New-York tribune., 1872-06-20

largely nom ,iS ~ disrusSed. ,,,..No,
Jnose Of the TO the pTepSr@btShh b to
WSre merely directory ana o I, lot sustained The
S t ront did not go far enough ~ l5CIIssoner of Ju-
me ballots ngv SSe Cerk was bound 70 write s Spt eS
seliots with his own hand 1 ~ n C,n,misoner there
were placed in the boy O5 '"0
might have been QueShon' ,.,. 80. sor,uel
s.s. a,st Juror called for examihauoh "aS o"
,,a-tuald Mr McKeon challenged him ior na'is
'oS an opipion on capital punishment, and oe-
.,t 1T,,s Iudqe Incraham denied, but, to
,,e consented 10 the Jurors standing ASIDE ON inc
,',eD, that he had expressed an opinion ON eapi'ai
punishment -. =. ,,.,,on.,ope
,as the next man called. He had no conscientious u
,les against finding verdict Of guilty where the pun
,s.,o,t was death He was asked the usual question
A., resard TO any acquaintance business relations no
cht have or have had with Fisk. Gould, Tweed lneo
dor Moss or any relatives Of the deceased all Oh "0h
he answered satisfactorily. lie was aoou' 10 r'Pg w
question rs 10 his belief that murder was 'onniu
when Mr. Beach made some nauGibe suggestion. INC
oppoudity was not lost upon Mr. Mcheoh' VINO a' 0A0o
arose and made the following speech;
may A. we'll at this stage Of the case, make my OBJ
lection 10 the private counsel ask them thVl arc hto
H. tSs authority of the AttOrney-Generalf II not, the
Court should xclude them. The first time sueh case
Ser was employed. Under the revised statutes there Is
provision that The Di irctAttoTney s6ali appear s al
ton Pie responsibility l. put upon INN entrey ne -
supposed to be an Spss pSrSmh m WestcS w on
f6nifo the rSsccrti m ana tried by the name Of
Hnapp who lad been charged with the murder OF per
On by he name OF Crowninshed. Webster brought
by The Attorncy-GcneTa Ihere Mas M sn WgSteys 2gSSS
made by tie prisoners counsel acgnst Mr.; MeDstel @
employment. Mr. cbser arose and stated that ne was
there al the request or tue Attorney G ynt
decided that inaslnuch TIE AtorneyGenera had re-
9ues,cd the service, o. i within the discretion
ID the Curt, Nr WeOster might ap.-
e1r % iso pgBc prosecior TSe daercHce between the
counsel IN this g. and NJ Webster rs TINS IheY 9 SI
both feed counsel private counsel without any Oncal
,tn ne Mr. Wcis,cr and they are here with ali
he imprtssis and power OF private counsel to carry
on this prosecution y Is matter OF discretion WIN
your Honor ~ fur,her and say that, under tae Re
yised statutes whero power Is given 70 the Att4T
ucy-Gcnora To conduct ~ he cannot 10 any way % HS
~" i. 70 Here IIS IN So%-YorE the position q
public prosecutor Is terrible PosnGn PnnDo.eS nv sDG
one that these private counsel viii show one particle OF
Drvate counsel H. eir pOczcs it is great principle
involved IN this Qe,'oh' non.! nls Ooep o,S9uSoJ
Bi-rSt.X,toruer Gary.n made reply relative to
The mp0ssDlly 0f As doing al the WOlK without as-
Nh TcKe,n again clted he Knapp case relating to
Wcbter's staiema,t tuat he there without peeu-
,,ry comrorssou The counsel here, said he, not.
h. thcir Tockcts T5ey are Iired-I DO not mean TO
speak extensively -o procure conviction They admit
nsry character. l. Inc District Attorney says be mas
NOT The the talent 70 conduct case tne puDhc
ought 10 KNOW IT.; hut 70 u horrible speetacle' Ins oi
pvats counsel with bloodhound peruuaety following
up. as they have jiis unfortunate man. VIII never
C0usout 70 1t without struggle.
murmur ran round the room at this bold denuncia-
tlon. Judge IneraL9m quietly announced Ihe ASSIST
auce Of private counsel VIII be dispensed with Tor the
day and ] will decide the question tomorrow morning.
Tte examination Of iurOTs then continued MesSrs
Reach and Fullerton sin retained their places without
the least Inhibition Of feeDgo interest apparently and
made no further suggcs tions during the day: .,,
ana next bert Elsherg; was summoned 10 he
stand. His examination was similar to the previous
de- lal r.
formed nor expressed an opinion Mr. IOWhsehd Cnai-
engod TO the iayor onl EiEaTd Patterson and Assem-
Mr. Townsend tnon examined the juror on the chsl-
Hc i'' d.d not Know Sr Fisk Mt Gould, Mr.. Tweed
he bad talked Win H0 Que about bel1g on the jury ex
cent his family; reading II tie papers made no
impression On his mind there were SO many such
remssb6red eHts be- tx Nr FIX was said to have been
tod by Dir. OAoN; 1t iualo no impression on him
~ h. t,S,,iit n VS. a. fe stairs. no did Mt TemeTnbcr
uat there VAS coroner jury, nut Of course IT was
held; in fact De- had ueard II said in the Courtroom
he hsd iupi,son t.at if Jokes lad done this, he
Was IuurderCr he did not think he biased pref
ud.ccd be cOniie Stokes killed Fisk without pro
vocation b. COMMITTED crime; Out lie lad no Kno"l-
scFc az % whcti cT Ee had Irovocauon or not.
1no tueIs una !hs challenge not sustained, but the
defense challenged p..cuptOIly
grE FIRST JUROR.
Meyer HombcrSer. the ncxt juror called and the arst
Juror sworn, Is tan gentleman with strong German
face. haKcn hair. long uusache and longer imperial
Ills answers were hesitGtug and doubtful like Mr. Els
5.rgs although not quite tmidly given and be fire.
quegty made d,prtcatng gestures with his hands in
explanation Of bis precise position. Mr.. Homberger is
importer at No. sl5 Broadway. and resides at No $50
East Forty-thirdst. His examination almost fac
inle Of tie preceding one and resulted in his accept
the first Juror Il five minutes past1.
The Court thcI TOOK q short recess, after which Peter
Ickbardt called. Mr. McKcon, after the usual
questions of principal cause, asked in reference to the
Jurors rosshle fcqnintance with any one connected
with sk Tho Bic once. He replied satisfactorily
enough until he v.s asked II he believed Col. Fisk
was Killed. o." don't believe anything about
a." be replied. "Oecause didn't see It my.
SELF" Further questioning educed the athestica
thing until be ir." This taken up by Mr.. Ne
Kron. who aborcd long to elicit what might be con |
-tIuod prejudice improper condition OF mind |
Tic rers after few brief questions from Mr. miles
found the challenge for favor true, aud the juror stepped
Bonnett A. Goodwin's name was next called. but the
can't challenge OF Mr. NJ Keon was found true by the
ulcrs and Mr. Goodwin never reached the stand
Alexander a Thompson also called, but no answer
bcuE received the Clerk drew from the box the next
n1Iue which thai o, Robert Besley, oarpen-
20 of 20 years standing, residing at No $50
iic was gentleman OF perhaps 4S years dressed
mu.tache, ana cOnutenance thOro1gh nOneSt as Tar
a. appearance goes AMI well wrinGled as If by care.
Tic nteOgaOrcs Of the usual character, and all
were answered IN "a straightforward manner and so
nOisstly 70 make favorable impression |
@'ua,s an honest man" Hes good, cOmpe-
teut fellow" Mr. Townsend was not satisfied 10
elo-e Die long aud searching examination until the wit
,,,. .oid frarkiy Well must acknowledge that did
form on suppression after reading the accounts or the
no who read il did, but believe that could decide
according 20 the evidence" A Few quesuoDs Dy the
trer satisfied them the juror had no feeling against
AR etokcs and never him until then, and after
brief consultation they found the challenge not true
81 u which Stokes himself took very little part, but
leaned back aud listened and acquiesced Mr. Townsend
s ~ refet on tie part of spectators the perempory
challenge from which there appeal came, and the
Inc next man was John Reid, clerk in the house
Of Lee Tweedy & CO.. Howard aud CrOsbysts., and re-
Nav LET At No