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

Judge wyle said he had desire to hear u beoaose
all parties must FIRST and for the Court 70
decide what had been agreed upon.
Mr. Merrck said the defence desired TO have the last
juror sworn, and then allow the jurors 70 separate h
Monday morning.
Judge wye said he did not wish to hear the couseHss
OF agreement unless Il had been consented 70 ON all
sides
Mr.. Bradley asked il the counsel should agree that
the should be discharged whether such agreement
would meet the approval Of the Court
Judge Wyle said he clearly OF The opinion that
under The act Of Congress The jury must be empaneed
and sworn The act the word ''panelled" but the
panel Is not completed until the jury sworn Inc
word s.paneed' was techn ical word, out it had evil
IDENTITY been used by the awmaker in its popular sense
and Il Isl therefore, necessary that all the jurors snail
be sworn.
Mr. Birth, the twelfth juror selected then sworn.
Mr. Bradley said that with the PERMISSION OF tne
Court no would submit motion that the Indictment
should not be read the jury fully charged IN ne case
until Monday morning. and that some stipulaIion Do
agreed upon whereby the jury should be discharged.
Inc counsel for the prosecution wrote out stipulation
TO the elect that the jury might be DISCHARGED Until
Monday morning, with the consent Of the Court ana
without prejudice 70 either party.
Mr. Bradley said they could not consent to that me
defence offered stIpua that the same jury should
either party, order that some of the questions that
mad heretofore engaged the attention OF the Court might
again arise The defence made the offer and II was LOT
the prosecution to accept or reject
Mr. Perepont said the defence should accept the pro-
position Of the prosecution, or the whole question was a.
end
Mr. Merrick said the prosecution had mod fed the
stipulation submitted by the defence as 10 make much
difference. Under the stipulation offered BY the prose-
cution the whole subject may DO brought up ana the
Court may be asked 10 act anew.
Mr. Perrepont said the stipulation OF the prosecn.
separate without prejudice to either party.
Mr. Bradley said the defence stipulated IN sucn way
to prevent question from being rcopened, whne
tho stipulation Of the prosecution leaves the whoe SUD-
Judge wyic said it appeared the counsel could not
agree and would therefore put the jury IN charge OF
the bailin
Mr. Pierrcpont said the stipulation offered by the
defence covered great deal. The prosecution. was
wiling to sIpuate that tho jury should separate but
they could not agree 10 waive their exception to the
mode Of empanellng the jury. They we're Wiling 70
take this jury, however
wiling to take this jury but proposed to rase the qn,s
ton Of the legality Of tho panel Il was tins that the
defence wanted prevent as they desired not to open
the question q the legality OF the panel on Monday.
Judge Ws.e said he understood that Tho prosecution
not willing to waive the exception they had taken
Mr.. Pierrepont Said he would state candidy that the
prosecution sired this jury as they believed them 70
be good and fair men, and that all they had wanted.
If Monday should appear to the Court that the jury
ally empanclled, Judge Cartier who would be
here the term could discharge the jury, aud imme
diately subpoena them They would agree 70 any rea-
sonable stipulation, but they wanted all things done
fairly, as The trial promised to DO long and tedious
Mr. Merrck argued that to make the trial legal the
jury should be empanelled tonight. On Monday Judge
Cartier would open tho June term OF the Criminal Court
at this time
Mr. Bradley said the whole action OF the prosecution
seemed TO look as though appeal was TO be taken
from Thea DECISION OF Judge Fisher and Judge Wyhe TO
Chief Justice CARTIER and II was 10 prevent all objection
Monday that the defence desired 70 have an explicit
stipulation consented to- If tho prosecution desired to
have the jury separate they could agree to thai stpu
tion
Mr. Darlington said it seemed to him that the stpu-
laton OF the United States perfectly fair namely,
jury separate until Monday without prejudice TO
the rights of either party.
Mr. Bradlev-What objection have you TO our Bpu-
laton? We have not heard II yet.
Assistant District Attorney Wilson-We have an OK
cep0n file 10 tho empanelling OF the jury. Tue
other side asked deprive ourselves Of that adyan
Mr. Bradloy-we will accept that, and will modify
proposition In that way but not deprive ourselves VI
the right OF trial by jury.
Mr. Merrck was willing to say that tho terms OF the
stipulation were not to apply TO any exception taken BY
the United States appeal TO the cour. 10 General
Term.
Mr.. Pierrepont you ar, willing to let the Jury
separate, and he stands as 1t does now until Mon
day, this stipulation covers It.
Mr. BradIey-Uounsel on the other side have stated
their object 10 be to save this exception II there 10
MIR. Pierrepont-We only wish to give the jury the
benefit Of separation We do not wish either party to
Mr. Merrck-The gentleman states the Question about
the empaneng OF the jury, which Judge Cartier may
entertain on Monday but there was no exception Judge
the court In general term
Mr.. PierreDont-I have NO doub, about that.
como before Judge Cartier.
Mr. Pierepont-I SAID whoever might preside; and to
avoid any question about the mode Of empanelng tho
jury ready to stipuate that this jury snail
continue to be the jury; but We did not want to have
the question entirely out Of the way.
Mr.. Bradey-It Is imposs BILE 10 come to an accommo-
daton with such diverse views We want the jury TO 60
home, without reservations questions the
panellng
The Court-Why not, gentlemen
Mr.. Bradley-We shall ask your Honor to have the in
dictment read.
The indictment on which the prisoner was arraigned
was accordingly read to the Jury
The Clerk, after reading sadAud to this indictment
the prisoner pleads not guilty. and puts himself upon
his country for trial.
Mr.. Merrck-we now propose that the Jiry be al
lowed to separate till Monday morning The prisoner
through his counsel asks this privilege for the jury.
Mossrs Pierrepont and Carrngton-We don't object
We offered the stipulation.
MIR. Bradey-Nothing like it.
The Court-By consent Of the counsel on both sides
the Jury will be permitted 10 separate The Clerk will
enter this upon tho record.
To the jury-Be here, gentlemen, Monday morn
ing, at ten O'Clock / do know that l shall,
then have the pleasure Of seeing you. The jury are
admonshed 20 avoid conversation with anybody
the subject Of this II you thus appro
you should regard a personal indignty. I am In
clned to think that under The Of Congress tits
Is extended shall not, therefore, order the Court adj
journed in the course, but adjourned until Monday
ing at ton O'Clock.