The New York herald., 1870-04-05

full round, regular features dark handsome eyes
gayy with his father and seemed totally unconscious
OF the serious charge impending over MS Iathers
KMPANELLING TEE PETIT JuRY-rnE FIRST MAN
AND THE OBJECTIONS.
was the tedious process anticipated. TWO hours
f0ed by before a luryman sat III tue uer. Ine
first man. ala not like old Father Adam, speak
English and rejo!ced in the name OF Ocnsoer. 10
Enares Wngate the second upon tnc p,D, nm 0o
acs as a crime. Attorney Garvln joined issue WIN
the defence on this question: ana anotnei quarter OF
an nour was spent In waiting TOT the trier on the
DEAD LOCK.
The enlpanellng OF the jury in this extraordinary
case was a work OF immense diiculty as il pro.
gressed. Not but an unusually large number OF
Jurors were present. Inc seeoaa eco gen'leniaii M Mr.
and objection was at once taken 10 him by counsel
upon the ground OF bias. MI Henry Morrison was
District Attorney Garvin sent for gentleman to act
as trier on the part OF the people More Than an
hour elapsed before any one turned up
MAYOR HALL AND COUNT JOHANNES FIGURING
In the interval the court was slightly relieved by
few noticeable Incidents The Mayor, Oakley Hall,
guided III and made general survey. He was followed
by George the Count Johannes who approached the
prisoner and shook hands most cordially with him,
ana inquired anG v aSr nm lie was dressed
his purple vest and silver buttons being slrikingy
Conspicuous. ....,, 81 : -...sss.
AN ATTENDANT or DIR. FRoTHTNGHAM'S CHURCH
READER OF THE HERALD.
At length, District Attorney Garvin's prOs6gs
being out Of Town." Mr.. William EgglestOne was
Mr.. Wingate's examination developed the fact
that he attended the Rev. Dr. Frohnghams
church. that he did not consider there was tning
improper IN the Ast0r House ceremony, mat he mas
read the account Of the shooting and the incidents
following 1t in the HERALD. Counsel held that MIR.
Wingate was an interested party and had shown an
indecent desire to enter the jury box.
THE RECORDER DEFINES M'FARLAND's POSITION
COMPARATIVELY.
The Recorder IN his charge to the triers, said the
true rule by which they should decide was, Would
they be willing TO accept the juror If placed IN
lenge to be not sustained. Wingate was then cnal
lenged peremptorily by MIR. Spencer OH the part
OF the prisoner.
ANOTHER JUROR-AN OBJECTION AND THE HERALD
AGAIN.
The third name upon the panel was that OF Mr..
examination, that he had formed an absolute opin-
ION upon the case. Mr.. Garvln challenged him,
%pGn e part G ae people @ M ae
was totally unbiased In reply as 10 what journal
he had read, he said that he took the HERALD every
morning, and had read the case fully In that Journal
He may have read something OF the case In the other
papers, but was prepared to render true verdict:
Alter considerable discussion the Recorder decided
that by the law of the state Mr. Carpenter was not
quaiiled to serve on the jury because OF nus pre-
conceived views.
ALMOST FOREMAN OF THE JURY.
Mr.. Daniel Il. Valkenburgh, OF the Nineteenth ward
was the next juror called. He Is dry goods mer-
and Mr. Vakenburgn was decided by the Court 10
take his as foreman Of the jury. subsequently,
as Will De I0unu DeOW, MT. NdIktuuuISh was re-
lieved from serving altogether.
ANOTHER JUROR SECURED.
In the case Of Richard Brown, next called, ehal-
lenges offered on the part OF the prsonerand Mr.
Valkenburgh was sworn as an additional trler. A
minute analysis made Of the state OF Mr. Brown 3
mind and knowledge OF the trial. In the course OF
the examination counsel inquired OF Brown as TO
whether he believed he had patience enough TO go
through so protracted trial: and whether during
mind easily disturbed. Both questions were dlsal-
lowed, and Mr.. Brown, Ninth ward, fancy goods
dealer, was next sworn.
vALKENBURGH BEGs TO BE EXCUSED
AT this stage or the proceedings Mr.. Valken.
Gugh e nor ose ea hey aI to-
hear Of hourly, and that In case OF that event hap
pening serving upon the Jury would be a matter OF
greviOuS inconvenience to him.
The District Attorney applied for the jurors re-
lease and he dispensed with, with an expression
OF regret by both sdes but was retained Tor the DAY
MAN WHO DOES NOT READ THE HERALD.
Mr.. Harris Peiser knew nothing Of the case. lie
case was that when he came nome his clerk told
him OF 1t ana '1f the truth must be told" he then
SAID
SUCH MAN Is WORTH HANGING.
Mr.. Peiser was set aside as incompetent.
ANOTHER RIP VAN wINKLB.
August +. ClaussOn, 1855 Duane street, produce
merchant was sworn next. He had never heard or
the Mcfarland tragedy tln the officer who served
him with a subpoena told him "he'd have chance
Of serving as juryman on the Mcfarland trial."
A TURNER THAT COULDN'T BE TURNED ASIDE.
MT 1onn ne aa m rene 10 80 mxea az "
whether his opinion could be set aside by evidence,
he pertly repled:-
mo. SIR, 1t could not" which answer convulsed
the court with laughter.
A PATENT NEWSPAPER MANTLE HERALD HEAD
INGS.
In the challenge TO Herman Beckerman, 1875 West
Nineteenth street, he was asked III what paper he
had read the account OF the Richardson Mcfarland
tragedy; he replied sin the headings OF the
HERALD" He was unbiased and a married man.
and so was sworn.
Hans ]. Hanson, Seventh ward, ship chandler,
was accepted and sworn.
Peter A. Welsh, Ninth ward, merchant, ran the
blockade Of The contending counsel and was sworn.
THE HERALD HEAD LINES AGAIN.
Bernard Crakow 204 Grand street. was examined
as to the circumstances which qualify for the jury
box. He knew none OF the parties to the case, and
had no knowledge OF 1t except what ne got Dy read
ing the head lines OF the HERALD.
Challenged by the prisoners counsel peremptoriy.
THE COURT ADJOURNED
at forty. nve minutes to four. The jury were allowed
to separate and retire to their homes but were eau
toned by the Recorder not to converse with any
body upon the subject OF the trial, and were recon
mended to abstain from reading the comments OF
the press upon the case
Captain lMcCluskey ana his officers were indefali-
gable in Keeping the court passages clear and In
carrying the general arrangements of the court
and were most courteous and attentive to the gen.
tlemen OF the press.