The New York herald., 1869-01-14
UNITED STATES DISTINCT Court.


before Judge BIatchf0rd.
The United States cs. Alnah Biaisdsa, j. y. Eckeu
aud John NcLdsen.-This long pending case was at
last called ON yesterday morning with q prospect
there would be- no further obstruction interposed
TO ts immediate trial. II came up Unexpectedly,
however, at the close OF q bankrups case that had
occupied the court for nearly two days, but there
were nevertheless some two or three or the array
Of counsel engaged on behalf OF the defendants who
promptly entered the courtroom and took part IN
Tie defendants are charged with 4 criminal
offence IN removing whiskey from distfllery 70
fraud the United States. great deal OF interest
surrounds this case inasmuch q Il ARISES from the
sy ana e ax oce 81 ne dso suUersss
the then, as alleged numerous violations on large
scale OF the Revenue law, under the operation Of
ring. The distillery Of the defendants was nrst
seized, and was subsequently condemned and
@ s founded on the Allegation that the deisndsnts @ re-
moved from their dstillery previous to lte seizure
BY the government quantities Of whiskey 70 place
other than bonded warehouse, In violation OF the
Revenue law. THIS latter charge constitutes crimi-
il was soon known shat the Blaisdell case was
called before Judge Blatchford, and the court room
WaS quickly hiied BY Interested and anxious spec
tatorsI ~. ssssss 4 ~ -1r
ensd s Sy Msss Bess saa
Courtney, United ststee District Attorney. ana
Assistant DlStrlcL Attorney Phelps appeared IOr tne
government, Collector Bailey attending on the part
OF the Internal Revenue Department sssr-s ..s,
Mr.. Courtney moved that jury be impannelled to
try the case OF the United States w. Blaisdeli and
Others .w
The Court directed the clerk to calTthe panel
A. jury OF twelve men was called who took their
posed by counsel on either side, on the usual pre-
OF the CASE hts qualifications to try the fairly
and impartialy for the government and for the ac-
cused.
81 tI PEREMPTORY CHALLENGES. f1& Nl
Mr.. II. D. Mccarthy, associate counsel for the de-
fence, addressing the court, said that counsel had
reserved the right OF perempt0ry challenge. K.
The COurt-There II no right to peremptOry cfal.
lenge OF jurors In cases OF this KIND The point has
been raised and decided over and over again.
Mr.. McCarthy-We take your Honor, exception TO
the ruling. ssg 3 sE et9t ew t8
District Attorney-You cannot except at this time,
after the jury has been examined as to principal
cause. f.E Att
Mr. Beebe, counsel for defendents-we can claim
perempt0ry challenge and except to the ruling
against us at any time before the jury is sworn.
Il The COurt-Perempt0ry challenges can be made at
any time before the swearing OF the jury but In this
case we Overrule the motion for leave TO challenge
peremptorily as against precedent aud practice In
this class OF cases. ~
The exception Of counsel was duly entered on the
records, nss hfs ETA .s IA aI esse ii st
II was at this time deemed too late for counsel for
the government to commence the opening, and the
case by general consent was adjourned tall ii O'Clock
this morning, when IT Is expected that motion will
be made for separate trial OF the deiendants.