The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-10-31

Colonel johnson said he knew that tht
Court was disposed to act fairly TOWARD
the prisoner, and hoped, therefore, thai
there would be no shaving of nice point:
about the matter.
Colonel Young, for the Commonwealth
concurrcd with the counsel for the &C
cused in the desire for an impartial jury
but insisted that if strict rule was fol
lowed in this case it might be almost i'm
possible to get Jury.
After rigid examination by the Court
and counsel, during which Mr.. Smith
stated that he had no prejudice against the
prisoner, and that he could be induced by
evidence to discard the opinion formed
the Court decided that he was a proper
Juror. To this ruling the counsel for the
accused filed a bill of exceptions.
Judge Crump desired to offer as supple.
mentary to the bill Of exception the state
ment Of the reporter of the Dispatch as tc
the degree Of fullness and accuracy Of the
report of the evidence upon which Mr.
Smith formed his opinion but as the juror
had already been accepted, the Court de.
cided that such proof could not then be
received.
To this ruling Of the Court bill Of eI.
ceptions would have been filed by the &C.
cused, but the testimony of the reporter
was afterward admitted.
NJ. p. Handy being sworn, testified that
he was reporting for the Daily Dispatch at
the time Of the examination of Phillips
before Justice Nettles, and subsequently
before the County Court. His instruc-
tons from the propretors were to make a
full report, and he endeavored to do so
The evidence at the first examination wa:
reported much more fully than that at the
second indeed, almost uerJatim. He did
not report in shorthand. Both report:
were considered full, but the second did
not 60 SO much in detail.
Judge Crump asked that this testimony
be incorporated into the bill Of exceptions
This was acceded to by the court, and the
venireman retained.
John d. Shepherd was the next vcnire.
man sworn. He had not formed any opinion
about the guilt or innocence Of the ac.
cused, but had conscientious scruples
about capital punishment. He was di
rected to stand aside.
JOtIH IL. llOlllluu lldu llCdl llC CIV NluCHSS
and formed an opinion which he thought
would influence him in verdict.
Mr.. William Christian had heard the
evidence for an hour, and had read a report
Of the evidence given in one day, but had
neither formed nor expressed an opinion
concerning the guilt or innocence of the
accused. He was sure that he could give
him fair trial. Mr.. Christian was accepted
and took his seat.
Mr.. Joseph L. Sinton, having formed and
expressed an opinion concerning the case,
was not accepted.
Mr.. Joseph G.. Redwood bad read por-
tion of the evidence, and had formed an
opinion about it, but was sure that he could
give the prisoner fair and impartial trial.
He would not 20 on the jury with fixed
opinion, as he believed that he could not
have such opinion until he had heard al
the evidence. His opinion was not fixed,
for he never implicitly believed news
paper reports. Thought he could take bis
seat as a juror entirely unbiased.
Mr.. Redwood, after a long examination,
was accepted without challenge.
Mr.. f. ". Martin was next called, and
sworn. He had read the reports of the
evidence as published in the Dispatch, and
had fixed and decided opinion about the
case. He was directed to stand aside.
Mr.. William Ready was next sworn, and
accepted without challenge.
n. L. Bowe had formed and expressed q
decided opinion from reports Of the trial
published in the Dispatch. If he was re-
tn oiv n ynr1irt II would ha
Il very decided one.
Thomas A. Dickens also had fixed OPT
Mon, formed from reading reports.
Mcssrs. Bowe and Dickens were directed
to stand aside.
Charles T. Pcmbcrton and John Wick
ham were rejected On the same ground
Thomas II. Grafton had formed decided
opinion from reading the Dispatch reports
Of the evidence. Henry Cox had formed
an opinion which could not easily be
changed. Both these gentlemen were di-
rectcd TO stand aside.
James M. Garter had heard little of the
evidence had not conversed with any OF
the witnesses had formed no opinion
about the matter and was sure he could
give him fair trial. He was accepted.
James j. Powell had read the Dispatch
reports, and had decided opinion, which
could not easily be removed. S.P. Aiken
was not freeholder. Both were re-
jected. The venire was then declared ex-
hauslcd, the following gentlemen having
failed to answer to their names John n.
Powell, Massena Beazley, George W. Gate.
wood, William Shepperson, Garland Hanes,
Jr., and Charles Cottrell.
At the suggestion of Colonel Young the
sheriff was directed to summon fifty addl-
tional Jurors by this morning at 10 O'Clock
The court was then adjourned to the
hour named.
DEATH OF A ROMAN CATHOLIC MINISTER
Father O. A. Sears died in Lynchburg
on Tuesday night last at II o'clock
He had been sick for some time o.
rheumatism of the heart. Father Scar:
was born in Alexandria, Virginia, was re-
ceived into the Catholic Church and or
daincd by Bishop Magill, and was at the
time of his death in charge of the Catho
lie churches at Martinsburg and Berkeley
Springs. He was about thirty-fve year:
old.
DISCHARGED. ED.-Yesterday the negro
woman, Frances Giles, who on the 7th o
August last threw her newly born babe
out of the attic window OF house or
Franklin street, and thereby killed it, wa
arraigned for trial before Judge Burnham
There being some error in the indictment
the Jury brought in verdict Of acquittal
and she was discharged.
THE ATTEMPTED RAPE N HOLLYWOOD
CEMETEnY.-Yes esterday Judge Burnhan
enarhnl Tho ind AGAINST IOlI