The New York herald., 1872-12-10

special Jury. IL n unnecessary TO say that this
| case has been tried two or three times, the jury
each time falling TO arrive at verdict. The suit
Is brought by the plainti, as the alleged illeg1ti
| mate son OF the late Madame Jumel, on an action
| OF eectment 10 recover from the defendant large
| tract OF property situate in the neighD0rhood Of
Fort washington, the value OF which has been vari
ously estimated at sums ranging from one million
| to four millions OF dollars.
| The court room was pretty much crowded, but
those who we're present consisted for the greater
part, OF the jurors summoned, the lawyers both
sides, the witnesses, the officials Of the Court and
l the representatives Of the public journals.
Among the spectators were The O'ConOr Don, NJ
p, member Of the British Parliament for the
\ county OF Roscommon, Ireland, and his brother,
| Denis M. O'Conor, member OF the British Par
lament for the county Sligo Ireland. The O'Conor
Don is the head OF the OCOnor family and is re-
lated TO Mr.. Charles O'C0nor, the distinguished
| lawyer.
Mr.. Charles O'Con0r and Mr. j. G. Carter ap-
peared as counsel for the defendant, and Mr.. Hoar,
OF Massachusetts,, ex-Attorney General Of the
United States; General Chatded and Mr.. Chauncey
ShaGer are counsel for the plaintn
The names OF the jurors having been called
! twice and seventeen or eighteen having answered,
| :he Judge said that Mr.. J. W. Hartman, one OF
! those summoned, was confined to his house sick.
He was, therefore, excused. Two or three gentle
! men wanted to be excused, but he would not ex-
cuse them until the jury was drawn; they had
enough OF jurors without them. One Juror was alb
| sent in Chicago. addressing counsel at both
sldes) Are you ready to empanel the jury gentle
| men2
| proceed with the jurors who appear.
| SWEARING THE JURY.
sI repy Go M iae s sa @ had ID
| formed no, opinion on the case; he read In the
| newspapers very little about 1t; he remembered
hA hn rn0 hn
| last trial. he had not employed any OF the gentle
| men who appeared in this case as counsel, and he
pany; gentleman spoke to him to make Inquiries
as to whether he had ever employed any OF the
gentleman was. Mr.. Riston was sworn.
Thomas Denny, Jr, on being called said, IN reply
had formed an opinion on 1t that would take evi
dence 70 remove:
| about the matter. lie never understood this thing
Of forming an opinion from reading remark in
Juror unless the juror had formed and expressed
| decided opinion
several occasions expressed decided opinion
ABOUT the case Tie juror was ordered to stand
John Abenbroth another Juror, was called He
said he had read about the case when IL was tried.
He had not read enough about it to form an opin-
make inquiries il he had had any relation with the
counsel on either side. He was not
surance Aaa company. He % was 'i Insured 'f in IT, Il;
he once had loan in that company, but paid 1t of.
know the person who came to him to make the in
! quIres That person mentioned Mr.. O'COn0rs
name and the name also OF Mr.. Chat1eld. He
| Juror told him he had no relations with them.
Edward s. Janray had expressed no opinion on
| the case and had employed none of the counsel on
either side in this case at any time. Sworn
Henry Bowers had formed no opinion on the case
the counsel on either side. Was not approached by
any person as to the merits OF this case. The Juror
John Romer had read of the case had expressed
| o slight opinion as to Nelson Chase. He thought
he had an opinion that would require evidence to
remove. In crOss-examinatiOn he said he had
read some account Of the case in the papers, but
he had had no conversation with any OF the par
abetReF y mad reaoas Ss either
| OF the counsel in the case. The opinion he had
paper was not fixed opinion, and lie believed he
could render verdict according to the evidence.
Union Adams had he said, formed decided
opinion upon the case, and he believed he would,
% on the the ury A be n Influenced @ BY that opinion. He He
portion OF 1t. The juror was ordered 10 stand
Edward Bogardus had formed no opinion about
| the case; had never been approached by any one
regarding it, and had formed no opinion as to its
merits. The juror was sworn.
Joseph +. Stone had formed no opinion about the
case one way or the other. He had no interest in
business with either OF the counsel IN the case. He
was approached by stranger who wanted "to in
tervIew' him about the case. Told him he would
give verdict according to the evidence and bade
him "good morning." Mr.. Stone was sworn.
Charles A. Fellows had heard OF the case in
general way; read about It IN the daily papers,
but that did not leave any impression on his mind.
He was approached by stranger, who asked him
those questions about the case that had been asked
OF the other gentlemen. Is not a stockhoder in
the Mutual Life Insurance Company and does not
know that Mr.. Chase is indebted to that company.
Charles ii. Monk had formed no opinion upon the
case; was borrower in the Mutual Life Insurance
hnf Va n
borrower in that company.
James Dart had expressed no opinion about the
it; he would act entirely on the evidence; did not
know the lawyers IN the case as to business rela-
tOns with them he tried to keep away from them.
uaughter.) Mr.. Dart was sworn.
| JURORS SET ASIDE AND EXCUSED.
/ Union Adams Thomas Denny, Jr., Herman
Griffin william A. Hall, James 7. Quackenboss,
| Hiram Raynor John Sloan.
JUROR TO SHOW CAUSE WHY HE SHOULD NOT BE
| FINED $1,000.
The Court ordered James U. Shaw to show cause
why he should not be find $1,000 for nonattend-
ance after having been summoned
The following are the names of the Jurors sworn
Henry Bowers, John Romer, Abraham Bogardas,
Fellows Charles H. Mount James Dart.
Judge shpman said that in this case the Court
every day, with half an hour for recess, except
Saturday, when the Court would not sit, and this
their business affairs. As the ventilation OF this
court is wretched, the Court would expect, while
the right OF the public to be present was un-
doubted, tina: all those attending the trial would
! be seated, and those who could not find seats
| would be good enough to leave the court unless
they had business in connection with the trial.
OPENING STATEMENT OF COUNSEL FOR PLAINTIFF.
Mr.. Shaner opened the case to the jury, stating
that he was familiar with the facts, which were
somewhat complicated. He would abridge the
statement as much as possible. they had put in
the jury box an intelligent jury to try the In
the last case there had been thirty-five working
days spread over several weeks, IN consequence OF
! the illness OF one OF the jurors The suit was
brought under statute tnat marked an era in the
legislation OF this state. Counsel had never been
able to agree as to the value OF the property in
question, and it never would be ascertained
| unless 1t was brought under the auction
| eer's hammer But 1t was beyond doubt that
! the value had greatly increased. The value Ininhf