The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-16

OAooos1
CAFE OF disability.
Columbus Alexander answered all questions satisfac-
torily, and was accepted and sworn
Wm Ii. Baldwin had expressed an opinion ana was
BIASED. He declared incompetent
John w. Simms had not expressed an opinion but had
scruples upon the subject OF capital punishment, and
could render verdict OF guilty when
the penalty would be death. He was declared incom-
John Gwin had expressed an opinion, but he did not
think he biased that he could render an I'M
partial verdict He had no scruples on the subject o.
capital punishment He declared competent, but
was challenged by the defence. II was subsequently
agreed that Mr. sn should be sworn, when the bain
Washington B. williams, Augustus B. stoughton,
Peter Hepburn and w. J. Redstrake declared in
competent, they having expressed an opinion and de-
cared themselves biased that they could not safely
VIM McIain had formed an opinion, but not such a
one as would bias bis Judgment He was accepted and
James Mcguire had formed an opinion but II was not
such an one as would bias judgment DE was opposed
Mr. Mcguire said he would like to be excused. He
stated that the prosecution did not want Catholics
the Jury.
Judge wyo said that did not ncapactate MIN or have
any effect upon his right TO serve He thought Mr..
Mcguire competent He was challenged by the posecu-
ton.
John Wilson had formed an opinion and il had made
clared incompetent
WIN H. Barbour had expressed an opinion, but was
not biased. He was, however, opposed to capital
punishment aud had heretofore been rejected as juror
Of his scrupes upon that subject He was dc.
Geo L. Sheriff had formed an opinion and il was Of
such nature that il would require the most explicit
evidence one side 10 overcome his convctlons he
declared incompetent
Samuel Bacon excused on account Of illness.
John Alexander, VIM. Bryan Lot Flannery and Pat
rick White, had formed opinions which would make i
difficult for them render impartial verdict and
were declared incompetent.
VIM. J. Murtagh answered all the questions satsfac.
s sGE but was excused on account Of 0'ins p'0'
Charles Fl. Armss answered all questions sasfacto-
ry, but challenged by the prisoner.
James NJ. Lala was excused on account Of sickness
James Small and Jonathan Kirkwood answered all
questions satisfactorily, but were challenged by the
Amos Hunt had formed an opinion and know nothing
OF the prisoner; ha not opposed to capital punish
ment Challenged by the defence.
Jacob Ramsburg had formed an opinion but could be
converted by the evidence; he had no scruples upon
the subject OF capital punishment He was challenged
by the defence.
George Cendennin had formed opinion unfavorable
to the prisoner the evidence adduced at the trial
or the ASSASSINATION oonspraors ana ne was maSn
and could not we'll leave bis duties there. He was OK
cused.
Benjamin f. Morsell had formed an opinion, but was
not biased. He had scrupes upon the subject Of
capital punishment and was declared competent and
accepted aud sworn
Johu w. Ray had formed an opinion and was much
biased He declared incompetent
John Marbury, Jr., had formed an opinion, but was
Ephriam Wheeler had formed an opinion, but he could
be convinced by the evidence He bad scrupes upon
the subject Of capital n e ne was declared
e. NJ. Sionssa had formed an opinion and was much
biased. He declared incompetent
Benjaman Sunny had formed an opinion and was
under strong bias and 1t would require much evidence
TO remove his present convictions He was declared 10.
competent.
Adam Gaddis had formed an opinion but could decide
the case he thought, according the law and the EVIL
dsnce In answer TO q question BY Mr. Bradley no said
tt.a Nouvv V0r In Snpro
ve and he had heard frequent conversations relative
10 this case.
Gadds was CHALLENGED by the prisoner
Thomas larke had formed an opinion and feared he
biased that II would be difficult for him TO render
impartial verdict He was declared incompetent.
William Lord had formed opinion but was not
biased He had scrupes upon the subject Of capital
punishment He was declared competent and challenged
by the prisoner.
Horatlo Browning was excused on physicians GER
tifcafc Of disability
torily and declared competent He asked to be
cused on the ground that he was summoned for the
Judge Wylie said his beng placed on this jury would
be good excuse for not appearing upon the Grand Jury
He was accepted and sworn.
Wm M. Calf had formed opinion, but was not
biased Challenged by the defence
N G. Mcknew answered all questions satisfactorily,
but challenged by the defence.
Iemuel Towers was excused ON the ground Of physi-
cal disability. as was also George Langley.
Agusto Schneider was excused on account OF being In
public employment
r ". Combs excused account OF being en-.
gagged on corporation work.
Joseph q. Waters had formed an opinion and had
strong bias He was declared incompetent
VIM. W. Birtte then called, and having answered
all the questions satisfactorily he accepted and
sworn, this completing tho panel. The jury is
posed as follows B. Todd J. r. Barr Robert
James Y Davis, Columbus Alexander, VIM. Mclean,
b. =. Mcrsei, Bed r. Gliding and VIM. W. Birtte
Mr. Darlington suggested that the twelfth juror, Mr.
Be Do not now sworn in order that the jurors may
home III Monday morning.
Mr.. Bradley said that would be very we'll II tho do
fence understood from their brothers on the
other the panel would be up until all
the Jurors Therefore all the weeks work
would be lost unless all were sworn A recess could
however, be agreed upon till this evening" wheu unless
all sworn, the panel will not DO completed.
Mr. Perrepon said this question was put before judge
Fisher the day before he lett the bench and the coneu-
sion announced from his seat He Perrepont supposed
counsel both sides had agreed that II the Jury
before ten O'Clock Monday morning tho law
would be complied with. THIS could he done Monday
without keeping the jury confined In the meantime
Mr.. Merrck remarked that his learned brother in
10 the conclusions II was suggested that the
time limited for tho obtaining OF jury Satur lay
night and no had said that at the common law
never ended tn the first day OF the succeed
ing term. But there great doubt TO what might
be done by the court the first day Of new term
TO tho old He understood that the case could not
be continued TO tho new term unless . jury be
panelled to-day II was expedient that tho jarors all
be sworn to-day.
Mr. said his objec. was the Jury should no,
be kept in confinement tli Monday morning.
The Court said that at common Law day could not be
divided.
Mr. Pisrrepont-Coald We not adjourn till Sunday
nightf
Tue Court-we could not, as Sunday is dies mom
Mr.. Perrepont said they wanted arrange for tho
jurors TO have their freedom till Sunday.
Mr.. Bradley had doubts a. to whether the jury could
separate
The Court replied that counsel could not bind them
selves to waive that proposition.
Mr.. Bradley asked whether they could not get all the
jury empanelled by nine or ten O'Clock tonight
hr. Pcrrepont supposed that would work against the
prisoner
Mr.. Bradley did not know what the decision OF the
next judge would be- The jury ready TO be en-
panelIed and counsel for the prisoner had . right
demand the trial.
Mr. Pierrepont remarked all they desired sub
ect the jury little Inconvenience possible during
this hot weather.
Mr. Merrck replied that counsel for she defence had
objection to thai they could hsw the object
TO be accomplished.
The Court read the language OF the law-.That when
time Of the circuit Court jury empanelled to
Try any and upon which verdict founded the
cause shall continue II new term bad commenced.
All judgments shall have legal effect, and no on
Mr. Perrepont said 80 far as he understood tho panel
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