The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-04-05

tude tova ards the parties named,
Tho conyer.ation was then carried on In vhis.
per, and finally resulted in the selection Of Henry
Morrison and WIN. c. Ede,ston, iA:q., rs tricrs
These roniisnep we're not III Court ahd had TO be
sent ior. They were long time in coming, but Mr.
NO TINE. VAS LOST
in waiting for them, az the moment juror should
be challenged for favor they would have to suspend
proceedings unul the riera should arrive. Mr.. Nor
rlson a. last put in an appearance, but the other
trier, Mr. Edeisen. was 80 long In. getting into posi-
almost beyond endurance. At last, however, Eiel
stem arrived and the clerk began 10 call the PANEL
amid the interest expectation Of the surg
ing crowd.
THE CALLING or THE PANEL.
Goitied ochsncr was the hrst Juror called, but on
reaching the stand he said to the Judge:
II sLpeaks bhklish pad, ant Ioontershtands him
padder. and hears noting at nil. -
Mr.. Ochsner VAS e1peditOusly excused nom serv
Charles WiSsa,e, haired and respectable
looking old gent lenan, the next witness called
lie was challenged by Mr. Graham, hrst for princi
expressed 40 opinion on tie cdse-and secondly, as
TO ayor. The trial Of this Juror tur1ed out to be
most exciting matter, as le Rad evidently made up
tis mind to got on the jury at all hazards, and
help out
A VERDICT or GUILTY.
He was interrogate by Mr.. Graham az follows;
Care you sixty years old, MIR. wingate? A.-No.ar
Q-isve you heard Of this prisoner, Daniel McFsr.
o-Havc YOU formed and expressed. or formed or ex.
CF.lfa a Si2H SSIafj not nu'''n''
mean Ss have S Sdsnese 70 form al
o-Have you read the newspapers in relation to tho
o-What have You, read in them about toe tr.nssc.
q Did undeL;tand YOU 70 usc the wori crime in
efai facts that ihe man was shot Wv S''
Q.-Nas that your nTst auswer2 Alt amounted to
ovyDa not gPGe.'issna yog 70 use the word crimo'
0.-Aud aid on not superadd TO that the word hor.
Tdl A.-No Sir, used 20 sgch word and no one that
Q53wlai paper ga you read on the subject; ~. Win
Q-Dld ou lssd on ~ any paper in reference to
Sad YOU hsd no opinion at,er YOU had read all
about snytllrg without tar evidence / don't inuk
b Hf p to S s s9 SP1 ng c sSsp
TOPS .siprles ass. ,Gny ysrdet Of suiy in
lid you q you lad iollei o. expressed op!n.
TIE WORD CRIME.
Mr.. GRAHAM TO tie Court)-R our Honor please,
there can be doubt but this gentleman spoke o.
this Trans con crime. IL u evident, then Hat
he has formed an opinion. There PROBABLY viii 10
porsons who figured In what 10 so hastily called by
this SET ilewun crime. Il lie has made up his mind
that crime was committed. ne has made up his mind
directly against this prisoner. He has q dolnita
opinion US 10 this uNnsacuoni he conneets tais
prisoner with u transaction which he calls crime.
Under these circumstances submit II the principal
cause OF challenge Is not sustained Ordinarily In cIses
OF this kind there are two principal questions: the
first IL whether crime has been committed, and the
second Is whether the prisoner at the bur committed
that crime. But In the Of this trial IL viii
probably be hardly seriously contested, that what
ever may have occurred brought about through
the agency OF this prisoner As 10 the identity Of
this prisoner, there Will not be any dispute.
Nh. oARvIS SPEAKS.
THE DISTRICT ArroRSBI-I desire TO say but one
WORD IN reply TO this challenge The juror did say
he read all about this tran saction In the nevspa-
rers, and also said that he came 10 the conclusion
At Fh. n ltnaFN aAL VlaA u ~.
word crime In the hrst instance; but 10 IL evident
that he uses the words killing aud crime as synony-
nous terms. This cannot disquahly juror or prove
that he hss absolutely made up his mind but Il IL
matter for your Honor TO decide.
The CovBT-The Court Is OF the opinion that the
challenge has not been sustained.
TIE FiRs- EXCEPTION.
The counsel for the prisoner excepted 70 this de
cision OF tAe Court, ana Mr.. Graham presented the
challenge 70 favor on tae following ground.
the Sgli, Or idaocsaes q ,nl. prisoner: -
g. that he has bias in nvor Of peIsons opposed 70
iSSt he has bias In favor OF parties on the side Of
the prosecution
The ,risrs selected by counsel having been duly
sworn, Mr.. Graham proceeded 70 examine the Juror
ON his challenge Ior favor.
wrSeArs eoEs TO YRorHISoHAr's cHuacH.
o-Hays yos formed and EXPRESSED. or formed or
expresssd any oplson 10 references to the gum or In
Q-Do you ApOw the name Of tue person be charged
N, on wang A A.Fis;,s1r;
o-D,d you Know hmP A.-No, SIR. never saw
s .S q; E ssh @ y sss2P
q, 10 YOU attend the church of DR.. Frothingham1
Q-ATe you not regular attendant there9 A-No.
o-Hays you not Understood that Mr. Richardson
Was 40 attendant thsref A.-NO, sir.
HI KNOWS ruE REV. DIR. FRorHNGHAx.
Care you personAlly acquainted with Dr. FrOth.
0-Are you ~ sympathy with him in reference to the
Y. 5aysI heard certain
~. A.fi re. als Sass, ~ 'Uals''0I WIN
present on thst OecssiOnf A-Yes. sTi IheaTd some
Are you smOns those who upheld his course in
,ast materf Al don't Know What constitutes up-
Q'-kre you not aware that there has beeni more or
fs CAT S SSSs part that
DID you sympsiaite with those who censured, or
ad anything nfO TG* 'nA' MI SAID or
do Jon disapRiove hi. conneotios with mat mat.
lave read & vas "a porcd in reference
g mat ceremony! Al doat Know whether read al
g I'D You read Of marriage which took place at
the Actor House, AYES sir
don't kuoN soout tnati there was good zeal pub.
q did you COME 70 any conclusion to whether
ulAt msfrisge Wa legai or an Illegal proceedngf
Q.-Hsve you haI ho opinion "a to whether that was
legal or iiess:E
The District Attorney objected to this course OF
Interrogation, but the fsylt TO ask the question
sustained by the Court Mr., Graham continued!
HAVE You, on HAVEN'T You f-AcRE OF IT.
Q.-Haye you had no opinion, and have you now no
opinion, upon your mind Is TO The legality or negaity
OF that proceeding? Al don't know any thing about
the legality, pro or con.
O. ant yOu tell these triers whether you considered
that marriage Legal or illegal Al told you didn't.
Q.-HAye you no belief on the subjeetl Al have
answered the question twice. tod You | hadnt
formed any opinion, This IA three times. What more
do you waht2 will answer the fourth time. have
no opinion on the subject. know nothing a0oul It.
viii answer no more.
LAWYERS BADGERING THEIR VICTIM.
Q.-HAve you not any belief2 Al have not &C.
cording my idea oil what l. belief.
Q-Do YOU want There triers TO understand that your
mind Ia your mind would have been had YOU never
heard anything OF This uanssetion2 A.-uI Antger
that question as / feel. / Will say don't care what
they think. don't care two str.ws.
o-Is your mind as though you had never heard any
II s possible for man not TO form some opinion who
Q.-Ihen What you have read has produced some i'm.
Q.-Has IL produced an impression favorable or I'M
faYorAblsl A. didn't make up an opinion.
Q-Was that impression favorable or uniayorabe2
A.-As 10 what took place at the Aston House2
Q.-Yes IN reference TO the marriage. A-So far as
AN.Na .8.NllN