The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-04-07
THE MCFARLAND TRIAL.
4 JURY IHPANELLED At LAST AND
DICKs CLEARED FOR ACTION.

fence Going In for scaips all Round-No-
hos to b, spa red at whom a Tomnhawk |
Cub Lcen iy Huri,d-nir. Grahn m In.
disunntlv Protests Against the Incnrcera- |
OF tn Jurors-Iho Conspirato AEt inst
cR.rinn nd to he Met ut all Points-The
wi urssts MI Warned to b. on u,nd Toe
Gay MIR. Grahnm has n Bombsh II Ready
for Judge Davis this Mornine.
The interest in tho Mcfarland trial deepens
a., By day. Yesterday the attendance was largely
increased TO witness u struggle the selection Of
jur, ~, four OF whom remained TO be chosen. The
nerce contest Of the EIGHT men who had been worked
hto the jury boz had wnet,ed the appetite NJ the
public for gladiatorial display the forensic plane,
and high order OF spectators thtonged the Court.
room yesterday witness the o1pected.lts between
the eminent counsel engaged In the cause. Mr.. Nc.
Faland was early in hs seat and sat alone for near
y half an hour when bis little son came eagerly in,
and running to his father gave him
AN AFrEcuosATB cAREss
number OF correspondents for country papers,
and also several artists, got around Mr.. Mcfarland
70 interview and al eteh him, but Mr.. Graham In
dixnnnuy forbade his client 10 converse with any
one.
1T IL . scandalous piece Of business" said Mr..
Graham TO Mcfarland, for these men 10 come here
and talk with you. You prisoner, on trial for
your lifc and any man with the least spark OF DELI
eacy In bis composition should be above such con-
dust As your counsel, forbid you to talk with
any stranger W homsoever."
Recorder Hicket I, with Characteristic punctuaiy,
look his seat the bench precisely at II O'Clock.
The counsel for the prosecution and for the defence
we're soon In their places; tho Court was formally
Orcned by the crier; tho eight impanelled jurors
we're called and found in their seats; Herman Beck
trman and Bans J. Hansen, the third and fourth
Jurors, were sworn trers, and the Court said:
A. l. a. r.. 49, ~
pass on tho case Of tho juror Bartholomew Smith,
Who was examined yesterday"
rus FIRST sKIRxIsH.
Judge Davis associate counsel for tho prosecu-
ten, wished to have the stenographer read the ex-
animation OF the juror to the triers Mr. Spencer
objected, and the Court ruled that II not nocos
tagy. Mr.. Spencer then lueidy rehearsed the state
nents made by the juror, Mr.. smith, on his extmi-
nation the day before, and clnched his remarks by
quoting Mr. Smiths declaration:
should Be 'MSTn as luEo5 and AXE ,T TX ., nS in
Judge Davis followed with summary OF ali the
arguments the subject Which mp " that time had
teen urged by tie prosecution the repeated trials
OF Jurors and spoke with candor, clearuess, hon
esty and gentemauiiness that Won the admiration
OF every one and made a pro ound impression. Mr.
Graham reques cd the Court 10 charge tue trers
that the people start on an ncqualty with the prs-
IN this matter; that the prisoner Il TO be pre-
sumcd ~ be innocent until he has been proved to be
guilty, and that y is the dlty of the juror to snare
Recorder HAcKETr Oo the tricrs)-I, Is unques-
tonabiy true that the prisoner il TO be presumed
10 DO innOcen, and 50 charge. The question sub
mitted 20 yen, gcnilcuon. IL whether THIS juror
stanas indifferent between the prisoner and the
people. IL you come TO tue cone u-lon that he has
NO bias In favor or against either the prisoner or
the people, then you Will hnd that the challenge is
not sustained. But ~ taking into consideration all
that tho juror has said you come to the conclusion
that he mas any bis In favor AGAINST either the
prisoner or the teoule, you will then lind that the
Tho trers, sfler consultation, announced that
Mr.. smith unwilingy resigned his hopes OF serving
on the Jury.
Tus PtorLE AGAINST NATTER.
Roland % II ,DIOt, lockwood P Brooks, John +;
were excessively called, nut under e1amin alton,
and rejec'ed because OF their obstinate opinions
N l3i Pearl street. Was the next Juror called, and
vas challenged by the counsel Tor the defence Tor
principal cause. lie had formed m opinion, but
thought be could sit in the Jury box and try the
impar,ialy. The counsel Tor the prosecution claim
oil that, tbder this testimony, tie challenge for
principal cause which goes TO the question OF the
formation OF an opinion, was not sustained. MT.
Of the People against Mather (i'h OF wendelD, in
witch II was clearly held that where man bad ex-
pressed an opinion Y absolutely disqualified him to
was very positive In relation to the expression Of
opinion.
~ qualified the decision in the case cited and that
FAIR, CANDID MAN,
notwithstanding he may have expressed an opir ion,
II he could enter the jury box ftee rom particular
hxed opinion, was qualified to act rs juror. " in
ike Il IS" said jude Davis, al men must
lave formed some sort OF oDnion nom reading the
newspapets-nn opinion that II those statements are
true the prisoner is guilty or Innocent But juror
who has been under that sort OF opinion, II ne car
lay everything aside, and act upon tho evidence
ilone, is qualified 10 act. submit to the Court Il
Tie couRr-i think that ought to be the law.
Mr.. GRAuAn-l beg TO remind the gentlemen OF
the side Of the pi oseculon that
LIGHTNING Is A DANGEROUS ELEMENT
10 bring into play in case like this They brough
A into play on Monday and used It against us. ant
To-day thoy must not complain II 1t strikes them
On Monday, they attempted TO set aside most un
Objectionable juror, on a much lighter ground tina
JUDGE DAyIs-That Juror declared distinctly tina
would require some evidence ~ cnanse his opi'
Mr.. aRAnAM-It would be wen for gentlemen I
look twenty four hours ahead. For my part. neve
versary that am not willing he should use upon nj
Before give him bitter draught to drink, IinquiI
nco to ny lbs. In this case tie prosecution h
adopted the practice of
BLOWING BOTH nor AND COLD.
At one time they perfectly anxious TO take
Juror, and, under the same eircums'anees they vi
defence, have all along preserved consistenC
and uniformity. The only reason l have fur pres
Ing this point now IL that We do not wish TO eve
look our legal rights and tho legal rules by while
We seek TO De governed. THIS decision in the ca,
Of the People agt. Mather has never been called
question, and also In this case OF
THE PEOPLE ACT. FREEMAN,
In which the decision was given by Judge Besrdsle
The same rule was held at the time mad the hon
Of being al the capital OF this Government, Il
years ago, by the Court at which | appeared pr
iessionaly. Your Honor well knows toe decision q
Justice Mare, tue most distinguished man we hl
Judge DAvIs-I do not think the counsel for q
hOnOTed counsel for tie defence. Your Honor "
certainly give US credit Tor the utmost i0erlt
AMI tie counsel must have indeed