The New York herald., 1872-12-20

more cheerful and calm than on Wednesday. Tre-
main and Dos Passus sas on one side, Townsend
on the other, and behind were the realistic Shers
deputies, who destroy by their presence the de.
lusion, which 10 the confirmed sentiment OF some
individuals. Of the high heroism which attends the
position OF being on trial for capital crime.
The counsel for the people, Messrs. Fellows, Full
lerton and Beach, sat in row In front Of the jury
box and presented an eminentiy stolid and con-
tented appearance. The rest OF the space within
the railing was filed with members OF the press
and persons summoned either as jurors or as wit
nesses. Judge Ingraham was present for about
half an hour, looking curiousy on. He then re-
tired.
The crier, in his usual ratting monotone, at pre-
cisely halfpast ten shouted,
"HEAR YEl HEAR YEln
and silence settled upon the audience, while the
Judge took his seat
THE FOURTH JUROR.
The nrst man accepted as juror in the forenoon
was one John A. Boyer, o flour merchant He said
that he was not connected with the prisoner his
friends, but had seen his cousin, who was
Christian Association, OF which he himself was q
member. Both the defence and the prosecution,
upon hearing this latter statement, agreed to ac-
as e wss sSSas
eight years az age. His presence In the box erected
needed contrast with the three gentlemen who
prime 81 % Is DonGs atS
is suifused by slight pink iiusn. His nose is al
grayish color: His hair is light brown and he
wears slight mustache and imperial both Of
which are light in hue. His forehead is not par
ttcularly full or high but Is rather square and
broad In appearance. His eyebrows are arched
and his chin Ia sharp.
CONSIDERATIONS scnuPLEs.
The next juror was submitted to the trers and
found incompetent. Three other individuals met
the same fate and then came Mr.. David O. Waring,
scrupies in regard to the death penalty. The
prisoner looked on while he was being examined
with marked eagerness OF manner, but when
Colonel Fellows at length said, "Your Honor, to
render any further question impossible here we
interpose q peremptory challenge" he leaned
SsSF sSf !Oseph IL 5 S9ss s
amined, said that he knew Mr.. Tremain about ak
@ s6s ssS The % s y
with the fact, az It existed, % ITO know the
R e Sns sS
sy az ss dsncs as sss P
Winston be excused without further examination.
was sworn at about twelve O'Clock. HIS name is
Abraham G. Norris He Is statistical clerk In an
insurance office and knew good many people in
them personally. He is about tnirty-sx years Of
age and resides at "a West Thirtieth street. In
once Ma
forehead large ears, neg retrouasee decidedly So
q clouded complexion, ishy-blue eye, and wears
which Is yellow, in an unkempt condition. He
looked exceedingly mournful when seated in his
place IN the jury box.
was secured Immediately afterwards He is
clothing merchant, doing business on the Bowery.
mind Is one OF the most conscientious order. He
did not favor the law Of capital punishment, but
would not let his opinion In this regard influence
htu vuhi ho ndnr Alv ttn faoN ~
God" Mr.. Dos Passus asked, "Dd you attend the
representation of Black Crook, or rather Black
@ bu
to explain that the associate counsel or the defence
was q confirmed hdbftue OF the theatre in which 1t
this saying, to the embarrassment OF the counsel.
Mr. Yost was soon after sworn and took his seat.
Hs nasS Of as wa
euising his upper lip His face and head are
the nose slightly arched, and the eyes deep and
mild and sympathetic. His accession TO the body
OF noble naytyrs seemed to please the defence
very much He is Presbyterian and wears plain,
black Clothes OF very neat cut and has the air OF
q religious and conscientious family man.
Mr.. David Williams, publisher Of the IRON Age,
was rejected peremptorily by the prosecution, be-
cause Of his supposed inclination in favor Of the
published In his paper.
The next person examined was large German,
face and forid beard seemed to make q favorable
impression upon the leading counsel for the de-
fence but on his examination he was told to stand
aside by the Judge.
After recess
THE SEVENTH JUROR
was obtained He is Mr.. Jesse Bolles, retired
cotton merchant OF No. 121 East FiftyfOurth street.
He Is q dark haired man, with dark wniskers and
mustache tinged with gray, black eyes and a
about sixty years old.
THE EIGHTH JUROR
chosen was Joseph Sands, an architect residing
in Lexington avenue. He has o square head, dark
brown hair, curling, auburn beard, and mustache
OF vigorous growth;i nose slightly retroussee
rather sunken cheeks and sallow complexion, with
The next man called, and who was rejected,
looked Don Quixote He had q scraggy, pointed
and ia but thin face and
torily. Richard Lane had conscientious scruples
about rendering verdict Of guilt on circumstan-
him commit o murder he would be In favor Of
hanging. Counsel asked II he meant hanging him.
SELF and his answer was lost in the laughter OF
the spectators He was challenged peremptOrily
by the defence.
THE NINTH JUROR.
and the last one chosen Yesterday is David Hep.
burn, builder, residing at Al Broome street. He
possessing q very Intellectual appearance, has a
his hair q dark brown; but his whiskers, which
cover the sides OF his face and part Of his chin
q o Go0 as eyas sTe
rather low; his features are rugged and irregular,
and he speaks with modest hesitation.
Several more persons was called until the panel
was exhausted, fortyseven jurors having responded
out OF the sixty subpnnaed. The new panel OF $50
ordered the nine jurors remain in Che custody Of
ofcers until the Court reassembed. They were per-
mitted to read all newspaper articles except those
on the present trial. The counsel for the defence
expressed their willingness that their freedom
should not be restricted at ALL but His Honor
wished the trial to be conducted that there could
a HuaDtCiOn
concerned in 1t; he therefore felt constrained to
carry out his first intention and had been also SO
advised by other judges
The Proceedings Yesterday-The Line Of
OF Defence.
1t is believed that out OF the twenty remaining
from the old panel, and the additional panel sum-
moned for to-day, the jury will be completed. The
Defence It is understood are this occasion pre-
pared with evidence that Flax carried pistol WITH