The New York herald., 1870-04-06
WPARLAND ON TRIAL.
Important Developments IN Court
Yesterday.
Two More Jurors Obtained "A Great Many
Fixed Opinions and Few Vague Ones
Tho Counsel for the Defence Show
Thsir Eand L. What They In
tend 10 Prove and Who
They Intend to Expose.

|
The preliminary proceedings In tho Mcfarland
case were resumed yesterday before Recorder
Haeket sss,aa 40.A fa rfe raa
| Mcfarland came into court accompanied BY his
little son, looking rather pale; but he appeaxed to be
In nowisc nervous He took hts seat jus. In the rear
OF the District Attorneys and busied himself before
! the Recorders arrival with reaing the HERALD
OF the account Of the proceedings OF the pre-
vous day ia has case being the special object OF his
| attention. He stated to gentleman who spoke
with him just previous to the opening OF the coufs
that he had not been abo to sleep very wen during
| the night.
! Several clergymen Here present during the pro-
ceedlngs and seemed to manifest considerable In
| tcrest IN all that was done.
The crowds In tha Railways werc very great long
before the court was opened, but no person other
than the summoned jurors, few members OF the
bar and the representatives or the press were al
| mitted, and these managed to pretty well ill the
room.
SPIRITUAL ADvIsgR. ,tf ;
one OF the ''ousldors," however. all the way nom
| Philadelphia did get In on the strenshlh OF his
being lnemoer Of the bar OF Philadelphia. He was
no less parsonage than Kilgore. the spiritualist
who defended the murderer Winnemore In the city
| OF Brotlerly Love- on purely spiritual grounds,
| which, somehow or another, were not quite
strong enough 10 save the criminal from an i9no-
innioas Death Klgore introduced himself to McFar-
| land, and, after teAng him who he was bothered
him considerably with description Of the way he
had defended Winnemore, ana advised the prisoner
read the for his edincation. Mcfarland bore
up under the infiction very brayeiy, ana Kilgora
seemed happy, as he went away at the adjournment
Of the court with his face radiant with smiles ana
spiritual cOntentment.
e TUE LINZ OF pEFENCE.
There was nothing whatever during the proceed
ings to divest them OF the monotonous wearisome-
ness that characterized the light for Jurors OF the
day previous The only time that the spectators
got rather wrapped up in the doings Of the counsel
when the counsel for the defence put the Ques-
| ton TO Mr. Hubbard concerning his respect for
| Beechcr and rockingham. His remarks In support
OF the admssbility Of the question listened TO
with brcathless interest they were the rst fore
sodings yet made pubic Of the line Of defence McFar
| lands lawyers had chosen.
| There yet remain four vacant chairs in the Jury
box to be 1llod, ana It is quite reasonable sup
pose that these Will be filled at least Dy the end Of
tne week, judging from che way the counsel on both
sides do battle for the selection Of impartial jurors
The Recorder, IN order TO make assurance doubiy
| sure, during the day Issued an order for new
panel Of 200 jurors r.e
| LEWIS J. HuLroED
was the FIRST OF the panel to respond. He had heard
| Of the case and formed ana expressed an opinion.
| lie was OF course discharged. Grepviho Blake was
| in the same position. fg
| Herman N. Cohen to Nr. Gerry-I have both
formed and expressed an opinion IN relation to tie
4 guilt or innocence OF the prisoner
To the District Attorney-I doubt II my opinion
could be changed by any evidence.
rasrick x. McHenna, S or "a the Eighth ward. LIQUOR
and talked about It, but hat
| NOT FORMED ANY OPINION, 4
nor, he thought expressed any; lie mad no cOnsci.
entious objeoton to capital punishment; he knew
! nothing OF any Of the parties; the evidence was
| what ne expected to go by.
! The challenge was Withdrawn, but the prosecution
| challenged him percmptorily.
Alexander WOODS was the next one answering.
In reply to MIR. spencer he said he had formed and
expressed an opinion. To the Dtatrict Attorney-lt
| was formed from
was nxed opinion; he did not think nny evidence
SIMON Hackeys was in She same condition Of
mind. ar f. III "a.
Elisha n Allen also read tho newspapers, and in
answer 10 the District Attorney. said he did not
think he could try the case lnpartiay In view Of
the strength OF his opinion.
bly, try inc case fairly after evidsaco lad yeaoTea
his present impression. not before. s
Conrad Noggerson had an opinion.
FRorHINGnAx's CHURCH
Counsel for defence-He ought 70 20 to Mr.. Froth-
ingham,s church; they don't nod any, particular
Recorder nackett-oniy little pleasantly, by the
way.
Robert L. Anderson had formed aad expressed al
Judge Garvia-IlOw long ago did you express IL
A. No; when the affair occurred.
Oilvcr $. fIeethad most decidedly rornsd an s2,n.
lou. he thought lndeilbly liked.
James A. a: Quinn % had formed a and expressed an
was 1xed with his present lights.
Samuel Jackson had formed and expressed an
opinion from readingthe newspapers at tue Nme Of
Mr.. Spencer challenged ras next Juror. John
had % vague opinion In regard 10 the case from
what he had read. LIE dld mot tbtnk lie had D nxed
opinion. Ea was not opposed 10 capital punish
Challenged Co the favor.
He had q wife and children; he had no bias that hs
knew Of; lie thought he could Try the case without
bias; be Was Presbyterian; be was nos acquainted
with any OF the parties; he attended the Eighty.
Oliver Johnson; he did not read the I,.deDendeaf;
was not acquainted with Theodore Tilt0n; mono Of
his immediate friends or relatives attended
HENRY WARD DEDCHEn's CHURCH.
Challenge w!thdrawn aad caaLsnged peremptorlly
Daniel Oxey To Mr.. Gerry--Had heard OF the case
before to-day; couldn't say That ae had formed OF
expressed an opinion on II
scruples In regard to the penalty OF death; he knew
no trends OF tho prisoner, nor had lie talked with
any Que his behalf; sh0ughS he could try the
case without any bias.
Challenged 70 the favor.
To counsel Tor defence-I an married man and
have one child. usually IN TT mi
READ TIE TRIBUNE AND TIMES;
don't thluk have read anything about the case
except 0 short editorial nOt1cc Ia the Tribune;
oan't say that 1t produced any impression on my
mind; can't say that conceded with the articles
think 1t was an article disparaging Mr. Frothlig.
ham, 1t may have been Ia the Times: think I ull
able to try as juror this case without any bias.
To Mr. uaryln--I think there 10 no Impression or
bias on my mind; nave too many thinrs to ar.
tend to to have given this case my attention.
TO counsel for deence--My family belong to Mr..
BellowS church, TO which occasionally GO; that u
0 Unitarian church.
Challengo Withdrawn snd psrempsory challenge
for prisoner.
Gabriel TausiR TO Mr.. Spencer-I have read Tho
case; have not formed particularly an opinion:
have read OF ltin the HERALD, Times and German
paper
10 MI. 0arvin-I have no opinion; stand indir.
fereat; not acquainted with the prisoner or any
Of his friends; had not talked with any one ately
about II; have not read anything except the naws.
papers about 1t. |