The New York herald., 1870-01-27

only few days stDce, juss upon the eve OF s0e ne
trial. One OF the local papers yesterday exposed
and made certain comments about me matter which
counsel for the prisoner thought were preJudica 70
him.
! So yesterday morning the attention OF the Court
was called 70 the article In question: which Mr. Ber-
gen. Of counsel for defence cnaracterzsd as scan
dalous outrage. He hoped that the Court would
take some action In the matter.
Judge Pratt remarked that II the newspapers were
to Try sucn cases before the courts did, why the
courts might us well be abolished. In reference TO
the publications he sad that there was always =
legal remedy for matters Of that nature.
MIR. Bergen said there had been u systematic
atteEipt on the part OF that newspaper to prejudice
the case against Perry from the first, out whether
they had been paid Ior II or not he did not know.
District Attorney Morris quietly remarked that he
was on the track OF the TWO men who had got that
letter punllsned anu when this case was concluded
he proposed 10 take some aclIon Ia the matter and
see whether they could not be punished
Here the subject was dropped
DIFFICULTY IN OBTAINING A JURY.
An extra panel or $50 jurors had been summoned
for this case, and shortly before eleven O'Clock tue
examination Of jurors, US to their competency to
Willam "A. Upson. was accepted; but after him
great dinculty was experienced III securing those
competent 10 serve. Almost every man had either
formed an opinion in the or was otherwise un-
ntted. Finally The entire panel was exhausted, and
oniy cigut Jurors mad been secured, They are:-
William Ii. Upson. Edwin 4. Bedell, Charles e.
Hunundgon, James NJ. Ford, Thomas S. Robinson,
Petes backman Edward barley and henry ilarteau.
luo COurs ordered new panel 10 be summoned,
!d su!oulned tne court until this morning ut ten
O'CLOCK.
NEWSPAPER CRITICISM BY THE COURT.
:, beIore adJOurning the court Judge Pratt eau
uoned the Jury, as usual, not 10 read or converse
about the case, and added that II might be proper
10 STATE lhat one reason why he had particularly
calea thelr attention to the subject was that OF
Ine local papers had published q highly improper
arucle, which might have had great deal OF in-
nuence IN preventing tue empanelment OF q jury,
ano ia that manner entailing great additional ex-
pense upon the county, wnle II was also highly
preJuulcial In the administration OF justice.
While newspapers had right TO publish the
proceedings OF courts, they had no right to publish
accounts Tor the purpose OF prejudcing the public
mnd either one way or tue other and jurors who
sworn TO render true verdicG In accordance with
the evidence should not be permitted " read such
accounts as those which were published disregard
OF the rights or public justice.
Judge Pratt has ordered that the gallery OF the
court room must be kept cleared during this trial.
as It's occupants ON the former trial were dsor-
derly that the proceedings OF The court were fre-
quenly Interrupted. In accordance with this order
no one was allowed to enter the gallery yesterday,
and the disappointed ones loafed about the Ell.
frances TO the Court House and the corr dors grum
ping Ut the court and repentng OF their conuuct
the former trial.