New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-04-07
THE MCFARLAND TRIAL
THIRD DAY-A JURY OBTAINED.

der OF Albert ID. Richardson resumed Yesterday an
a. M before Recorder Hacket The court room "A an thu
previous day, only partially filled no per.on, ben
admitted except those subpenaed juror, or w,tnes
Mr Mcfarland, accompanied by his little son peroo a,
present at an early hour
Mr. Bartholomew Smith, the last Juror called ve.te,
day. and whose examination was partially completed
was recalled The second third Jurors we're .,,,n a,
trers and after hearing argument from coun4d the,
decided that she juror was not indifferent and he VA,
set aside.
THE NINTH JUROR
After calling several jurors all OF whom were found q,
have formed and expressed opinions, Edwin T. Trou
bridge broker called and examined by Nr spencer
O. you heard Of read ythng sbou, this c.,ei
A. Yes, Sir.
@. Have you formed and expressed. formed or ex
pressed any opinion with reference 10 the guilt inno
cence OF the party accusedi A. have.
By Judge CARVING Is your opinion based entirely On
newspaper readings conversation with other per.
sonsi A. On both.
@ Could you sit ard try this case without regard en-.
tirey any preconceiyed Impressions that you
tanned on the subject A. think
O. And render your verdict the evidence 70 be sub.
mtted to your consideration. A. think
The Court-To the defense-Do you press your chli.
lenge r withdraw iti
Mr. spencer-If we take any step backward will Al.
nounce IL.
MI Graham-It has been settled that II a man has any
opinion formed already he disqualified The say.
the formation expression OF opinion II It u an alb
sOlute opinion, is positive ground OF disqualification
The Court so understand the law, Mr. Graham
Judge Davis-Ths gentleman says that the reading
he had formed opinon-an opinion that II these state
ments are true then this prisoner guilty or innocent
lust as it happens impress their minds gentle
man has formed opinion by reading the newspapers.
on assumption that those reports were true. ITO tbs
| juror.l
O. Did you have any conversations with persons
| nected in the A. No, Sir.
@. Only among your friendsl A. Yes. Sur. that Was
ALL
Mr. Graham-Lightnindis dangerous element to play
WITH IL the Court please They brought In on Monday
TO hurt u.s. and now bring IL in to hurt them. IL
would well for counsel TO look "a hours ahead never
apply anything my adversary which think may not
have applied TO me within week. AZ one time the
prosecution perfectly delighted with juror Al an
other time they perfectly opposed to look at him
Now think have observed consistency and uniform
ity The only reason why press this point IT, that va
do lose sight Of our legal latitude and long,
tude in this Justice Marcy, in the case OF Tho
People agt. Mather this language: THE law at
taches disqualification TO the fact Of having aud express
in an OPINION does not look beyond TO examine oc
cason or weigh the evidence which that opinion is
founded" II the Juror says further examination.
that his opinion is purely hypothetical be says that
he has no opinion except what grows out OF upposon.
that IS a very different aspect given TO his testimony
the prosecution entitled to the lecture which tho
learned counsel on the other side fit to give Your
Honor will give the justice to that since this IN
vestgaton began have allowed the utmost scope 20
that counseps imagination in propounding quesuoh'
and for all inquiry that he has put on foot by learned
associate and myself have determined that no man shs
sit that jurybox who is not competent "here Juror
states that he can decide the evidence alone. he ~
clearly qualified This gentleman said he had formed Al
opinion it would not affect him IN the slightest
degree.
Mr. Graham-I shall hold that your principal challenge
"a not sustained The only question before whether
he disqualified for principal cause. The private coun
sci on the other side Judge Davis stated yesterday that
they consented that the jury separated The only person
who could make any objection would be the prisoner.
Judge Davis-We stated that we had no objection "a
the jury separating now but when tho Jury was lmpan
need il would be a question for the Court.
Graham-I do not think that any Court. after tas
precedents that established in this city, VIII
listen to the suggestions OF that kind, especially IRON
private counsel in the public prosecution was onete'
high position in a criminal prosecution, which de
ciined because did want to any blood money
We may yet accept this juror but We cannot part Win
our legal rights This Juror stated that he has formed
and expressed an opinion opinion nevertheless within
hist control The exclusion disqualification attaches
the formation expression OF opinion. and tis
mere fact that he thinks he control 1t does not ro
move the legal objection at all
to remark made by the counsel He says that he hal
an understanding with me about separation Of tks
jury; the gentleman any doubt but that will carry
| out my arrangement
| Mr. Graham-No. Sir; have not.
Judge Garvn-I do not intend 10 mprIson these jurors
| The Court-I think that the principles onuncatei
| that your challenge is unsustanet.
Mr.. Speucer-I now challenge TO the favor.
Q. Have you a wife A. Yes. Sir
Q. And chIldreni A. Yes, Sir.
Q. DO you attend any ohurchi A. DO.
| O. OF what denomination A. Episcopal.
O. Are you OF opinion that IL sworn Jas juror IN thb
case you can give Mr. Mcfarland perfectly fair. merci
| full. aud impartial trial A. think 80.
Mr.. Spencer withdraw my challenge Tor favor ani
on the part Of the defense willing 10 accept tho
| Judge Garvin-we accept the Juror.
After the examination OF several other Jurors, All Oh
whom were found incompetent, recess OF IS minutes
was then taken. Upon the reassembling OF tho Court
Patrick Darby called aud tried as follows:
q Have you formed or expressed an opinion on ths
subject OF the guilt or innocence OF this prisoner' A.
O. Was that opinion based on what you read ia tho
newspapers A. That is all.
O. Did you read any one. or more than onef guess
O. What papers A. Herald and yers
q Did you read all that appeared in any one OF them'
O. Did you assume what you read TO be true. A. Yes.
O. II 1t should turn be true. then you have
o opinion A. OF course have no opinion.
=. Then any opinion you have formed, or expressed
has been on the supposition that what you READ N'
O. And if it should turn out not to be true you are with
out opinion A. Yes, SIR.
Judge Davis-Haye you any conscientious scrupes In
regard TO finding verdict against the prisoner whefe
Mr. Graham-what do You mean by that Would you
refuse TO find guilty OF capital ofense n you sa
juror, provided the evidence established bis guHt
A. Well that would be according 10 the evidence would
hear from both parties.
q You would refuse perform your oath because
n.Gah IN fhn NAA NAan