The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-01
MAYOR HALL.
Another Day Spent in Empanel-
ling a Jury.
The Twelfth Man Found
The Jury Complete.

has been tine work OF the Court OF General sessions
for the past four days, was resumed yesterday
morning. Eleven had been obtained In three days,
two being accepted by Mayor Hail Notwithstanding
their avowal OF a bias against him. There were
about a hundred names on the ranel to be drawn
when the proceedings were opened yesterday
| The jury was, however. completed about four
O'Clock, by the obtaining OF the twelfth man, VINO
was considered by AL parties very eieglble.
| Except that the attendance was decidedly less
than yesterday $50 many OF the panel having been
called and got ofD the assemblage was nearly the
same. Shern Brennan was the most prominent
among the new attendants yesterday
MI. A. Duncan, OF No. A Lexington avenue. who
was the first witness who took the stand SAID that
he knew the nature OF the charges, had expressed
opinion them, and was excused, TO be followed
Immediately by John S. Tuttle for the same reason
Edward Nj. Duncan, q brother Of the nrst man
called, mad expressed his opinion on the general
charges. Mr.. Clinton inquired, however, whether
he mad formed any opinions as to the wilul neglect
OF the Mayor 10 audit these claims, and was
answered that on those points he mad formed no
opinion.
TIE principal challenge was not sustained. He
was challenged to the !avor and examined by Mr..
| Snaier.
He had read the repeated charges against the
Mayor, and had an impression in MS mind which
might require some evidence to remove, but did not
think he had any bias which would interfere with
mis- doing his duty In the jury box.
! 10 Mr.. Ulinton-He had no impression as to
| whether the Mayor had intentionally or wllluly
| neglected to audit claims.
| @. BY Mr.. Snafer-DO you think having, as yOu
| say an impression ON your mind, you could DO
justice as between the accused ana the peoples A.
| think could; II might need some evidence or ex-
PLANTATION to remove that impression; have talked
to my brother about this. but not to any great ex-
| tent; don't know his positive views, nor do think
he knows nine; am voter; belong 10 no po-
litcal association; know MI. jackson 5. Schultz.
Mr.. CLINTON, continuing, sald:-You have heard
the testimony OF the juror, ana II you think tnat his
mind Is perfectly Tree and unbiased so that in re-
spect TO the only question tnat Will probably come
before you, to w.t. whether the Mayor wiliully and
Intentionally eglected his duty in the particulars
specified he free from bias, then will be your duty
! to ACCEPT him; otherwise, to reject him. This In
dictmenr charges that the defendant wilfuliy and
intentionally neglected his duty. An omission to
perform his duty, through mistake or inadvertence,
| which was entirely unintentonal, in my judgment,
would not be wifu neglect Of 1t under the statute
| upon which ne is indicted; that as l view this
case, the only point at issue is not whether the
Mayor omitted his duty In the particulars specified,
but whether ne wfuly and intentionally omitted to
perform ais duty on that subject.
EXRecOrder SInlth addressed the trlerS, contend
ing that tue answers which the proposed juror
made showed tnat ne was incompetent. The
gentleman said tnat the matter OF these general
Charges against Inc city o1iiciais was frequently
talked about by MIN ana his brotner, In whose
house he resided, and they mad made an impress
sion upon his mind,
me trers asked question OF the Juror whether
| he aud his brother ate together, to winch Mr.. Dun
Can answered, occasionally.
! The trIers could not agree, and the prosecution
consented tnat the challenge be sustained.
| George W. Mlar, paper seller. OF 10 Spruce
street, had expressed an oplnlOn about the Mayors
quit or innocence and was allowed 10 90.
James Adair, an undertaker, OF So9 Fourth ave-
| nue., got away Tor the same reason.
Isaac Van Benschoten. Of 81 Cannon street, gro.
Ger, had been Court the last three days, out his
opinion allowed MN togo at last.
WMilam +. skidd, OF Washington Market was In
lust the sane posluOn and lett very quickly.
jacob August, OF AZ Lispenard street, knew the
charges anu mad expressed an opinion Excused.
William H. Breeden, dealer In rubber geOds-ls
moi one OF the Committee OF Seventy; ne resides at
No. 80 East Twentieth street and should THINK he
had formed an opinion Tor or against the Mayor.
TO Mr.. Ulnton-He had no opinion as TO his guilt
or innocence on the specific charge Or class Of
charges OF which this was one.
TO Mr. Smith-I spoke OF an impre ssiOn rather
than an opinion; am not member OF the Union
League Cluo; have read the charges against the
Mayor Tor some time past: cannot say now much
credit l gave TO the statements OF the papers; 1
read them and took them for granted-that is
that there were some grounds Tor them; nothing
| has occurred TO cnange that impression.
MI Clinton consented that the challenge be found
William B. Askins liquor dealer, of 947 Sixth ave.
nue., mad Iormed opinions, and got Of.
Richard Ii. Kelly, OF TIA broadway, in furniture
business, knew the nature OF the charges, and,
having an opinion, alter three days waiting was
Philemon Canneld, Of the Twenty sixth ward, was
called. Mr.. CLINTON asked wnere that ward was
Had Westminster been already annexed2 The wit
| Twentynitn street, but had opinions OF hts own,
and was excused.
Joseph Strauss, Of Y Leonard street. shirt MAKER
had been In Court long enough to find out the
charges against the Mayor anu express an opinion.
Samuel Rosncr, shoe dealer, OF 116 Chatham
street. was also excused for the same reason.
,nafr 1tnnnr n 4 yofW
had formed an opinion IN general on the charges
against the Mayor; he mad not formed an opinion
on THIS particular charge, Dut had formed opinion
last fall. He was excused
Moses strasburger. importer OF watches, 20
Maiden lane, got away Win three answers.
Edwin G. Gorton. dealer In straw goods, OF 4s2
| Broadway. mad formed and expressed decided
Charles Corn halter, OF 4s9 Canal street, had not
! formed any decided opinion; could not say he had
formed any opinion; ne ne might have formed an
| say whether reading the reports made any impres.
sion on ms mind; couldn't say whetner ne believed
| and some not; IL never bothered him much; he
thought he could go IN the jury box without bias.
u DO you belong to any Reform Assoclati0n2 A.
| don't.
| attend to thers Is Jnat itY A. Yes, sir.
Challenge Withdrawn and challenge renewed by
Juror don't believe have read the charges all
the way through; don't remember anything az all
about them; they were something about fraud; l
principally noticed about Connolly; don't know
what kind OF fraud; suppose they were frauds
against the city, something about this Court House,
believe; | didn't know whether the Mayor had to
sign the warrants; supposed the Comptroller had
~ sign them; have no Impression as 10 the charges
now, either against the Mayor or the Comptroller:
1 didn't think any more OF these charges alter
read them; the last time read about them was
when Connolly was arrested.
Q. You would like to be excused, wouldn't you,
| A. Yes, SIR.
Mr.. Clinton-I hope the triers will oblige you
| Inc trlers sustained the challenge.
samuel Bernhard Shaw, OF No. 81 Greenwich ave.
nue., manufacturer OF ladies' Clothes got OF with
few questions.
Mr.. 5. Livingstone having answered once maud.
bly,, shouted out MS "Herey' the second to the
amusement OF the Court, and gave a decided affirm
ative 70 the sereotyped questions, and was allowed
togo