The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-20
Knownothing Jurymen Wanted-The New Panel
Of Two Hundred Exhausted and the Right
Man Not Yet Eound-A New Panel Of
Three Hundred end Fifty Ordered.

and dull.
The new panel was brought in by Mr.. Joel
Stevens. the Under sheriff, and the ballots were
placed in tine box. A few turns Of the wheel
sufficiently mixed them satisfy the clerk, and the
names OF the summoned Jurors were called.
Mr.. LutherY. Diler, druggist, 42S Fourth avenue
was the first gentleman who passed beyond the
ordinary preliminary questions; there seemed
probability that he might snit when II was ELECTED
by Judge stuart that he believed that the crime
was murder and that Foster did it. This was dis
qualification, and he was set aside.
A long, weary list was then called over, all the
gentlemen answering to their names In that list
proving to be unsuitable, inasmuch as ;hey had an
opinion on the case.
Mr.. EDWIN H. BOUGIirON
clerk, $40 Third avenue, had not formed any opinion.
He had heard it talked about, and SAID 1t was das
tardly affair. He thought no opinion could DC
be formed except on sworn testimony. He felt that
the impression conveyed on his mind by what he
had heard was Indignation, ana did not amount TO
much beyond that. That was1the feeling he III pre-.
sent had towards the man who killed Mr.. Putnam
whoever he was he had no conscientious scrupies
IN finding verdict Of guilty where the sentence
would be punishment Of death.
Judge Cariozo found thar The principal challenge
was not well founded
MI. BoughtOn was examined again by ex-Judge
Smart the challenge by jurors, and said that the
impression that was upon his mind would not con-
troll ms Judgment. He should require evidence De-
fore he hal an opinion. he did not know what was
the character OF the crime or the degree OF It's c1n.
inality In reply to the District Attorney he said he
nad no bias eJner for or against the prisoner and
had relationship with the prisoners or Mr.. Put
nams friends. lie certainly knew OF nothing that
would prevent him giving iar verdict If ne were
selected as Juror Before he was referred to the
trers Mr. Bartlett and Mr.. Assistant District AttOr
ney Fellows addressed the two trlers and cx-Jndee
Stuart and District Attorney Garvin the Court On
the law. The trers, after short consultation, re.
lected Mr.. Boughton. Another bundle of ballots
!, Vrn nf @
stantally the same questions and the same answers
was becoming very wearisome, when the proceed
Ings temporarily enlivened by the cheerful re-
Spouse oil gentleman OF the name or
MIR. STEPHEN ENGLISH.
This gentleman was an editor In reply TO mqul-
res OF ex-Judge stuart he eplied In rather Jaunty
pleasant manner. that woke up everybody from
his assitude, that he mad formed no opinion at an
about the death OF MI. Putnam He had heard IL
talked about, and here Mr.. English seemed 10 take
everybody into his confidence and III a pleasant,
chaity, familiar kind OF way gave his reasons Tor SO
lot read much, and therefore had not talked about
1t TO any parties.
Stuart, and, after short pause. Judge Stuart
said:--"May | inquire, STR what journal II Is you
edltf''
Mr.. English-Oh, yes, Sir; II is the Insurance
Times; Ii Is an insurance journal.
This was such n collapse or the pent-up eXpecta-
tions OF tne audltory--who, having live editor
before them, concentrated their gaze upon him,
with the expectation OF some wonderin, reveal reveal
man was the editor OF the insurance Times, there
was q suppressed litter anu q smile all round
addressing Judge Stuart, said:--"I hope there IL
nothing wrong, cir, i'll mentioning the name OF my
paper ! nave my office IN maroe building IN
There was another smile all round at the mention
OF the marble bailding and when Judge stuart had
recovered his gravity he repied:-"Oh no. sir; we
are glad TO hear of the paper. Pray, MI. English,
do you read any other papert'
laushtcr My sight Is so pad mat can only write
Tor 1t. lake from the daily papers all matters re-
Ex-Judge Stuart-Fanly man, Mr.. Englishs
Mr.. English-i am not gentleman OF family; |
Ex-Judae Stuart-Not native OF America, |
presume
Mr.. English No sir; ! have lived here eight
years. l am voter. ! have been Ave years in the
ward.
Ex-Judge stuart-Naturalized, Mr.. Enpllshs
Mr.. Englsi--O yes, slr, many years ago
ExJudge Stuart-haye you ever served as Juror
on criminal trials sir.
Mr. English-Not In this country, but IN England.
Ex-Judge Stuart-You say yon have not talked
about this case TO any one.
Mr.. English-Only few words, sir. ana read q
Albany, and my time has been iuIy occupied with
my business there.
that he had no conscientious scrnplcs az to the
death punishment
Mr. English was challenged by the prisoners
counsel, making the sixteenth pcremptofy challenge
exercised by the defence.
A few more were called and those who
answered were set aside. a recess was taken of
three quarters OF an hour at one O'CLOCK nearly one
half the panel being then exhausted.
Alter the recess there was a continuous coming
forward OF candidates OF respectable intelligent and
gentlemanlv appearance. All these had formed
opinions and We're set aside.
Mr. ". r. sands. q wall street broker was one OF
the gentlemen who seemed likely TO suit the jury
BOX. lie knew very little ana had read very little
about the he had not heard even any opinions
expressed by Others he was not in the way OF hear
ing or talking much about 1t: he had wife; he did
not believe every thing he saw IN the newspapers:
assuming what he had read TO be true r. haa an
opinion.
Judge Cardozo--Assuming the facts TO be true,
nave yon now an oDiniony
WItneSS-les nave.
Judge--Stand aside. sir.
Mr.. Theodore Scrr was subjected TO q long ex.
alnination; he seemed 10 be sufficiently ODylous Of
al the circumstances connected with the murder to
qualify him juror, when, IN response TO ques
ton asked by prisoners counsel, he said that he
considered that the crime was murder In the first
degree. This was sufficient, and ne was ordered TO
A long array Of gentlemen were next subjected to
an examination, but none OF them got beyond the
preliminary questions before they were rejected.
Mr. Andrew J. Ctrne. photographer, 2l5 Fulton
street, had very narrow escape OF breaking the
was unprepared with any opinion In the case. IL
lie assumed the facts TO be true as In the newspa-
pers ne had no opinion as e whether roster aad
nam WAS killed by some person. He had an impress
SION thar the man who killed Putnam mad commit
ted some crime. lie did not know whether 1t was
Foster not.
MI. Cornell was submitted to the triers, without
any address from counsel, and AFTER snort consul
talon he was rejected
A lew more names completed the panel and Judge
CardoZ0 announced that he had ordered new panel
OF $50 Names and that the court would be adjourned
to proceed with that panel on Monday morning at
hall-past ten O'Clock. He regretted very much the
that the eleven jurors already sworn
must necessarily be put 10. He could not allow
them 10 separate. Everything that could contribute
to their comfort would ne done Tor them. The WIS
dom Of ages had sanctioned this practice, and he
could not take upon himself the responsibility OF
It, IL was no fault OF the counsel on either
sde hut attributable entirely to the peculiar extgen
cies OF this case.
During part OF the proceedings In the afternoon,
City Judge Bedford occupied u seat on the bench.
ANnVHER CAR FIGHT