengthy and able argumen, by counsel on both
enge the Recorder sustained the the demurrer remark
Ing that that portion of the challenge rela ng the par
TALLY OF the Sheriff disposed by the statute and
that did not appear that the Irregularities complained
OF occurred by Of any fraud collision pre-
JUDGE the prisoner Shortly before o'clock the
panelling OF the jury was commenced, when Messrs
Fletcher Harper and Amos N Titus sworn TO act
triers
The following stipulation was entered into by the
COUNSEL
II ID hereby agreed and stipulated that upon tho
Ing OF every juror TO the book he shall be taken TO be
challenged by the prisoner for primo pal causeF that
he has formed and expressed opinion that the prisoner
IL either guilty or innocent second that the person s
not assessed for personal property belonging TO him in
dollars and has not freehold estate in real property be-
longing TO him In his own right, or In the right
OF hts wife, TO the value Of hundred and lly dollars
And for favor that the said Juror Is biased prcudced
cause that the said Juror person OF religious demo-
minat on whose opinions preclude him from finding
verdict Of guilty In capital for the favor that he
IS Dassed against the people because unwilling TO convict
In capital case related To connected with
qalnted with the prisoner without the necessity Of each
challenge being repeated and that all the evidence taken
sidered relating TO each OF said challenges and that
the second ground OF challenge for want Of assessment
&C., be considered as always demurred to- and all the
other challenges be considered always Denied and that
CHALLENGES for be r cd by the Court and challenges
70 favor by trcrs and that exception be considered
taken by the prisoner 10 each and every overriding Of his
challenge by the Court and 10 each and every charge Of
the Court 70 trers.
Mr. James R. Davis, broker Nineteenth ward, was ac
cepted and sworn large number OF jurors were de-
clarcd incompetent they having form aud expressed
an opinion upon the guilt OF the used
from the &C cunt Of the transaction In the newspapers
One gent very tersely replied To question put by
Mr. sedgwck that he knew nothing about the
than that ''a thes, fellows should be swung up" He
was not accepted. y
Al half-past O'Clock the court adjourned tn this
tTuesday) morning ~ ten o'clock.