The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-14
TRIAL OBJ JOHN 4. SURRI11Q.
4 new PANE. OF JURORS OBTAINED.
fne D<fence Challenges the Array on
the Ground Of Illegally.
EMPANELLING TIE JURY.

Tho prisoner was brought into court Q few minutes
past ten o'clock.
The Judge ordered the alesmen ordered yesterday
be called As follows
| William B. Todd George Aa,angiy.
The latter gentleman letter TO the Court in
which he states that, while willing 70 serve his
| try, he is exempt two grounds namely THAT he
engaged in carrying tho United States maiis and is
over sixty.hve years Of age. He excused
William H. Tenney, William p Dole Andrew J. Joico
Tho latter gentleman sent note 70 tho Judge Dr.
Thomas Miller, saying thas Mr.. Jooes child is danger
ously Ill and his presence ia necessary At home
The Court-What do you say, gentlenenf
Mr.. Bradcy--The excuse ID IN the discretion OF the
court
Mr.. Carrngton-wo shall nterposs objection.
The Judge after examining tho Law. said he had tho
discretion and that his child sick he under the
circumstances would not like to DO compelled
Mr. Joics was excused
Frank Taylor asked 10 be excused on the ground OF
business interests requiring his aepton elsewhere and
which would materially suffer should he DO compelled
Counsel on both sides left the subec. to tho discre
ton Of the Court.
Judge Fisher excused Mr.. Taylor
D. p Holloway formerly Commissioner Of Patents
he said he was not competent to juror not
in Indiana Il was true he had been transacting bust
here for the six years. but intended
10
The Court excused him.
Thomas Bagden. Riley A. shinn, Richard N. Hall
Tne latter gentleman said his business would suffer
were ne compelled to juror and tho interests
OF many others suffer There was In his Office
who could transact business in his absence.
The Court replied that on such excuses nine out Of
ten would be relieved from service.
Thomas J. s Perry, Franklin Philip.
Tho latter gentleman sent letter saying he was
obliged 70 leave the city business.
Mr. Darlington thought this not sufficient, and
asked that process DO issued to compel his attendance
Mr. George H. Plaintiffs gentleman sent q note
saying he was unweiL and for this reason asked to be
Mr. Corrinson said Mr. Plant should appear in person
II he could.
The Judge remarked that there should be certificate
Reuben B. Clark, John Van Resvick, p Brown.
The latter gentleman exhibited certificate from
physician stating his health would be impaired by con-
1nement as juror He was excused
T. d. Gilman Joseph A. Brown, T. c. Robbins, Cor
nelius Wsndall, Valentine Harbough.
me latter gentleman was excused on certificate from
physician. stating that he vas under medical treat
Joseph Gerhardt.-rhs gentleman asked 70 be OK
could hear we'll, beng little deaf in one ear He
maintained conversation with the Judge and several
Of the counsel Notwithstanding his partial deafness
The Judge said they would manage that the gentle
Hors,io N Easiey, Thomas Berry. william W. Moore
The latter asked 70 BE- excused on the ground
that he unwell, and, besides the public interests
would suffer AZ he was connected in official capacity
William r. Dole formerly Commissioner Of Indian
that he is not : citizen, &c Al the instance OF M.
Cang.on the Court ordered attachment issued
for Mr.. Dole.
J. H. Crane.
Mr. Evans asked TO be excused on the ground OF pre-
NOT deemed snicions By the tour e'"' -'S''' "'f'
Mr.. Bradley sad that six gentlemen had been excused
and therefore II was necessary TO summon others to
The Judge said no had been informed BY the Marshal
that y would probably be one O'Clock before he could
Mr. herrick thought II would be better instead Of
bringing In six or seven tassmen to bring twenty;
examined on their roir dire
Nj. Piersponi replied that counsel consented to that
The Judge thought Il would now be better to 20 on
and examine gentlemen their roir dire in order to
Mr. Bradley suggested that this could not be done
until the twenty.ss taiesmcn summoned, because
the Judge that M sadsy right
Tho Court took recess from half-past eleven TO one
O'Clock
svrswsoox sxssios
The court resumed business at one o'clock.
The Judge excused William W. Moore on the certiG-
The Clerk called the names OF the additional taesmen
as tolows:-Robert Ball, Henry NJ Knight John +.
Fowler The two last named did no, respond 70 their
names. and measures were taken % compel their al
The Marshal reported that william p Dole could not
no found, and that Franklin Phillip had left Washing
ton TO take passage for Europe
The names called and twenty answered
Mr.. Perrepont asked whether the Court found any
objections 70 fifteen or more talesmen being sum-
moned.
Mr.. Bradley said what they wanted was 70 get a
sufficient number summoned from which TO selecs the
Afsr further proceedings Mr. Fowler was brought
into cours, whom the Judge said-Mr Fowler ron
attached TO appear here at one o'clock
Mr.. Fowler replied meant no disrespect intended
TO come In time.
The Judse-You pretty near The time We have
twenty-five and now want -four more 70 complete the
rhe Marshal said that attachments were on, for
hessrs Dole and Plant and the probability was they
Baifs sent out % summon additional taiesmen
son were added 20 The i,ss making mi q. twenty
The requisite number was procured In the person Of jed
Mr. Carrisson announced TO The Court they now had
the number required by Law.
Mr. Bradley said they ready to proceed with
The empaneng Of the jury, before doing which they
thought il their duly 6e their challenge the pres
array.
The Court allowed IL 10 be alcd
Mr. Brsdley-we mold that the panel not lawfully
summoned. n the court override tins pray an ap-
Tue paper was read, a. follows:-
n, spoem, ef ~. Dssrsa cr co'u.ascc- rnss
, S "a, Z. o H. ara ,ss Hrmn. cou, March
bs II obedience 70 the orders Of the court
ss {. s. S INN o. and om s' day ass
,-rn, Juror, .e ss, . IS panel from which 70 form
said iwen,y.m jsrcrs 80 returned being called
f sf 2, .ss e sSa 4: a.. ses join
sufrat by hts attorneys doth ehaenge array 81 the
said panel saith doth plainly sppef bv The
pryresdnes Of the ia this cause TIA, no
jurors have summoned according 10 iaw TO serve
during the present srm OF this that panel
os snd duly sod s., ,,m nj
been placed In the box provided the fourth
Of the Of Congress entitled providing for
he selce.on Of Jurors 70 serve IN the several 81 the
February i667 for ensuing year Therefore
herr prays Judgment and that the panel now returned By
" = SERRicS, s STAT niss Z S Ssashss
Attorneys for surrstt
should strike from the taesmcn en and the United
States four. Thus leaving twelve a. the Jury Those
selected wore William b. Todd John Evans Thomas
BoTden, r. ~ Hall. Thomas J. T. Perry, william NJ |
sthustsr D Gilman Horasc n. Easily, Thomas Berry,
Thsss gentlemen requested 70 stand up and be
sworn.
Mr. Blcsdsn said he could not serve ss Juror having
expressed opinion
Mr. Pereponi hoped his Honor would ascertain
whsther tbs gentleman had formed such an opinion Is
L. - L.. = ii