The New York herald., 1871-12-07
JIM IRVING ON TRIAL.
A Striking Illustration Of the Late Style
Of Conducting an Election.
The MurderOus Assault on
Marshal DOwley.
Ex-Judgs Pierrepont Special
Prosecutor.

Yesterday the December term Or'she Cniteu States
Circuit Court opened at eleven O'Clock, before
Judge Benedict At that hour a considerable num-
Der Of lawyers and Of the puonc generally, with Q
large sprinkling Of politicians OF the ex-Tammany
stripe, were m attendance, expecting to hear the
developments to be made on the trial OF Jim irving
OK Member OF Assembly who Ia indicted for violent
assault upon Deputy Marshal Dowley. The irrepres-
uib,e sim himself was, OF present, looking US
Mt wossid please him 20 put French roof on Inc
Distrsf ATTORNEY or any other man. He was repre-
sented'by ex-judge Fullerton. MIR. Charles Dononue
ana Mr.. Charles s. Spencer as counsel, ana ex-
Judge PierreponG appeared as special Dlstrict Aor
ney 70 conduct the prosecution, with Mr. Davis and
Ar.tPurdy rs assistants. o
OPENING PROCEEDINGS.
District Attorney DAVIS said that under the pro-
visions OF The Judiciary act, the Attorney General
had appointed the Hon. Edwards Pierrepont special
attorney ana he moved that Mr. Pierrepont take the
Oa.hs. aH.
Mr.. PIEaREPoNr accordingly took the oaths.
The CoURr-Have you any criminal business to
move Mr. District Attorney
The DISTRICT ArToRNEY-A large number Of cases
! move this morning the case OF reu
THE UNITED STATES vs.. JAMES IRVING.
The CouRr-It s the first case on the calendar.
Call the defendant.
Mr. FULLERTON, one OF Irvtngs counsel-we are
ready.
Judge BENEDIor then called the criminal calen-
dar.
MINER THE ALLEGED ooUNrERFEITBR. sEt#
In this case Mr. Phelps, or counsel for defendant,
said that should be ready for trial but there
large number Of witnesses to be brought from o
distance and he did not wish them to De brought
here unnecessarily. He asked the government to
name a day for the trial. CHl
Mr. FULLERroN-we are reauy to try the case II
ne pOyeramant will a particular daY.
After some further discussion the District At
torney fixed Monday next for the trial OF the case.
SWEARING A JURY. tet r.f
Mr. Stjlwell, Deputy Clerk OF the Court then pro-
ceedcd to cali and jury for the trial OF Jim
Irving. aG4t9@ IN sa sa #es4rf
Mr.. Bapcock, the first juror called was questioned
to whether he had read OF TINS case and come to
any conclusion about it. He said. IL have heard OF
the case though did not so into the details, and
have formed no opinion about It." He was sworn.
Mr. sladc, the next juror, was similarly Ques-
nonel lie SAID he had seen an account of the thing
In tho papers, with heading, but did not read 1t
snd had formed no opinion about It. He also was
sworn
Mr.. Gregory. In reply to similar interrogatories,
said he had heard OF the case, but mad formed no
opinion or impression about it. Sworn.
Ai. Gale was questioned In the same fashion and
gave answers the same as the above. Sworn.
s1 he eas ct .hs % a 10
having read II. lie had formed no opinion on 1t at
Mr. Gage Mr. Goodall, Mr. Page, Mr.. Douglass,
Mr. Kalney and the other jurors sworn all gave
answers exactly the same as those brought out BY
the iuterrogatories 10 the other jurors.
NAMES OF TIE JURORS.
Kingman r. Page, Edward Gage,
William Gale, Francis Goodan,
Jarvis Slade, Couverneur NJ. Rainey
Samuel ID. Babcock, Eectus Ramsdale,
clement Jewell Selah Il. HILL
Mr.. PIERREPoNr OPENS FOR THE PROSECUTION.
Mr.. PIERR gPONT stated the case for the prOsecu-
uon. He said:-n Your Honor please. it is ht tnat
should state how It happens that appear this case
been 1t was expected this case would be tried
several days ago before Judge Woodruff My friend,
!ne District Attorney juaTe oio Days was 70 have M
family In the death OF his daughter. lie was called
away from his ONCE and he sent one OF his assist
ants asking II / would try the case In consequence
Of that aficton. agreed TO do so, and he sent 10
the Attorney General for commission making my
appear In thls case The case now present TO you
Is one very rarely presented to any jury. hope 1t
u the only OF The kind tnat has ever been pre-
sented TO q Jury. Indeed, hardly knew OF such
case before. You to try the prisoner for
warrant OF the United states Marshal, ana beating
the Marshal who had taken the prisoner near unto
e 80 s dS no nj e
would live The Marshal who was beaten In the
discharge OF his duty viii be on the stand He Is
long Years. lie took the warrant under the direc-
tion Of This Court to arrest prisoner charged with
crime. In q gentle, mid way, without violence OF
any KIND, ne took the prisoner TO bring hmm before
magistrate. The prisoner Is taken from him, and
death The prisoner rescued Is still at large,
although we viii show you that every effort to find
hlm has been made. The rescued man has peen put
out OF the way. and the Deputy Marshal was put
nearly out OF lie. The prisoner Is named James Irv-
have heard Of Jim Irving and you viii hear more Of
MIN In tnls trial. ! never SAL him until within tho
BY counsel anu he is now here on trai fot rescung
prisoner from the custody OF tho Deputy Marshal
and beating the Marshal almost TO death. The
Crime is made a mlsdemeanor by statute and the
punishment Is exceedingly lght for 1t was not be-
heved when the law was passed that criminal
might De taken away from the Marshal and the lat
ter killed or nearly In this case you Will have
the witnesses here who saw the wno.e OF this affair.
You will have the warrant before you and you viii
have the Marshal before yon who was serving 1t.
lnere is no mistake about the warrant or the Mar.
Bha or any OF the facts The warrant which now
show you is the one that will be given IN evidence.
II bloody one. 1t Is covered with the blood OF
the Marshal, who, In an honest mode, was irving TO
serve 1t; mat blood was drawn by the prisoner who
Is now trial before you. When the evil
s IN 2o anG gou al w ne be asked are 10
whether the facts are proved as charged IN the IN
aictment. There Is no dispute as 10 the facts, 20
signed 1t or whose blood is now upon It, There will
be no dispute about the man who committed the
decd nor about the place where II done |
shall prove 10 you IN the beginning the correctness
Of This diagram -tex xhiptlng dagram,-wnich
The diagram was taken on the ground, and you
may be sure II Is quite correct Counsel then
avenue and Fifteenth street by building or grog
snop, opposite to which the outrage occurred. The
building, lie said, was occupied by man named
Owen Geogheg IN, anc he was the man whom tue
Marshal arrested under the warrant alluded 70, and
Owen Geoghegan was the person rescued by jim
Irving, who beat the Marshal. Geoghegan kept the
grogsnop on one corner, and by looking at the dla
gram the jury would see that at one corner pubic
gas lamp stoou, at another corner anothcrlamp, and
pt another point another lamp, all being lighted.
fne hour at which the outrage occurred was be.
tween nine and half-past nine 10 the evening. On
Avenue side was all entrance 10 the liquor store.
There were three large glass windows, one OF them
opening down to the ground as q door, ana on the
Fifteenth street side are three windows, and at the
black place on The diagram Is door entering The
building on Fifteenth street, near Which is lamp.
Al this point, near the lamp, Jim irving and three
companions drove UP IN carriage. The Marshal,
with three other men, were standing on the corner
for the purpose OF finding Geoghegan. Que OF them
did not know him but they were told that at nine
o'clock GeogheRan was TO he there TO keep an ap-
poiniment with Jim irving. They consequently