The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-18
THE PUTNAM TRAGEDY.
Waiting for Jary-lhe Trials and Difficult
ties Ct Empanelling Desirable Tales.
Hen Who Know Too Much and Men
Who Know Too Little.
NINE JURYMEN OBTAINED.

eliminated from the court room where the Putnam
murder trial Is held all signs OF excitement AT ten
O'Clock yesterday morning. when Judge Cardozo
took his seat on the bench there air OF LASH
tude and laIguor about the crowd OF
gentlemen who filled all the available
seats IN the court room. Now and then petulant
remark might be heard as 10 the stupidity Of the
law that required a Juryman TO be fool.
Shortly before the proceedings commenced bcvy
OF ladies occupied the usual seats assigned them;
but there was not enough excitement for the gentcr
sex. ana shout Twelve o'clock tney gracefully re-
tired.
At haf-past ten O'Clock Foster, with his hands
manacled accompanied by two very gcntlemanIy
looking deputy sherins, walked across the court
ROOM Alter taking his seat his hands were released
from their very undesii able confinement and he.
fore the name OF the first juror was called he
took his seat by the side OF his counsel.
ex-Julge Stuart Foster maintains the calmness
and frmness that has characterized him throughout
trial. though 10 care III observer IL IL evident
that the frmness is bur superficial and that under.
meath this calm exterior he naturally carries an
Undesirable anxiety.
Tie Result ei yesterdays proceedings was the
addition OF two more jurymen, both very eligible
men. Three more are wanted, and 1t is expected
that they VIII be secured in the course of to-day.
MR. ROBERT USHER, JR.,
was gentleman oil very Impressive appearance.
lie was fair, fat and probably forty. He mad we'll
set head. with surrounding OF iar hair and English
cut whisNers His expression was Indicative OF
good temper, common sense and a thorough enjoy
ment oil the good things OF this life. Before he took
ms place in the witness chair he looked around the
court, held his hat in his hand and seemed rather
perplexed at the novelty OF his position. There was
agencral whisper around the tables that he would
be suitable juror and numerous prophecies
that he would JOIN the jury-a prophecy that was
certainly iulnled. Mr. Usher. like nearly all the
summoned jurors who had been before the court,
replied 10 the Inquiries OF counsel that he had an
Impression as 10 the case, nut that lie had formed
no opinion as 10 the crime or as TO the degree OF the
crime. He was pressed rather closely by District
Attorney Gar,in en- this pons and he said:-"I
have not come 10 conclusion "a to the nature OF
Tie offence. There is an Impression UPON my mind
that res er killed Mr. Putnam.
The District Attorney Have You any conscen-
tious scrupies ABOUT bringing IN Q verdict winch
would result IN the punishment Of deatas
Mr.. usher-I have not.
The District atorney-I challenge in favor or
the JurNnlan. 10 MIR. Usher-Have you any ac-
qaainance with the prisoner or his friends.
nunluer OF questions in this direction OF INQUIRY
were aske, by The District Attorney and the replies
answer:-.I stand clear or all impression or pre,u-
dice Tor against the prisoner m all respects ex-
cert thai .e.ieye Foster aisled utnani.'
The Gistr q Attorney ould you you sat on the
jury be governed entirely by the evidences before
Mr.. Usher-Yes, think would
District Attorney Have you any bias for or
against the prisoner other than what you have
Mr.. Usher-I have not.
District Attorncy-Would YOU give an impartial
Mt Mr. Usuer-yes.
Both paiues were satisfied, and there was evil
IDENTITY ieeling o congfatuiatiou around The court
that Juror mad been rouni 50 early IN he day,
when there Was sudden pause by the Juror turning
90 the .udge and renlafkiDg itMiii bs lncOuveneuC
Tor me 10 serve. nave any business 10 attend to.'
Tile iud, e-l on must be sw ofu, sir.
Mr.. Usher then look the 0atn, and moved, anpa-
renty very much disappointed 10 Tue Jury box his TEL
low JURY men welcoming the desirable act esSio with
The eeus hn ana no,
before occupied the Jury char, directing glance
10 .he Court anu 81 cctators which PLAINLY said,
ID hold a martyr.f
The following gentlemen were called. but we're
all leJectei Oh account OF freconceiyed opilions:-
Jacob Lewis. sidney II. Farcnlid, William c. Am
norman. Francis X. Simpson. samuel y. simpson,
Joseph Anter, Isaac NJ Brown. Elijah 2. sheldon,
rabaR harris, henry MchaIly, Frederick a. Morgan
John Hooper, Frederick Stanley Jr., George ~ Halt
Peter Hines, Solomon Caughnan, Gustayus Schan.
MR. JOHN l.. ERABOYN.
manufacturer ol furniture poAsu, US East seven
teehth str e. looked likely man. and there IS M
doubt ne would nave gone 70 the Jury box; but In |
10 somebody, ncighbor OF his, yesterday about the
tIiaI, ana that was sufficiently suspicious, and the
Mr.. Branoyn SAID thar ne had formed no opinion
himself 70 the case; had heard opinions expressed
by others; was quite clear that the evidence mad not
left impression upon his minu TO the guilt or
the inn0cedce OF the prisoner Those whom nc had
Freely some Of them were Tor ynching Foster right
away. lie had read the evidence ut the Coroner's
inquest, but II dId not produce any Thought upon
his mud Us 10 the Innocence 81 the guilt oil the
prisonei. In reply 10 the District Attorney Mr..
Brabyn said that he had no conscientious scrapes IN
giving verdict tnat might result in SEN
fence of death. lie did not know the parties
on Gather side. He had not sal as a juryman on
criminal case. He would be entirely governed by
the evidence that mIghl be presented 20 MIN. lie
lad formed no opinion ~ all lie thongl.l Putnam
enough show this. lie had no views. He was
only anxious 70 give the man fair aud impartial
trial. He id not know where either tue prisoner or
ms friends lived. person mad asked MN whether
nc was suppmnaeu as Juror. lie replied that ne
was. Mr.. Braboyn was then handed over TO the
irers; ana, ai.er short consultation, the foreman
OF the jury addressed Mr., Braboyn and said.-"Did
you NOT THINK il was strange question 10 inquire
whether You were subprnaed Oh the jury 2!
Mr. Brabyn-No. meet the man every day
Foreman-what is HIS nameS
Mr.. Braooyn-Mr. Waldetger
The tri RS decided the jUra man incompetent and
EXCUSED JURORS.
william o. Linthecum, Isaac Levy and Frederic
NEWELL were excused, having liked oplniOas.
Mr.. Charles ii. Blackhurst, "a stair builder, resld-
Ing nc l2olh street Harlem seemed likely to he fixed
on the jury, but after long examination ne was
peremptorily Challenged by me prisoners COUNSEL.
lie did not take newspapers regularly; ne had no
preference Tor one newspaper over anotner, lie did
know any OF the parties on either side lie gen.
orally read The HERALD, sometimes the sun and
occasionally the Times; those were the only three
newspapers he read; had read the HERALD the last
TWO days: saw the proceedings OF the Court Ia yes
terday mornings paper; had not read about the
case Until the last Two days; he had been very busy
about otner Things thai was the reason had served
as juryman criminal cases before; mad not
formed any opinion as TO the quit or innocence OF
the prisoner; had no conscientious scruples In
.erIng a verdict that would involve sentence OF
DEATH In reply to Mir. Bartlett, he said thai he saw
IN The papers that Mr.. Putnam was murdered by
hook; he did not know where the killing Was
done by whom.
Prisoners counsel challenged this gentleman
pcremptorily and he was set ASIDE.
sir. William II. Lawrence, Mofitz ". Goldsmith,
and John L. Blauyelt had an formed opinions and
could not change them; they were, therefore, set
aside.
JAMES y. TBfMBIE,
Of East Twenty eghth street. was q hopeful cand-
pate the jurors chair but after an examination,
was found wanting and was set aside. He had read
several accounts la the newspapers but
his experience had taught INN not 10
place unllIaded reliance on newspapers. He
read nearly all the daily papers, though
he nad not read the Coroners inquest the Foster
case. Had no scrupies Of conscience ~ the
senfanco OF death MIR Trinble after this answer