The New York herald., 1870-04-06
nsa no no distinct recoaecton Of a though ne had read

WHAT Is A LEGAL PRssUMPrIoNi
nenrv Y. wentworth, baker, OF the Tenth ward,
said that he had formed no opinion about the guIls
~ innoCenee o. the prisoner, although he dd have
IN nnDfession I'D iayor OF the prisoner.
Ins counsel for the prisoner mere challenged Went
worth ~ Mv0r
The Dlssrici Attorney objected to tho Juror, ana
tent as he had expressed hinsef az having bias m
iavor OF Mcfarland. AiteEa lengthy dsclssIon be.
the "iInprssson" the Juror mad was nothing more
nsars s0e % sgsi presumption which every one OF the
tire prisoner at the bar was innocent
a.. fne recorder remarked that tbe question as to
sne competency ol che juror al, to whether he had
Dias that would prevent aim fr0m acting lmpar.
Tally as juror, Yves one which the triers could DC.
Counsel for the defence--I am plain,,r IN this
achon; made the grounds OF the challenge. Is It
AM Sm nnneara o. sn'ng LOT plaintiff 70 90 before
jury aad ASK them TO render verdict against him
!, Nscoioer-bus pialnti1 very seldom docs IL
Counsel for de,encc-well. I'm sopv 10 do /, now.
the people OF New York are with US III this matter
aIthou9h nomnaliy against Us. and this defence fall
sns very ntgaest interests 0f right and justice fat
The question was submitted to the ,riers, who
ater short consutaton decided that the Juror was
hot in'liilerent. SO be was set aside.
TOO GOOD LOOKING.
IneInas W. Whstenofe, the next person called,
said nc mad lorlned an opinion concerning the gut
or innocence OF the prisoner, which would REQUIRE
evidence TO remove. AS the gentleman el the stand
ono OF the lawyers Tor the prosecution remarked
s' 100 goa 1sSslia4 ssSS'ss aJsJs gs w. osrArsrD
wam we dIy goods rwsnnsiS Tara had
0i Inc tragedy which would require evidence 10 re-
move although he felt that he could SIT on the Jury
ana render verdict according 10 the evidence.
AIT. Geary challenged 10 the favor.
The lnr0r mad read the accounts OF tho shooting
array IN the HERALD, Stnt aud Tribune. he did not
astend Beeeher's or Frothnghams church.
All challenges were Withdrawn and tue Juror was
accepted by bosb sides.
William Senfff, dealer IN drums, was next called.
c'He's sound" whispered Mr. G0ary tohis associate
counsel as the gentleman proceeded towards the
VINO was under the impression that the arcr's name
was "Druins." Mr.. Sempi was % German, he said,
aud could understand English. although he couldn't
.Are you citizen ?. asked the DIttr,ct Attorney.
~ nave been in this country Tor sixteen years"
replied Sempf, who looked rather scared Al the
way he was pelted with questions.
A I'm ~ he's been sixteen years IN this country has
ne @ =, exclaimed ia Cd AR spencer; then he must 10
VINO nave been In TINS county only mouth"
r., well" !" continued MT. Spencer nave you, Mr.
Mr. Spencer don't see any thing funny In mans
name being Drums
Tne Prosecutor--But the fun IA that the gentle
mans name Is not Df ums. (lienewed laughter)
Mr. Sempr was not accepted as a ,nror after the
counsel for both sides mad drumned all they could
out oil him as to his opinion concerning the prison.
cr's guilt or innocence.
Horato II. Whittcn, importer, Twentieth ward,
had formed an opinion SO lar as the death OF MIR.
Richardson was concerned. lie had liked op,nion
as to the prisoners guilt or Innocence. Not ac-
copied.
TWO WARDS HEARD FROM.
John II. Wright Twenty .Grst ward, was In the
same mind ss ihe previous gentleman, and was ike
Wilhsnl +, Dalton, Twentieth ward had gyed
opinion as TO McFarand's guils or innoceRcc. set
ASIDE.
TOO WILLING by FAR.
rN
had read about the tragedy III The papers.
Mr.. Geary-haye You formed an opinion a. 10 the
quit or Innocence Or the prisoner
Jur0r-N0, sir.
Mr.. Geary-I withdraw The challenge.
scruples as 10 capital punishment : A. No. sir.
z. DO you belong 10 any religious deneminalion
Opposed ' s to camtal M punishment "a A. NO, SIR.
mind IN regard TO inc guilt or Innocence OF the
The District Attorney then challenged to favor
and afterwards withdrew the challenge, when the
Juror SAID tina. hs was certain he could render
verdict III accordance vita tho evidence elected.
GLIMPSE At THE LINE OF DEFENCE.
MT. Spencer-Do you attend either Mr. Deccher's
or Mr.. Frothihghanl's churcna A. No. sir.
q, Have you any such respect for both OF them as
would IN any manaer atlect your judgment with ref
erence to any act attacked in this case performed
Recorder--Don't answer that question, sir.
Counsel Tor the dcience--ihere's no need OF mnc-
ing matters here. Wo Will show and expect 10
snow
CONSPIRACY
from tho start To destroy this man, Mcrarlspi con-
Quoted under The eyes, ana In the presence, and
VITA the approval OF people who ought 70 have been
above II. They will not be screened, 30 far as we
are concerned, because we nave the facts and we
are bound to bring tnorn out They connect Them
selves with this mans state OF mind; for IL Is tho
knowledge that that tiny form contained for the
period OF two years ana nine months that formed
his mind on the day OF this
ALLEGED MURDER.
what wa; poured into that mans mind for period
OF TWO years and months has got 70 form part
OF the lssue In THIS case We are entitled TO know
whether an any part Of tins case Is passed upon in
favor u the prosecution before the Juror takes his
place. All that took place from the time OF this
woman's couselessly abscondng from her husband
down 10 the time OF this homicide was q prear-
ranged conspiracy, and We will prove 1t. Those wAo
ought TO have been ashamed orN
FOSTERED AND MOTHERED 1T,
and they pretend 10 be reputable people before this
community. Are we not entitled TO ask each Juror
he o1ers himself whether, IL ne Is called upon 70
bow 70 such an image, he VIII scorn and retire from
the ideas care not whether 1t Is an
IDOL OF BEEcHEH OR or FRorAlNGgAM,
Interested 10 this prosecution to which he m asked
to do reverence hero. Arc entitled to ferret
out whether there Is that In his mind which would
DO HOMAGE TO CRAVEN rxAost
We take the ground, ana VIII put It before this
ARRANGED from the start. and that those
VINO ought 70 have been ashamed 70 par.
in IT, bat endorsed it IN ms most and bare
faced manner. THIS connects Itself with what mas
70 come hereafter. THIS woman nad no cause to
Q single word OF cause against him. We not only
mean TO challenge them, but We mean TO compel
them TO go Into
THH TEARFUI. IsSCEs
OF this case do not speak precipitateiy nor with
out dcliberatlOn. l have seen the evidence and
when 1t u placed before this community
IL WILL APPAL ~
we are entitled now 20 ask our Jurors whether II
thera IL an linu2e made here by the hand OF man
whether heJ Baye got W DO reverence to 1t In
order to
SUSTAIN THIS ISfQUlTY.
a nj nrro
enough to rise above anything Ike geDueciion TO an
object OF human creation. submit II is time enough
for the prosecution 10 hem ug In with their oh
jectons II they do not consider our course oh.
jecnonab.e protest with all respect against the
court volunteering any objection ngalnst US.
TEls revelation Of the line OF defence which The
defence intend 70 take in the trial produced quite
sensation IN the court The Recorder however
persisted In hs refusal to allow the Juror to answer
the question which had been put to hiia.
Tne juror was then peremptorly challenged.
ONE OF THE EFFECTS OF THE WAR.
Solomon b. Wilson Eighteenth ward, was then
called.
Mr. Ceary--IIave Won formed an oninion as IN tho