New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-05-16

will order new panel egret because satisfied
hat nv duty requires me 10 IN the box and mas
from the moment they als already mpaneed 4 wCnd
npeI their being withdraw might happen
brief H' is the right OF The prisoner to nifrP0s9
fhs challenge Being tonorrow morning at II
S S'siecs consultation the prisoners counsel an
After pr thew withdrew the second ground OF the
nouncea ia the array and insisted upon the first Judge
the first ground and granted them an
can,iop In his ruling. A few moments delay ensued
% Clerk was preparing the ballots for the panel
f Of 800 had dhs sse %e thoroughly mixed up Of
names commenced The frst was Bnrri1e w mob.on
Henry Gieschen the next called, had formed and
expressed an opinion. as had also Francis j. Wyatt
The case had talked himself about it, and read about It,
Judge so Have you formed OF s expressed q. az e.. oPR RS ra
bsve onion far as stands to-day have an opon
o %oua require any testimony III think should
be DIT bound 70 listen TO The testimony ~, o .,o,r,v 70
the testimony judgment of i'll If recognize my OATH Sir
You are quite right bu. have duty to Perform in putting the
question: think would Sir and am content, ,bo third
Mr. HOagand was accepted ana sworn as the tnlru
juror, O,,-.,- Va, claim ,oson, Mona.
ham, VIM b. vondersmth Christian H. Smith, and Her .;T
man Cohen had each formed an opinon when they SUN
retained and each in turn directed TO stand asde
Charles y. Tooker, Who was acquainted win MI ru,
man, was excused. Thomas Alton had formed no opinion
though he had read pretty Se m ,S he had read
had left no impression whatever upon his mind Chaf
lanes A. Dorman did MT know that he had formed an
opinion; had read but little about the case except the
headings in the newspapers, his eyes being weak
Thought ne had an mpre sson, but not opinion as to
the prisoners guilt or innocence. ,, . .. ain,
O. By the Attorney Have you any impression on our ma
Of require testimony plGn yOn at As 1LJr
would YOU be controlled ennrg p te spoe ~ @
controlled BY what should hear
alter, think could give impartial verdict far Judgment went
& Ds s51 q dS Ii''s dDD Know Sns
go that Foster killed Putnam from what have read and
The question of the jurors competency was left to the
trers Mr. Bartlett Temarng that II evidence was not
re1uired to remove impression from the Jurors mind,
what was going to remove ~ NJ ,,o .o,.o. anita
mn 70 the standard II in doubt upon that sub
ifct We think should give the prisoner the dement,
Edwin Booth was the name next called hut no re-
Spouse was given Sidney j. Carroll, Graham noungs,
and Andrew oder had formed opinions; jacob Helne-
man and Abort Terhune had formed decided OPINION;
John Donovan, Mathew Hethrick, John W. II. Aman,
Jacob Berry had formed opulons Hiram u Rogers
did MT know that he had formed an opinion. -.
Judge SusCan have not formed any A. NO. e4n'
you have read md beard, that yGq have
fC Jadse stuart-The answer {, improper
Judge you opinion that the killing Of Foster was Grim
iHi The s.s ao ns, nS yea feel entirely the
prisoner and the PEOPLE that could render an impartial verdict on
M judge stas-s1e ycn impression from al have gathered
degree Of homicide the law ami in fact A. think have
Mr. Rogers was accepted, aud sworn as the fourth
John Garlic ir. had conscientious scruples about the
death M an and Sws had formed
ions John Brtine had not only formed an oPon' put
entity" VIM Barden had formed no opinion, had no
conscientious scruples, No; not blt ana nae no par
ticular bias OF Impressions had spoken nothing par
tcuar about it: had thought nothing particular aS 10
ea so m~ber What ycu houghtI thought
blaine course would take evidence to satisfy me be was limo
The triers found the challenge for favor true, and Mr.
III, 7 ohn
John b. Bristol Preston ii. Hodges had formed opnions
and Hodges thought his opinion could not be changed
Judge stuart ere)-DO you that have formed
S SBG mott be- . rsahf ' Ny Impression row that my Cn eca
~ The he c c9GIt do not sccep.hiui
The District Attorney (Hng thought you wanted the juror
Theodore Parke Bucher was called, and the name was
responded to by Frenchman VINO couldn't say that he
had formed an opinion in the case and subjected
long examination upon a challenge for favor He had
would RELY on the evidence-not what he had read
ExJudge stuart addressed the trers at considerable
length contendng that the juror disqualified. He
followed by Judge Garvin who insisted strenuousy
The triers we're delberatng together upon the ques
ton, when Mr. vandervoort, the Clerk, whispered to
jurors name not Bucher and that he had mistaken
that when called, for his own. Judge Cardozo on
nerrogang the juror was informed that his name was
Adolph j. Truchsess.
Judge Cardozo-This man has answered for another
individual and am sorry TO say That all the learning
displayed by counsel in reference u his competency
lost lLaughter 80, ,,,,,,, a.
lanes NJ C. Martin, Nelson NJ Beckwith, william OK,
Richard Terhune, julius Stitch, Edwin b. Orcutt Edwin
Einstein william Abbott, Putnam Conkin, and Thomas
HodgsO had formed opinions requiring evidence 10 re-
move Samuel Dowding had heard or read very little OF
the affair." and had talked scarcely any at all about III
had formed opinion to the guilt or innocence OF the
accused. Mr.. Hodgson wac accepted aud sworn as the
NTH juror. .,,.,,,- :, m, l..
Samuel b. DANA Leon ID. Deb0st William r. Taylor, Jr
Wallace Il. Green, William Campbell and Isaac L. Car
pcnter had formed opinions, and were declared dis
qualified.
At O'Clock, Judge Cardozo said he would stop for the
day as counsel not prepared to proceed further
but on the he would come himself ready to sit II
necessary all night, until the panel was exhausted
until the health Of counsel would render 1t necessary
10 have stand until the next day. Proyi
sion would DO made for the comfort OF the jurors but 1t
was necessary for them to be kept together He gave
them an admoniton not to permit anybody under any
circumstances to address them, and II anybody at
tempted to do 80, it their duty to report the matter
Immediately to the Court that means might be taken
for the punishment OF such person. The Court then adj
journed