The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-27
Reviving Public Interest I'm
the Trial.
Fun List Of the Jurors. with Their
Businesses and Residences.
Scenes and Incidents i'm Court and
Opening for the Prosecution.
The Trial Adjourned Till This
Morning.


murder Of James Fisk, Jr., at the Grand Central
Hotel in this city, on Saturday, the 9th day Of
January last. These long, tedious seven days were
consumed in empanelling jury. In swearing In
twelve good men and true, to whom the &C
cused and his cause now committed. Should the
actual trial of the between the people of the
State and the prisoner be proportionately spun
out through the devices of counsel and the Oils and
subterfuges OF the law, three weeks may elapse
before the law is indicated justice satisfied.
The crime of murder calls for a speedy deliverance
to the accused If innocent OF prompt retribution
upon his head, through the penalty OF DEATH II pro-
nounced guilty by verdict OF his countrymen.
Through the long,
TEDIOUS AND HARAssING
distractions thrown in the way by counsel this
case has dragged its slow length along, dsappoint-
ting the public mind, bent it has been, upon see-
ing justice done and some conclusion arrived at as
to the guilt innocence of the prisoner-up to
yesterday when the full jury was at length sworn
and the last man took his seat in the box beside his
cOl,reres, already pretty wen Disguised at their
enforced duty and the prospect of still longer and
infection OF legal harangues, dsputations
and sqnabbles.
CHALLENGING JURORS.
so much OF public attention has been called to the
extraordinary delay in procuring jury in this
Stokes case by challenges that the readers of the
HERALD must naturally desire to be posted upon
what to many of them is an enigma The law,
which presumes that one accused OF any crime is
innocent until he is proved guilty, hedges in the
rights OF one put upon trial for his life with every
safeguard and cogne OF vantage possible The
challenge OF jurors, in whose hands the life and
liberty of the citizen rest, is perhaps the most i'm
p0rtant in the opening proceeding in trial where
the accused is charged with the crime of murder
There are four orders or degrees OF challenge.
There are two kinds OF principal challenges
NAMELY. CHALLENGE n
The first, challenge to cause, is to the array Of
names drawn as jurors, or to the polls. A cha
lenge TO the array is made on account of some
defect, on making the returns to the
vENIRE,
and Is at once objection to all the Jurors in the
panel. 1t is either principal challenge-that Is
one founded on some manifest Partially or error
committed IN selecting, depositng, drawing or
summ0ning the jurors by pursuing the directions
OF the acts OF the Legsla ture--or it is where the
Juror has formed or expressed any opinion as to the
guilt or innocence OF the prisoner The Court alone
of course being the best interpreter OF the law has
the right to act as trier on this challenge.
CHALLENGE TO FAVOR
Is made where bias, partialty lenency or II the
Juror bears any relationship towards the accused.
Inc Court can can act as trer by consent Of the
however, object to this, two
OF AUDIENCE
must be selected to act trerS. The prisoner has
the right to Deremptory challenges, which are made
without assigning any reason, and which the Court
must allow at common law, in all cases of felony
thrty-fve. or one under three full Jurors. This num-
Der is now regulated by the local law OF the differ
ent States OF the Union. According to the statutes
of the State OF New York there only thirty now
allowed. The old law used to allow twenty chal-
lenges for the prisoner and five for the prosecu-
tiOn. Thirty are now allowed on both Sides
There is also challenge to the polls IL Is prop
ter delectuDa, or the legal incompetency OF the
Juror on the ground OF namy; also as an alien by
reason of infancy old age, the want of those
qualifications required by the legislative enact
ment.
In this case there we're
SEVEN HUNDRED AND FIFTY
Jurors summoned TO attend and after seven days
oil continuous and tedious examination and swear
ing the required number of twelve ''good and true
men" were obtained to try the case
THE COURT ROOM
presented the usual appearance yesterday-not
over crowded but among the spectators the feel
Ing evidently prevailed that counsel could no longer
parry ward or the eventul moment which must
give the of their client to the testimony of
such witnesses as the prosecution would produce
TO testify as to the shooting by Stokes and The con-
Bequent death OF his victim Fisk. There was a
more solemn silence pervadlng the court room than
on any previous day, and the face and bearing Of
every Juror called were closely scanned and the re-
suit of his examination painfully awaited.
THE SWORD OF DAMoCLES
that hangs the head OF the accused was taking
shape In the minds OF all, and when at last
THE TWELFTH JUROR
was accepted and sworn, and took his seat In the
jury box 1t was clear that the beginning of the end
had at last been reached
JUDGE INGRAuAM,
looking langud and III at ease with the prutracted
strain put upon him, and doubtful whether Jury
would be obtained before the close Of the session,
took his seat ON the bench promptly at hali-past
defence were also punctuay in their seats,
THE PRISONER
closely guarded was brought in and took his
TONED seat beside his counsel. Stokes bore himself
rs bravely as he possibly could under the circum-
stances. The air OF unconcern which was the pre-
dominant feature about him heretofore however,
failed him, when at last lie was called to stand up
and confront the twelfth juror, who, with his asso
ciates, will be called upon In a few days to pass
upon his guilt or innocence. His aged father and
his brother sat beside him the greater part OF the
day, the former not sitting out the whole OF the
evidently
immediate prospect OF the fate that awaits his
to remain 10 the close Among the other
spectatos were two ladies, who seem never
Wearlcd OF sitting out the empanelling OF
tne Jury, One Is aged. and is dressed In
eprghtly blonde, seemingly taking great interest
In the proceedings. She is rather prepossessng in
Warden oyerskirt her ewes are forever turned with
sympathy towards Stokes who however does not
seem TO regard tie interest OF the lady with any
SEVENTH DAYS PROCEEDINGS.
Mr.. Sparkes, me Arabic Clerk having called over
the names OF the ten good and true men already
sworn commenced calling the largest panel VET
ordered, numbering $50 names the 6rst being that
CONTINUATION OF THE CHALLENGE.
Henry Wise, OF the Twenty-nrst ward Having
strong opinions on the subject, was desired TO
stand aside.
Henry Babcock, being also biased, was requested
10 retire.
Mr.. J. Haiwick, broker, not being a competent
Juror, was told TO stand ASIDE.
Jsbn King. Stand aside.
George huntington. Stand aside.
Henry White, being considered unbiased in
every respect, was sworn in as the
ELEVENTH JUROR
at eleven O'Clock.
Mr. whitte is not tall man, measuring In his
stockings about i've feet six; he has fine ex-
prcssve countenance, with mild brown eyes, and a
bald pate with side tufts OF brown hair, with side
whiskers and under beard OF a gingery hue. He
was dressed In neat fitting suit OF black, with tie
10 match, and spotess white shirt. lie Is evil
denLy very intelligent man. and one who will
nonbtess, be guided by the evidence and the evil
fcDcc alone
James 9. Hull was desired TO stand aside he being
an incompetent juror.
CIarence King was desired to stand aside
William Vernan. Stand aside.
Edward Mehsn. Stand aside.
William Thompson. Stand aside
William BlaisdaAe had read the HERALD about tho
murder OF Fisk, but had formed no opinion on the
subject; had no objection TO capital pun shment:
did NOT know the prisoner nor any OF his counsel
Challenged to favor. The trers found the cha-
lenRc to be not true. Challenged peremptory by
She defence.
James McCall.-Stand aside.
James Shefeld. dealer In drugs. having very