The New York herald., 1872-12-21
Tho Proceedings Yesterday.

examined. The trial win continue to-day.
Tho Proceedings Yesterday.
Before proceeding with the calling OF the roll OF
jurors District Attorney Fellows, addressing the
Court, said he desired to call His Honor's atten-
on to certain matters Affecting the jurors already
empanelled.
ANOTHER REFERENCE TO THE PRESS.
In one OF the evening papers stated tnat the
fourth juror John A. Beycr) was acquainted with
the accused and had exchanged friendly recogni-
tion with him on taking his seat in the jury box.
Counsel on either side was not aware OF that fact
and can now say that II was entirely unfounded.
Another suggestion was made In regard to the firth
juror which was equally unwarranted. With re-
gard to the third juror Theodore Malleby,, the
prosecution only discovered this morning that he
is In the immediate employ or in the pay OF
. relative Of the prisoner This gentleman
was In the Greenwich Savings Bank, OF which
Clinton Gilbert maternal uncle OF the accused, is
treasurer. He tMr. Fellows) would not consider 1t
proper that any one connected with the dead man
should serve on this jury and he would be recreant
to his duty II he allowed any one on the jury who
might be liable to the control OF the prisoner
Mr.. Tremain said at this stage Of the case the
District Attorney could not object to the juror He
considered him fair juror and believed that he
would render true verdict; but, to prevent any
juror TO be excused.
AN EXPLANATION
Mr.. Maleby, the Juror concerned said that when
called as q Juror ana asked II lie had formed and
expressed an opinion he said lie had formed an
opinion, but had abstained from expressing IL,
thinking that the next question would be, '.Why
did you so abstain ~ He was asked no further
question, but was sworn in before he had an oppor
his feIlowurprs the facts OF the matter ''' WIZ
Mr.. Fellows stated that In what he had said he
Intended nothing derogatory to the juror, and be-
n hp a fn m
THE THIRD JUROR DISMISSED.
Judge Boardman, in dismissng Mr.. Malieby said
would no doubt give true verdict but In case OF
disagreement the odium thereof might fall on him.
Mr.. Malleby then took his leave, bowling to the
Court and counsel, leaving only eight Jurors instead
OF nine
This little episode created quite sensation in
the court room. Mr.. Boyer, who was charged with
knowing the prisoner, said that the statement was
false, and thanked Mr.. Fellows for explaining that
Having disposed OF these outside issues, the cali
ing OF Jurors commenced, but It was not until after
ten had been disposed 81 as incompetent that
THE NINTH JUROR,
George Nelson Manchester, appeared, and being
lound In proper state OF mind was sworn in. Mr..
Manchester appears an intelligent man. he is a
dealer in bricks at the foot or East l29h street. and
resides at the foot OF East Ninth street.
Judge Boardman ruled on his competency to
serve, to which Mr.. Townsend excepted, and con-
siderable surprise WAS expressed at his being ac-
From the time Of getting the ninth juror until
recess fifteen jurors were examined. or these
thirteen were excused for having formed opinions,
prosecution and one by defence-so that three are
still wanted to complete the full jury. Judge Brady
occupied the bench with Judge Boardman for
short period.
recess was here taken.
After Recess.
The uninteresting process OF examining jurors as
to their competency to serve was continued after
been called, out Of which only one was secured.
George Birman, milk dealer, who did business
vwit thA ENin nntlr ugng hat
Andrew A. Brown, Solomon Friedman, william
ana aeo Bogg m wess
Evans told Mr. Tremain that he thought he would
be biassed BY his previous opinions even after hear
could give verdict independent OF past impress
sion. There being some Inconsistency In these
answers the Court excused his attendance.
AN ORTHODOX QUAKER,
Jonathan Aiken, was found competent In every
about capital punishment ana stated that nc be.
l0nged to the religious denomination known az
orsn1d0n w;0sn 2naHers. - Excused. n.a ,
being found BIASED.
James Campbell was asked BY Mr.. Tremain as to
porter Of the products Of Holland.
Mr.. Trematn-What productsf
Juror (hesitatingly)- gin. tLaughter)
Mr. Campbell went ON to say that he was not
accustomed to discuss sensations; he had no bias
Mr. Beach asked him II he perfectly understood
the workings OF his own mind or the occult innu-
ences working on his brain. The juror replied that
he did, whereupon Mr. Beach said he would excuse
him, observing, however, that he was an excellent
man In the proper place, 'and that is,'' said Mr..
Fellows, las an importer Of Hoands.n The
wouldbe Juror didn't see the point OF the joke ana
retired.
Albert Morris Bley, naturalized citizen, born In
Prussia, WAS somewhat confused III his statements,
so that 1t was dificult to arrive at an idea to
the condition OF his mind. The triers dismissed
him as incompetent.
the calling Of the jury panel went on. but at the
adjournment the nine still held their PAGES. and
the three vacant chairs remain waiting for what
to-day may bring forth, the Court having deter
mined to sit Saturday.