The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-27
THE PUBLIC EXCITEMENT
Great Array Of Counsel on
Both Sides.
Only Three Jurors Obtained Up to The
Time Of Adjournment.
Rigid Examination Of an Editor as to His Claims
Against the City and as a Sinecurist.
The Trial To Be Resumed This
Morning.

The Trial To Be Resumed This
Morning.
tho trial Of the Chief Magistrate Of the Empire
CITY Of the Empire State OF the Union, which was
commenced yesterday before Chief Justice Charles
p. DAILY. Of the Common Pleas. promises to be the
cause c6ebre OF the day. Few sensational dramas
n real lie pass away from public view without
such stage effect ana consequent n0t0rety as ID
sure to be added by representation OF all the lead
1nR points In the law courts OF city. These have
ala more or less their tragica and their cOmical
delmeatons and characteristics from the rising OF
the curtain In The first act to the denouement
N H no doubt subject Of public COM
ment that OF the notorious and Unsuitable plum
deSers OF the city treasury, who have been held
for trial in bonds for million none OF them have
yet been proceeded against while the Mayor OF
the city is selected Tor the first legal criminal
action that has been instituted by the self styled
refOrmers OF our city government. The defendant
himself legal lumlnary OF the first rank, will not
trust to the laws delay to give hun fnal deliver
Ance from those who seek his conviction. at the
hands Of his peers but boldly demands and insists
upon his right OF trial upon the indictments charged
against him. His adversaries would prefer that
ne should defer arraignment and trial
che alleged principals IN the frauds perpetrated
against the city, hoping that then In the heat Of
public excitement from the long promised dis
closures, the Mayor, however unlntenti0nal his
wrong doing might prove TO be- would suffer from
She general verdict OF condemnation which they
anticipate from the trial OF other city officials. The
Mayor, however, with true appreciation OF his
high position and what Is due to the citizens VINO
placed HIM there, knows that to justify MIN in con-
ttnuing to hold the Office he must be justified of all
men and abs0lved from all charges OF wrOng-dOing
BY verdict VI his fellow citizens to try him.
Yesterday being the day appointed for the trial
the court room OF the General Sessions was crowded
from an early hour, Captain McCoskey being ad-
verse to keeping the doors closed against the re-
spectacle class OF citizens that applied for admis-
mon. AS on the previous Monday, the day first set
Apart for the trial OF the case the large audience
Sat perfectly Still and silent while anxously await
Ing the opening OF the proceedings The Judges
private door was, however, strictly guarded. and
none but few well known professional gentlemen
AND reporters OF the PRESS who mad previously
furnished with passes were allowed TO pass through
MAYOR HALL. ENTERED
ana straightway proceeded to the outer bar. With
formidable array OF legal taent-even himself o
host. HIS counsel consisted OF Aaron j. vanderpoel
his partner; =. w. StOusnton, Ira Snaner, ex-
Recorder smith, J, E. BurriIl and P. q. D. Buckley.
These gentlemen stood clustered together, making
no sign for the nece sary accommodation OF chairs
ana table to SIT at from wnicn it was surmised by
some Of the knowing ones oil the press that
motion 10 ADJOURN 10 the Court OF Common Peas
would soon be IN order. After the defendants
counsel entered the
COUNSEL FOR THE PROSECUTION,
consisting OF Lyman TTemain representing the
State Attorney General anu associated with whom
vas s. MT: Henry L. Clinton and ME- Peckham. Mr..
Algernon ). sullivan represented the District Att0r.
ney. It stu wanted few minutes to eleven
Of the Common Pleas, entered and at once took his
seat on the bench. A few minutes Of consultation
followed between counsel on either side and the
Court, when at last 1t was decided TO re-
move the trial of the case 10 the General Term
Of the Common Peas. There was the usual
stampede OF reporters, lawyers, clerks, officers
and Inc general audience 10 the room designated
al anxious to secure places. Very considerable
delay ensoed, as some time before the needed
accommodation was secured tor ALL Mr. Sparkes
eno Clerk 0i the General Sesslons the Official stem
the whole official machinery OF the General Sessions,
usurped the places oil the regular attaches OF the
Common Pleas: AZ ass al being prepared Mr.;
jurors 500, specially summoned on the case OF The
1ie first Juror that answered to his name was the
FIRST JUROR SWORN.
James W. James, after taking the oath to true
answers make " sucn questions as might be put 10
him touching his competency 10 serve as Juror in
sne case OF the people against the defendant mayor
Aailh was interrogated by Mr.. Flhlan, one OF the
counsel Tor the accused
z. what Is your business ana how long have you
IcSlue0 anu Wnefe you AZ present reside IN THIS
clty2 A. am u real estate broker as to business;
nave resided In this city nineteen years anu my
present place OF business Is at No. l01 Orchard
z. You know suppose, the nature Of the charges
against the deiendantY A. Yes through newspa-
Q. have you heard The matter at issue discussed
20 any extent IN Your presenter A. Yes; have
heard IT discussed more or less.
q, Have you formed any opinion on the subject
q the quit or innocence Of the prisoner on the In
cic!ment or OF me general charge imputed to him
a n CfAn m
Q. still, II Is question you must answer, with
entire irankness. whether you have formed any
charges against Mayor Hall. A. the only OPINION
nave formed was what got from reading the news
q. DID you express an opinion on the subject. or
nave you talked on the subject with any pers 0n9
hsve s0i nxe w@y VIII nays IN social
who have expressed opinions on the subjecta A.
Q. Have you expressed any opinion or Judgment
Of your own pro or con wnen talking on the sub
iects A. l have not the slightest doubt that
have expressed an opinion Oh the subject.
CHALLENGE FOR CAUSE.
MI: Henry L. Cntop, Tor The prosecution, then
q, Have you expressed any opinion as to the
guilt OF innocence OF the Mayor A. No sir.
.n Now assuming a tne o on
braced In these newspaper reports were true, have
you expressed any opinion IN TINS way-!nat If the
newspaper charges were true that, the Mayor was
By Mr.. Fithian-Q. You haveexpressed an opinion
newspapers were true, then the Mayor would be
guilty A. Yes, SIT,
BY Mr.. Clinton-Q. II you were sworn to serve as
o Juror In TINS case Is your mind so Tree from
bias or prejudice ore way or the other that you
could return verdict without reference TO any
opinion you might have previously formedG A.
Yes, Sir.
Mr.. SMITH, Tor the defence objected to the juror
addressing the Court. lie SAID that the Juror mad
expressed an opinion on the very charges that had
been made against Mayor Hall. lie says that he
has read the papers aud that If the charges against
the Mayor contained therein were true, then the
Mayor IS guilty. Now, surprising for the purpose
OF testing this mat every word so charged In
the papers should turn out on evidence as true.
Your Honor understands that would be but one
single step In the case towards producing c0nvIc-
uon. But there Is something beyond tnat III a
person goes into the jury box with an impression
upon his mind that these charges are true, no mat
Ter what the evidence subsequently might be, That
impression carries party beyond that condition In
Wnch a jurors mind should be when he takes the
oaIn ana takes his seat IN the jury box.
49, me CoURr overruled the challenge for cause and
49,, CHALLENGED FOR FAVOR