The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-11-12

should be on the jury to Try her, ne would find her
that il she was not convicted, "You know hundreds
o. men living here like Crittenden would DO shos
Now let me snow you what this same Littiened
SAID Wnen being sworn on his r0i1e dh'e:-"l heard
tne aatter talked OF pretty freely at the time; DID
think or recollect that formed or expressed de-
cided opinion one way or the other; Ihave formed
hear something to counterfeit it, you might con-
slider it SO; nave an impression that would require
read as 70 Sn gave as much credit 70 wna:
cannot say whether accepted 1t as true or not;
tnougnt the accounts In the newspapers about tins
my mind is now formed. that she was justified in
ai n, nim It would take evidence TO remove that
NY counsel challenged this man FOR implied bias,
ana tnen the prosecution put these questions:-
y: now ask from what YOU have heard. or any
nave formed an unqualified Opnion-lhat is to say,
airect positive 0pnon-as to the guilt or Innocence
Wnereupon the Court denied the challenge, and
we mad TO accept MIN, as we had to three diners
attorneys had nerculean task which they could not
perform VIZ :-instead OF free unprejudiced minds,
as the Law requires they had frst to disabuse the
minus OF tnese Jurors Of settled conviction, and,
as the an1davlts show, predetermination TO hang
me. ny counsel OF course, took an exception 70
enty-dve points which he has for the Supreme Court
The AFFIDAVIT OF Mcnamara shows he-tnis Little.
tendon against me- ana my counsel was right IN Oh
jecttng to MIN; but ne not only formed and ex-
p5esssa ms SPn n6 a ana nd also his mention as to
Court that he was bfusa man. not ii to st on n
S anS a wc%an no. q s n
neither by birth nor education. he being an tterate
German Jew butcher, and hed been for twelve
years; out then my jury was an exceedingly mixed
AFFAIR, anyway-ihree Germans, three jews four
Americans and Two Irlshmen-quite credit to the
United States, Tor this Is what they call trying an
American by her peers; and let me not forget 10
state the fact that three Of these jurors were BUTCH
ers, and don't suppose ever knew that woman
beasts Of burden, Is be used for the animal com.
forts Of man, as the following affidavit VIII iully
1eing duly sworn, deposes and says:-I know D. G.
Lltteaed; have known hum for about twelve years;
first knew him at Marysville; that on Saturday,
June 8, A. ID. 1871, he. this afiant, was passing
through the market OF which he, the said Lttlefeld
market; called HIM by name, Lttefield; asked
him n they had granted new trial for Mrs. Fair:
fenced 10 be hung by the neck on the 2Sth OF July
next and, God damn ner hope she Will suffer IN
nell Tor thousand years. he appeared to be very
much excited, and turned away from him IN dis
gust
Does this not give you an insight as to what
me to the point to when wished to call your at
tentlon regarding the papers here-that Is, the
A dax,, Ba a cau ana on9oe when this am,
among those lecherous attorneys Of The San Fran
cisco oar; ana these four apovenamed papers, fear
Ing, suppose, the effect Of such an exhibition OF
brutality against me, upon the community at large,
and being as believe: subsidized to do all against
me, suppressed the scathing remarks made by my
attorney upon this matter and CLOSED it over as
best they could. called the attention Of my coun
sci to the fact that what Mr. Campbell said on the
ted. He said he supposed 1t was accidental where
upon | got the four papers and compared them
left out, proving, to my mind o combination, par
tcuarly as eacn Of these papers had their separate
reporter In The court room all the time during the
Now, will say few words upon the Juror, Henry
A Beach. He swore on his rtore dire, after the
usual preliminary questions, as fOllOws:-
Commission merchant at 500 Battery street.
q. What 10 your firm A. Henry A. Beach only.
Y. You are alOnef A. Yes, Sir.
q. What is your native States A. New York.
g DID You read the newspaper account OF this
@ in what paper did you read It, A. do not
shst Tesd Il IN the ouna ING
place where was
g Where was mat A. Truckee. California
No, sir; | had no conversation with any one about
IT.; they were strangers.
encef A. Very little. II any.
Q. From what you nave read or heard, or both,
guilt or Innocence OF the accused' A. have NOT.
Q. Or expressed 0nes A. have not.
you never had heard OF the case At alli A. It is
O. You could give her fair trial, then. A.
Mr. Campbell then asked him this question:
O. Do you know the defendant or any OF her familyf
And 70 he was accepted, and we thought we had
q splendid juryman. commission merchant all
alone, 100; never mad formed or expressed an opn-
ion DIDN'T know me, and OF course never had sand
he dld. Wen, well / How could We, after SO fair q
representation, dream OF such facts existing az the
Following aiidavits show. from persons in Truckee,
ali OF them entire strangers TO me
Mrs. Mary Z. Burckhalter, wife Of Q merchant IN
Truckse; Mrs; n. E WEIGH, wife Of the Landlord
sCian who attended beach through severe Illness
in Truckee; Joseph H. Steinart, 4 clerk for s. B.
Wes Mes whe eGs' xso
Beach IN his illness, and w. II. Wells, all OF Truckee
SpS and
OF the following expressions relative to tho snair-
Tnat II he was to be the jury he should consider
the woman treferrins to Mrs. Fair; that he consia
cred IL wilful murder; that at the time he the SAID
his hsnd and had
been reading an account OF the shooting; that the
mater ann e q nS sho0 sn ana the
Burckhater in her affldavit) were fully and freely
discussed in her husbands store when he, the said
Now, though the prosecution sent to Truckee,
they could not get one single AFFIDAVIT
and ali they dId get was an afdavit Of man named
Bell who only said he had not heard Beach say any
thing Of this kind and then this same Bell sent my
who had given their affdayits against Beach. ana
tnat they were people Of the highest standing In
Truckee and that he would believe them without
question. Then Beach gets some dozen af1davlts
here In the city, to say they would believe him un
der oath; then sends IN an afidavit OF his own, In
which he proves himself out . most unmitigated
liar. That word seems TO be tabooed, 80 far as
ladies are concerned; but what can l says Must I
say storyeller That don't SOUND right 80 I'll e'en
let 1t rehabilitation that's what ne was, ana to
prove It here are his sworn WORDS.
HENRY A. BEACH
beng duly sworn, saith, when he was summoned as
juror In the above cause, he earnestly requested
Il hartn San
Francisco to omit his name from the panel; bus
that sheriff White recommended him to apply to
the Court; that thereupoR he went TO the
HOMO b. II. Dwinelle and represented TO him
that ne, deponent, was entirely dependent
on mis- business for his living, and that ne was en-
Of bItters known as Pipifax btters, and earnestly
requested said Judge TO release him; for, II he
position and be wholly destitute OF hieana Where
oh where u my commission merchant 800 Battery
street. all alone BY HIMSELF