The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-25
s + o X e S
Fishing for a Jury---Only One More
Juror Obtained.
Description Of the Court on Dull Day-Growing
Difficulty Of Capturing Jurors-Bearing Of the
Prixoner-"Have You Seen Black rridayT'


Difficulty Of Capturing Jurors-Bearing Of the
Prisoner Have You Seen Black rridayT'
Yesterday was the dullest day get of the Stokes
trial, slow has been its progress, and tedious lts
almost unbrOken monotony OF rejection" Only
one additional Juror was obtained out OF the panel
OF hundred ordered on Saturday by Judge lngra-
ham. There are now, therefore, ten good and true
men obtained, but 1t Is hard to say when the two
seats sti vacant viii be filed. The process Of selec-
ton has been OF constantly increasing difficulty.
The first Gay there were only two secured, but
then there an unusual amount OF sparring
among counsel, and most of the time was FILTERED
away in verbal 'gas" The second day three jurors
crowned the efforts of the Court; the
third and fourth gave two more each;
and yesterday the haul of jurors fell
of to solitary unit. Perhaps tomorrow the i'm
pending panel of a hundred may be exhausted
without any result at all. But, o ic0urse. jury
will be obtained some time another and every
one hopes that tomorrow viii yield this necessary
basis of the trial.
POPULAR INTEREST SUSPENDED.
Owing to the slowness of the proceedings it must
be confessed that public interest in the trial was
yesterday at very low ebb. At the beginning of
the case the officers of the court had extreme difi
Guilty in keeping back the crowd OF would-be spec
tators but until the trial begins in serious earnest
even the seedy loaers, who apparently spend their
entire lives in listening to causes ceebres, ana
| whose faces are familiar features OF an ex-
citing trial as those of the reporters, disdain
| to struggle for seat. The court room was indeed
at times scarcely full and those who attended evil
IDENTITY merely dropped in for an hour or two to see
how Stokes Is bearing the strain OF this prolonged
suspepse This was further shown by the rush of
! w
posed to be likely to adjourn, and by the lingering
of the spectators about the railing OF the space
served for the prisoner and the counsel, so as to
get q view of the accused as lie rose 10 be con-
Quoted away by his keepers.
"LoGks pretty gray, doesn't he ?" coolly re-
marked one, as Stokes firmly STROBE away and re-
marked too in accents so loud that his words must
have reached the ears of the prisoner himself ITS
bound to tell sir, bound to tell Tombs air doesn't
agree with q delicate constitutions Stokes, how
ever even If he heard this cruelty careless crti-
| cism gave no sign that 1t had touched him.
APPEARANCE OF THE COURT
Even the Court itself begins 10 take on an air of
hopeless WEAKNESS. The Judge sits on the bench in
! state Of patient calm that long-deferred hope
| seems powerless to disturb but it may easily be
guessed that, hiding himself beneath this quiet ex-
from 80 sadly solemn duty as that which
keeps him from enjoying his overdue vacation
der when their muster shall be at length complete
and even the counsel as they anXiOusly scrutnize
the face OF each new candidate for jury duty, look
men and have the whole weary business started on
It's final stage.
THE PRISONER
Stokes, however, to those who saw him before last
January, seems TO bear up with singular firmness.
There are few additional streaks of gray in his
hair, and the cheeks are somewhat thinner, but the
eye IL still bright and Clear and the countenance
expresses as plainly ever the self-conhdence the
pride, the resolution that were always its dominant
features. At his side yesterday sat his father and
brother, the former with whitened hair and care
worn w,lnrrowed face. With his brother and
his counsel Stokes frequently exchanged few
hasty comments as the candidates for place ON
the jury were disposed Of, and even laughed gayly
they made under examination
FISHING FOR JURY.
Very severe, indeed, were the comments OF the
spectators upon the legal process OF getting Jury.
1t has, indeed come 10 ne almost standing joke
among them that 1t is hopeless to expect to get a
the panel. After that the examination by the
counsel runs in an almost stereoyped channel.
knowingly declared constant attendant at the
trial; land as soon as they find out that they will
escape fortnights Imprisonment at the AstOr
House by forming an opinion about the guilt or
innocence of the prisoner, why, OF course, they
form one. conscience, as general thing does
pot help man much, but in trial like this 1t is
Invaluable. Just coax 1t little and it will make
you till alls blue that You can't be that
you could do justice between the people and the
prisoner and so you get OIL one of the ugliest du-
ties man can fulfill"
And certainly the ordinary course OF the proceed
ings pretty much confirms this cynical view of the
ordinary Juror 1t is astonishing how sensitive a
mans conscience becomes after he has been in
court long enough to know by personal observa-
ton that an opinion matter how feeble, long
as it will take evidence to remove 1t, viii exempt
him from taking his place. side by side, with those
! unfortunate citizens who are seated In the chairs
of the Jury, and look so hot weary, so langudly
/ miserable, even before the trial has fairly
begun. Well may the District Attorney say with
half-concealed sheer, he has said once or twice
to gentlemen who, with glibness perfectly won
derful, have responded to his inquiry to whether
| they could deliver an impartial verdict by stating
that evidence would need to be produced to remove
their existing impression, "And, OF course, you
don't want to serve, sirr"
Yesterdays single juror was John Augustus Lief
ferts. who testified that he had an impression
influence his verdict. He was also asked if he had
seen Back Friday and replied in the affirmative,
not know jay Gould or William VI. Tweed, aud had
no views for or against the prisoner. Mr. Lefferts
was then sworn In the usual way He is stout,
middc-aged gentleman with very bushy gray hair
and side whiskers, aud positive, resoute-looking
features. His manner of replying during his ex-
OF his own mind. and that, though he would not
form an opinion hastily, he would be apt to cling
to 1t very tenaciously when 1t was formed
The only excitement during the day with couns
sci was a few remarks made by Mr.. Mckeon.
The not unlreguent question, Have you
man named Birmingham, and on his replying
''yes' he was also asked II he recognized the play
as representing the Stokes Fisk tragedy Before he
could reply the Court interfered. whereupon Mr..
McKeon said that he thought the question was
proper. The defence claimed that there had been
| u
create a strong public opinion against his client,
and this play had been one of the means thus en-
pIoyed. The question, however, was not pressed
1t would be tedious to give in detail the names OF
the rejected jurors. Their examination was I'm.
marked ny any features of exceptional interest,
though or twice the spectators Uttered at the
imperfect acquaintance with English displayed by
one or two citizens of foreign birth, whose names
I had found their way into the box.
The Court adjourned until half-past ten this
morning.
DARING ESCAPE.