New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-04-06


Nr. Gransm.
O. You have heard of this easel A. Yes Sir
O Have you formed and expressed. or formed or ex-
pressed an opinion she subject OF the gult or nno
cence Of the prisonerl A. have. Sir.
BY Judge Garvin--Is your opinion OF such charac
ter as would require evidence to remove tf A
should he governed by the evidence entirely;
q. Would you fnd verdict of guilty II the evidence
inst,fed in A. think would.
Nv Mr.. Graham-You stated that you had formed
and IF s T nj or innocence Of this prisoner when
did you form that opinion A. AT the time OF the occur
O. Was il an absolute opinioni A. No. Sir formed
it from what ready in the paper. -. o,,r,or and
q Did You express that opiniOpi A. cannot say
that did; might. though
O. What papers did you read gencrallyi A. The Sun,
O. Have You never been party to any conversation
which this matter was talked OF since You reaa tue ac
COUNT A. cannot recOllect that took part III IT,
Q You are a married genemani A. Yes, BIZ
q. Wtha famiyi A; Yes, sir.
q Do to say that You are entirely Without
impression on the subject OF TINS casei A. Not ,
more than what have formed from the reports oil the
o. There is an impression then A. Yes, Sir
O. Well II you were render verdict upon that I'M
prsson or could you render verdict upon that impress
SION il nothing further brought TO bear than what
ALREADY in your miudi A l do not know that would.
o. fyou TO into the jury box and you were
the papers or outside. could render verdict
A No: SIR. not without the evidence: bind, va. Cir
O. You have an impression OF some RhCf a. pcs' Dir
win nov challenge you to me favor ,N,o n,isore,
o. Is your impression aVtrse 10 TINS pIlsoucI'
Mr. DAWSON, that won't do. -
Mr.. Graham-Yes, 1t Will do q. Have you an I'M
ETc's SSSc your min' iS'Or'O'' 10 ' p''0"''
q. Have you an impression in your mind in favor of
the prosecution A. No. Sir.
We take this Juror believing him to be correct
case favorable to the prisoner A. think have some,
BY Mr. GrahamIQ Have you any IMPRESSION on your
IN iP Torr best Snowease and belief with the redemption
of your oath a Juror. ~ you became juror A L
By judge Garvin|Q Yon say you have no impression
IN this in favor Of the prisoneri A From what
.. Aud that impression remains on your mind now
q Would 1T require evidence to remove that i'm
Yressiou3 A Yes Sir.
Mr. Graham-It has become my duty to examine this
Juror IN a very searching manner This gentleman
TO have that well balanced quality OF temperament that
this jury completed the earliest possible moment
and 20 to TSk won be- e to-
get jury In community like ours this Juror is not
species Of challenge the first of Which you gentlemen
trers OF the jury have nothing TO do with The other
which shall call your attention You are first to in
Qure whether the alleged cause Is true. aud whether
ycticn or bias on tho mind OF the juror Now It true
that this man has any bias Those transltory impress
The kind Of bias the law demands is something that is
settled and TO be disturbed. We never can get
Jury ON any other basis than that contend for.
Judge Davis-It Is upon our challenge that you are
Mr. Grsham-I am the plaintiff IL this motion, and
want verdict in this ease. and II they have got any
challenge TO this Juror. and these ters find that this
Juror not indifferent they (the prosecuten can not
come again. mean that this community shall for
themselves whether the defense sincere in what they
have said they desire only the best men this jury
standing under the pubic eye, the community will
whether those who represent nominaly their interests
Judge Davis-If your Honor please, the insist
that he is the challenging party He is asking the ties
concerned verdict should be against it. II stand
tho challenging party, agree that the juror ia not
Mr Graham-we accept the offer of the counsel that
the rers render verdict upon the challenge that IS now
Judge Davis-They insist upon the challenge. We ac-
cept and that calls for the verdict that the juror not
Mr. Graham-I am not willing that those triers should
give verdict that this Juror is Indifferent. :.
BY the COur-l seems To me that IT would be best TO
leave it TO the trers. and let them settle it.
Judge Dayls-Ihen you regard US as the challenging
B the Court regard that you have withdrawn your
challenge, aud that TINS is the challenge to the favor
Judge Davis-Tbis all grows OF the embarrassment
that is made by the challenging. Now party who
makes challenge 70 the juror Of course asserts That he
that thus mot we haEs nothing to s ssy
he stands indifferent and matter Of eonrse with;
draws hs P09n i ~ wcn ss he
sS Is Osos ne M %
take the affirmative OF this proposition that lie does not
MIR Grabam~T have the opening and closing Of this
We claim to be the leaders OF the law and order
Mr. Dayis-The question, the only question for YOU |
gentleman trers TO determine u.s. does This juror stand in
and impartial between the twol Does he before
you with his mind IN the condition OF blank sheet OF
paper upon which the evidence is 10 write tseff With
that question you to look upon the evidence given
the condition Of his mind. Now you observe that he
that he has Impression favorable 10 the prs
oner Does not that show that he does not occupy posi-
ton free from bias II he had said that his mind was
favorable the people and preJudlced against the
accused who would hesitate for an instant to say that
hat juror did not stand unbiased
sMr. Grsham-Now, gentlemen, there Is point to be |
made here because we regard as serious point Inc
aw presumes that Daniel Mcfarland Is innocent until
proved guilty The law that If he slew Albert
Richardson lac did under such circumstances as ola not
amount 10 crime, and the Court will tell you that |
prisoner Innocent until he has been proved TO be guilty
tral that that is ground OF suspicion against HINT
You have entered that box with the belief in your minds
that that msn is innocent Now, this gen. |
ueman says, 81 presume what the law pre-.
,umes" If he presumes what the law presumes |
why then he Is true TO legal presumption. IL you can
dnd that this gentleman has any bias in his mind when
admits you that his mind is within his control why
them me- gentlemen, that you stultify your
Bias something that you cannot control 1t
comes the mind, and you cannot get out You are
standing here the interests of the people,
aud interests OF this defense. that you have no
The COurt-YOu, gentlemen trers, charge you, after
rejecting upon the testimony given by this juror if you
that be has bras against the prisoner you must
say that the challenge ~ the juror has been sustained
On the contrary II You believe that he has no bias you
Jndge Garvin-win your Honor allow the stenOgrapher
~ read the testimony taken.
The COurt-NO, sir.
Judge Carvin3He has a bias against the prisoner
The CourtIt is for you gentlemen triers, 10 reject
apon the testimony that he has gwen on your memory
and decide upon the presented you the Teco
eCtiOn OF that testimony.
Mr. Grahani-I want your Honor to charge that the |
prisoner is innocent before the law and that this juror
holding him innocent as the law does. Is competent
The Court-I VIII charge your first proposition. but
ieGEne to charge the second.
Mr. Graham-YOu Will please note our exception to |
BY the Court-The law presumes that the prisoner is
innocent OF any crime Now gentlemen tIiers do your
The n brief found that the