The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-14

MT Pierepcnt-we on neither side ash them 70 bs
sworn their posr dire
The Courtope gentleman says be is opposed 70 CAPT
tai punishment
Mr.. Gilman--I am too
Mr.. Pierrepont-We wish gentlemen 10 consider tue
subject Of pubic law The counsel both Sides with
courtesy never before saw equaed among members Of
the bar, have tried 20 get jury OF eminent ctzens
honest and abnve suspicion and against whose verdic
nobody could utter whisper We had hoped We had
done %.
Mr. shuster-rhat language is at least complimentary
10 u.s. entertain the opinion we will be discussed -
MI. Bradley-Bosh parties are willing 70 take Mr.
shuster. presume nobody would reproach him with
any verdict he might make. would leave my case in
Mr.. Pierepont-If the juror asks to be excused from
scruples il for yoar Honor TO lind out
Tho Court will ask these gentlemen whether they
nave sucn conscientious scrupes the subject OF capi
vordios Of guilty, II the law and the evidence justified
~ and they were satisfied Of guilt OF the prisoner
There arc many persons opposed 70 capital punishment
can he put
Mr. Aerick-A jury i.,ng in the case has little to do
law and evidence, and with the sentence they have
nothing 70 do as jurors II they opposed to capital
punishment they may. citizens ask to have the law
modiheo puf repeat as jurors they have nothing 10
DO with the consequences OF the verdict
the Court said IL seemed that II the Court was not
satisfied to tho scrupes OF the juror
might be sworn In order 10 ascertain whether they
would prevent him from rendering just verdict from
the law and tho evidence; on the other hand, the
which, from the law and evidence, could not be
come would not be proper discharge Of duty allow
such juror as that TO DO sworn.
Mr.. Gilman have formed and expressed an opinion
publicly and do not think any evidence would change
my views the subject.
M. Easley-It is nothing than fair that jurors
should express an opinion in view of the evidence pub
lshed the trial Of the other prisoners the
duct OF such the prisoner now here SINCE the
Assassination President lincoln I am
biased don't think would, therefore, be justified in
sitting In this case. don't feel in the condition OF
mind 70 sit Ia judgment this prisoner don't feel
like taking the life OF this protest against being
compelled 70 sit as juror in this Casa All that has
70 Or 20 vs. 70
lyon shall convict acqult this man." We are all 80
decidedly biased that cannot human Judgment
can bring IN fair verdict II brought in verdict OF
guilty might convict innocent man. and If verdict
OF not guilty, might cast on the community MUIR
The CourIn the present aspect see no other course
IMAM 70 put each man on his r0ir dire.
William b. Todd was then sworn and requested 10
answer such questions as might be put to him.
Have you formed and expressed opinion relative
the guilt or innocence of the prisoner at the BARI AM
swer-i have TO certain extent formed, but not ex-
The Court-would that opinion so formed, bias or
prejudice your Judgment in making up verdict as to
il would.
Tho Court-Have you conscientious scruples against
death, provided the evidence should warrant such
dicH ADswer.-Nono At all.
The Cerk-Pris0ner look on the juror.
Mr.. Bradley TO Mr. Carrington-Doy you challenger
Mr.. Carington--We have no objection to Mr.. Todd.
prisoner
Mr.. Bradley--No sir
Mr.: Todd was then sworn as juror.
= william d Tenney was sworn The Judge propoundcd
the Intermediates to him. whom he answered that he
had formed and expressed opinion in relation 10 the
guilt or innocence OF tho accused.
Mr.. CarrinQlOn-Stak0 vhera al OninOnY
Mr.. Tcuney-In conversation with my family.
Mr.. Carrngton-On what evidence was this opinion
Mr.. Tenney-Common report and the facts, such as
Surratt's escape after the assassination.
ns e n me opinion you nave formed and
rendering a fair and impartial verdict?
Mr.. Tenney-I think could give honest verdict as
scruplee Is to the death penalty.
Tho Court think In the OF Burr's trial. the
juror Is exceptioasbe Judge Marshall lays down
law, that the expression OF opinion sufficient to
excuse juror
The Court-K you turn 70 Bars trial you will hnd
that Am right Let the gentleman stand aside for the
NJ Pie.rspons thought that Judge Marshall did not 60
Mr. J. r Elrans, ON being questioned, said he had
both formed and expressed opinion, and in public
manner 70 lead him to fear the impression or the
community would be that he incapable OF rendering
fair verdict Personally however, be believed be
could render verdict In accordance with the law and
eviden6c He had NO conscientious scrupes about the
death penalty.
MI Thomas Blagden. in reply 70 the Judge said he
had 80 formed and expressed opinion that feared
i might prejudice his Judgment He had no consclen-
Iious scruples a. to the death penalty.
The Court-Stand aside.
Mr.. Riley A. Shinn made answer similar 10 Mr.. Blae-
den.
Mr.. Carrinston-0n what evidence have you formed
md expressed an opinion Mr.. Shnn-The testimony
the case Of the conspaors and the facts connected
with the capture OF this young man.
The Court Stand aside
Mr.. Richard NJ Hall said he had formed and expressed
opinion There were some facts which strongly pro-
Indeed his mind He had no conscientious scrupies
about the death penalty
Mr. Han was requested to stand aside
Mr.. Thomas j. s. Perry said he had formed and ex.
pressed opinion but did not think II would influence
bis Judgment in this case but had such conscientious
from rendering . just verdict
The Court-Stand aside
Nr. Reuben B. Clark had formed and expressed an
opinion, and thought 1t would influence his judgment in
his case He had no conscientious scrupes a. TO the
death penalty.
Mr. Darlington said the counsel for the United st.,ss
Intended 70 discuss this question Tomorrow
Mr.. Clark remarked that he formed his opinion from
attendance OF three days at the which tried the
assassination consprators, and he had the entire
evidence.
Mr.. John Van Riswick said he NOT aware that he
had formed and expressed an opinion He had AN I'M
decided opinion rs 70 the guilt innocence OF the
prisoner.
M Corrington-Have You an opniop ms IN ,he ru,,,
DR. innocence as TO the other conspirators
Mcssrs Bradley and Msrrick At the same instant OBJ
ectcd 70 this question:
MI. Pisrrepont thought the inquiry proper, - the
prisoner was indicted conspIrng with olhors 70 mur
Ter Abraham Lincoln.
Mr.. Aerrck said Il was exceedingly dinicuu 10 get a
ury TO pass upon the guilt OF this prisoner
Who stands charged with the murder OF President Lin
'on but II jurors asked whether they had formed
In opinion - 70 the guilt innocence or other parties
named n the indictment co-consprators jury could
lot DO obtained Ia the district she United States
ae presumed there was no intelligent who had not
ormed and expressed the OPINION that Booth shot Lin
ola, and he presumed that but few had not ex.
'resssd an opinion that the mother OF Surras
ufirred death without competent testimony 70
'onvcs her~ Such questions would entirely de-
eat the Esttng and empauelling . jury.
me question for the jury 70 try 10 this was whether
surratt guilty u the murder OF President lincoln
lhe Indictment charged tho murder committed AZ
he result Of conspiracy by various parties ID charged
hc prisoner u the bar Of the conspstors and
'ommittsd the murder. The gentlemen summoned US
urors may entertain the opinion Shat four or ave other
'ares wore conspra,orA and may not have formed
opinion a. 70 whether the prisoaev the was one
u the SIX OF the conspraora The inquiry Of The Tinted
states Attorney was not pertinent