The New York herald., 1870-01-13
TIE ORANGE COUNTY MURDER.
Trial Of Warren Fellows, Of Goshen,
for the TIurder Of Alex
ander Swinton.
An Important Question-Can an 1mpro-
perly Constituted Grand Jury Indict
Prisoner l-The Difficulty in
Obtaining Juries Explained.

| GOSHEN, N. Y, Jan. IL, 1870.
About half-past eight O'Clock, on the evening Of
Thursday, August g. 1862 Mr.. Alexander Swtnton,
an Old respected citizen OF Port Jervs was standing
IN his hardware store in Front street, attending to
| his customers. His son James was with him. en-
gagged In the same occupation. Half an hour later
the old gentleman was lifeless corpse in the arms
! OF his son. through an outbreak OF passion on the
| part OF Warren Fellows, an itincrant pedler.
| The circumstances OF the tragedy, which caused
| an immense sensation In the county, were simply
rhese-Fellows had been drinking freely during the
| day, and when he entered Mr.. Swinton's store
| more o demon than man. objection was natu-
| rally. made to his presence there; words fol-
| lowed, and the ruiiian was finally taken by the
| shoulders ana put ont. When at the door,
however Fellows drew revolver from
his pocket and shot old Mr.. Swlnton In the abdomen
producing an Internal hemorrhage, which resulted
| fatally In about thirty minutes. Seeing his father
| shot, James swlnton rushed at the assassin with
hatchet ana struck him twice on the head, innictng
| deep and dangerous wounds, from which, however,
he finally recovered.
After due time Fellows was indicted and brought
before the County Sessions Court for trial Inlor
| mality In the indictment however, prevented his
| conviction or discharge at that time, and accord
| ingly new indictment was found by the Grand
jury OF the county, and the case was set down for
final disposition at the January Term OF the
Oyer and Termlner Supreme Court at Goshen.
Fellows was wen known In the county,
considered worth $40 O00-at least he left that
amount In cash aud goods when, thinking he was
about TO die Of LIS wounds, he made his wlll-and
bore an unenviable notorety as o flflian and des-
perado. 1t is said that he shot at two
men, killing one OF them, some time ago,
and escaped punishment, and that at Plimpton,
N. j.. about four years ago, he entered Methodist
church for wager ana publicly dragged the
minister out INTO the street, at the same time beat
ing him severely 1t but fair to state, however,
that these charges have been made against him
since is Incarceration for the murder OF Mr. SWIM
ton. True or false they contributed to increase
public Indignation against him and to add to the
excitement that at tins moment agtates the county
OF orange.
The not very commodous Court House in this town
has been overcoming with spectators since the trial
OF the prisoner was commenced this morn
fng The hotels are full ana people are constantly
arriving from the country. Anxiety to ascertain
the probable result or the trial is quite
general. Justice A. b. Tappen presided over the
court and associated with him are County Judge
Thomas George and justices Benjamin IL. Conkin
aud Ephratin BullIs District Attorney 8. w. Fel-
lows. assisted by Mr. C. ii. Whitford prosecutes for
the people, and the prisoner Is defended by Messrs.
Drake. Gedney ana Mi!ispaugn.
Arraigned at the bar the prisoner had read to him
the indictment found by the Grand Jury. He is ap-
parently from thrtyve TO forty years OF age Is OF
saow complexion, wears dark brown mustache
and goatee; has dark eyes, deep set and cunning,
and his general appearance IL that OF desperate
man. He was well dressed, appeared quite cool and
collected ana seemed to have no apprehension Of
AN IMPORTANT LEGAL QUESTION.
Mr. Drake for the prisoner. moved after the read
ing OF the Indictment to quash on the ground OF In
Formally; that the peadings were bad; that the
third count did not closely follow the wording Of the
| long and tedious controversy ensued but finally
| the Court decided not to entertain the
Court. 1t rwas thought that there would be no fur
| ther obstacle offered to the empanenG OF the
jury ana the advancement Of The trial; but the
counsel for the prisoner lnterp0sed an OBJ
lection at this point. which may prove fatal
to the prospect OF conviction. The point
raised is somewhat novel, and therefore very
Important the law concerning 1t being but little uri-
derstOod. Twas this. Counsel discovered tnat the
Grand Jury hndng the indictment against the
stituted and therefore entered pea OF
want OF jurisdiction. IL was claimed that when
the list Of Grand Jurors 1870 was made
1t not handed to the County Clerk IN due form;
each member OF the Board Of Supervisors making
stead Of the 800 names only which should
sent in Counsel therefore pleaded that although q
certificate was obtained duly signed and handed in
YESTERDAY ana attached to the ilst OF grand Jurors.
was not legal that II 1t had been properly cOnst
tnted the prisoner would not have been indicted ut
all, and therefore moved to quash the Indictment
read.
District Attorney Fullerton then stated that ne did
not expect the opposition take that ground. and
thought 1t safer Tor him to put In plea In answer
than demurrer. He would join IN an Issue OF fact
with The defence, but in the meantime asked for
time to prepare the answer. Time was granted and
the court adjourned for one hour.
When the court reassembed the prosecution read
cations OF the defence, and urged that there was
mforinay or impropricty IN the constitution OF the
Grand Jury. The Issue OF fact having been raised,
however he had thought 1t necessary to put IN the
replication.
A iurtner adjournment until one O'Clock was tnen
made. On reassembling the District Attorney asked
leave TO withdraw hts replication temporarily, for
the purpose OF amending it, and the defence also
requested leave TO make some alterations in their
plea. The Court granted leave The alterations
made were not important.
The Court here stated that II the issue was to be
tried II should be before the Court alone jury
being deemed as having a right to decide the mat
ter. The decision would nave to be rendered on the
ceedlngs taken than In q challenge OF array.
Counsel for the defence insisted that there was
difference and demanded a trial OF the issue by
jury The Court heard the prosecution on the point
and held to It's decision An exception to the ruling
Mr.. Louis Cuddyback, County clerk, was then
sworn, and was about to testify to the organ
ization or the Grand Jury which found an
fndctment against Fellows, when Judge Tappan,
nterruptlng said that he mad found authority for
the position taken by the defence, aud a jury OF
twelve men would accordingly be sworn to try the
issue involved questions then arose as to the right
OF challenge in'this peculiar case, and considerable
time was occupied In empanellng the required num-
| ber or good men and true.n
TfB DIFFICULTY IN GETTING JURORS.
1t Is proper to mention here that In all criminal
trials, especially in country places nine out Of every
| ten men form an OPINION from reading the news
papers OF the RG or innocence OF parties accused.
The law says that ali such may must stand aside.
The consequence Is tnat Intelligent men are excused
from dlschargng the important Office OF jurors, and
Ignorant and stupid men are left 10 bring In verdlcts
OF life ana death. The law was well enough In
| times when there were Few newspapers and the
! railway and telegraph were unknown But should
not there be an amendmenG 10 1t noW2 The
crowded state OF the court calendars Is mainly
attributable TO the duculty experienced in obtain
Ing jurors, and the diflculty Is the result OF the
statute referred to. In this case the aosurdty OF
| TINS statutory provision was exemplhed several
intelligent gentlemen OF the county, who had read OF
| the difficulty concerning the Grand Jury, were
sent away after brief examination TO their
knowledge OF the matter, who, 1t Is but right TO
suppose would have decided the evidence pre-
| sented 10 them and many " doubtful intelligence
retained. One or these afforded much amusement
by stating in answer to question put by OF the
counsel for the defence as to the impression made