The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-27

z. nave you reau tne yaPeIs fckusariy snCe! N
S you q The pSS g, n, MEETINGS
inrs az the Cooper lnssuts A. No. SIR
o. Have you read any Of the speeches made on
that occasionf A. No, sir; never attend poltlcai
Q. Have you heard of the body OF gentlemen
called or generally known as the Committee Of
Q. Are You personally acquainted with any OF the
gentlemen composing that bodyY A. No. sir.
in relation to the matters and things which that
committee had In charger A. No, Sir; not to my
q You stated that you expressed an opinion
with regard to the matters out OF winch this ndlcr
ment grew, and further SAID that II the charges
Mayor was guilty. what charges did you refer ioS
A. The general charges; ! talked with parties
coming TO my ONCE on the subject.
O. You have talked on the subject OF these
charges IN connection with real estate interests and
formed an opinion on the conduct OF the Mayor with
regard to the charges on real estate, with adding
debts upon the city, allowing claims 70 accumulate
against the CITY, SO lar that conduct might have
affected these matters either one way or the others
A. 1t would be hard for me to answer that ques.
talk OF the high rate OF taxes.
Q. Do you desire to serve as Juror in this case?
A. No, SIR; l want 10 get away from 1t very bad.
Q. Have you discussed the conduct OF the Mayor
with regard to his conduct as member OF the Board
Q. lad that conversation with regard to taxation
anything TO do with your real estate IransactionsP
o. Was it of character to make an impression on
you as to accounts charged or discharged against
Q. Have you ever expressed any opinion, one way
or tho other, with regard to the connection OF the
mical government ito Or otherwise otherwiseY 4. No, sir. N
ACCEPTRp.
After further Ara as to Legal @ icy
name and the first accepted.
was accepted after the usual heterogeneous was
Mr.. MATTHIAS CLARKE Juror NO 2,
President OF the Peoples Fire insurance Company.
the Mayor, but had not expressed any opinion
thereon; knew nothing of the charges only from
newspaper reports; never accepted them as suf
hcient to convict man or any charge.
HENRY A. RoYsE ON THE STAND.
Henry A. Royse. who stated that he was lumber
merchant doing business ut $40 West Fourteenth
street; was not ACQUAINTED with MAYOR Hal; never
any buildings belonging to the government; read
the charges against me Mayor In the NEWSPAPERS;
negligent in auditing claims preferred against the
city: had formed no opinion az all upon the subject
Mr.. CLiNTON-That Is TO say, you believe him In
nocent OF the charge, that ne did not do thing
wlliully or intentionally against the iaw9 A. Yes
O. And that Is your present oplnions A. Yes, BIZ.
Mr.. FirHIAN-YOu believe him innocent TIL
by Mr.. CLINToN-Your belief Is that If the Mayor
wlllully and knowingly audited accounts against
the city or neglected 10 audit accounts tnat NEGLECT
lntentionala A. Yes sir.
z. And that Is your opinion now A. Yes, sir.
BY Mr.. FITuIAN-YOu have formed no opinion as
to his quit or innocence, nave your A. No, sir
no solid opinion.
that would require evidence TO change IL, whether
the Mayor Is or Is not guilty OF the charges brought
o. Do You think. Notwithstanding everything that
you have heard and read IN the case you could try
the case as sworn Juror on the evidence that
would be submitted to you without any bias or
prejudice arising rom previously formed opinions
on the subject A. Yes, sir.
The was then about to be given to the tr1erS
the rrst two jurors sworn when
MAYOR HALL
arose and addressed the trerS on the question at
issue-the competency OF the Juror to serve as
against the challenge for favor. There was Q
GREATNESS silence IN court as tue Mayor rose, and
for moment he threw his eyes around the room.
The Mayor said:-
GENTIEMEN OF THE JURY-Tne witness on the
stand tesJieS whether or not he knows anything to
1ncapactate him from sitting as Juror in tnat box
the trial OF this case. lie stands there as the
embodiment OF the law as 1t is defined In this issue.
The law, looking down the fate Of the defendant,
SAYS TO hm:-You charged with wifuy neglect
ing the duty OF auditing one specific bill set up in
the Indictment and are Today IN court to answer !.
First. you are charged with having neglected 10
audit, and second you are IN court under IN
dIctment for having wliully, Intentionally. and
knowingly neglected to do your duly. That
30 many words-in England and in this country
borrowed from q maxim Old as the Old Roman law
,sel, The juror on the stand say 70 wit:.tnat he
or any wfu neglect, until he is proven guilty The
law, gentlemen, says THIS, and so gentlemen or
that maxim OF the law, and 70 assert in It's stead,
on the authority and on the forum, It may be, OF
until ne has proven his innocence. But In forum
like THIS gentlemen, 1t Is exactly the opposite, aud
forum, has the laws presumption of innocence in
his favor. Now, gentlemen ON the other side en-
10 nn se jury sox ia wco You
law on the very subject matter That he would
be called to adJudlcate upon. II this Juror had
said upon our challenge. believe that the Mayor
Is guilty Of having neglected to audit this bill set
up on the Indictment, and Is guilty of wlfu and in
tentlOna neglect. he could not have gone into that
jury box, Tor ne would go there In tnat case az
against the presumption OF the law. And, there
ike you, who nave testified on the stand as to your
fitness to serve on the jury. beevein the presump
ton OF innocence, but open to near testimony to
ton OF the law stated as that gentleman has stated
it, and which, started win from this point must
cOntlnue-lf this case should ever reach yOu--down
TO the very moment you retire to the Jury room Tor
consultation, except as 1t may ne, for the
purposes OF your elaboration, OverthrOwn bv the
testimony. But gentlemen, the presumption Of tho
law that the accused Is innocent until ne is found
rendered and You say, "Tnis man is proven guilty"
and when you have pronounced your yer diet
then, and not till then, tins presumption OF the law
becomes OvertnrOwn. 1t has been SAID that Juror
should 60 into the box with his mind as free from
all traces OF suspicion, OF doubt, OF opinion, OF I'm.
pre3s0ns as the old waxen tablet of the Roman was
believed to be before the iron pen OF the scribe had
made q dot upon It's surface Now, gentle
men. ask you, is not that the very con.
dltion Of this jurors mind, upon whose ntness
to near deliberate and determine with you, you are
now IN JudgmentY He, gentlemen, believes merely
In the presumption OF the law. lie waits at the door
OF the jury box to have that legal presumption
thrown, and which my learned adversares are az.
tempting to overthrow, OF Dy your Judgment sue.
tanned. lie occupies no other position tnan that.
II he has formed an opinion as to the guilt or innO-
cence Of the accused different rom that rule, then
the rule is modlned to that extent But he has not
tcstlhed to That, and, therefore, In case Ike the
present. where 1t would almost seem that the Old.
fashioned ideas OF challenge are overthrOwn,
and where, as In some cases, man tries to keep
out OF the jury box those who are inimical
to him through newspaper reports In this particular
instance It Is fight on the side or the prosecution
to keep from the jury box man who simply says
In the language OF the law: that he believes you TO
innocent OF the corpus deJfcttthe corpus or doing
be your duty, OF not doing your daty, and the de-
ctt OF the wlul or Intentional wrong-dolng your
duty. submit, as you, gentlemen, have been ex-
ahmed ami testified almost TO the same point, that
you should receive the gentleman as one OF your
fellows.
MR. LYMAN FIREMAN. REPLIED FOR THE PROSECUTION,
and after explaining the duty OF tho trlers ana
difference between the challenges TOR principal
cause and for favor, said the oath administered 10