New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-01-11

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ItrRyNfAN PFRFNIProRILY CHALLENGED.
Yesterday was a busy day for the counsel
engaged in the Tweed CASE and the proceedings were
queer assortment OF legal wrapghng misunuer'ahunEs
and ridiculous incidents At last however twelve" good
men and true have been obtained and on Monday inc
case will be fairly opened to their minds.
The work began with 10 jurors the box, and the first
man caIedTerence Cusaok, plumber, Of No. 1914 Park
aye-was challenged peremptOriy, presumably because
be had recently attended meeting of some kind held
20 elect delegates 20 Apollo Hall, although the Juror
was uncertain whether 1t that or something else
THIS peremptory challenge by the defense left them
with only one out Of the five originally allowed,
No that the rest Of the day witnessed what an
expected series Of the desperate fights on inc
mart of the defense to reserve the challenge Tor inc las
moment The eleventh Juror obtained carry III 'A0
day in the person Of samuel c. Heyne' VINO Keeps
restaurant az No 1869 sxth-ave His examination "'
quite exhaustive but comparatively undressing, anu
he appeared 80 devoid OF impressions VI "D IS
having the most remote connection with an opinion Oh
o case that both sides concluded 10 accept him, ana he
was accordingly sworn in.
Holm W. Teynter and Geo. c. Clemson were eacn
found wanting Mr. Teynter is milk dealer ana rather
surprised people by declaring that he never reau al
article on reform in bis life. MI. Clemson, stouo
cutter who betrayed Scotch descent and his pocs
ia sad something about Tweed down in his stone-yard
M Fullerton took terrible fright at that and talked IN
his most forcfe manner 10 the rier unth ne Drought
an expression OF Weighty responsibility u '"o
face Of the foreman who does not appearto be eonvesant
with points Of law MI Fullerton warned MN ana ms
associates that il they took this man, Scotch descent
d bov itself in the persisteney OF opinion for which
nj country Is distinguished. The challenge was found
,rne rest excitement arose in Court here on account
nj an extraordinary application made by Mr. Peckhau-
and followed by tremendous dseussion-to have one OF
the jurors whose he did not state removed rom
the iury-bOx.
horor taxi
ling your attention to fact which has come TO light
We have information with respect to juror now on the
Jury coming from two separate and independent
sources one in writing and verbally which satisfies
FORMATION that we should be allowed 70 exercise the
right OF peremptory challenge in regard 70 that Juror
60 ASH leave of the Court this time although the Juror
has been sworn to iDterpose me PeifpISly
Mr. GrhanyeIy good put IN %Ilt1g %us6 od sT anu
here. We might challenge Iour Whoie panels puV VIC
Mr. Tremain handed over a slip Of paper containing
Mr. Peckham-Tbe information came from people
who Thought il their duty to impsrt il TO us.
Mr. Fullerton said he knew nothing OF the source from
which the information came or how Trustworthy u was
He believed II was mere lumof a1oat me Pnei, az
all events, drawn on Fridays the prosecution had
ample time TO inquire INTO the charaeIeI sIah9ihg anu
habits OF the uryinen and be ready 70 make objections
when the jurors called IL appears that the cause
ON which the motion was peaoaSu e@SScU me
prosecution having all the resources OF the county az
liberty to make but the gentleman answered all the
questions put him aud passed the ordeal and was ad-
united and II seemed now too late IOr them 10 exercise
their percmptOTy challenge.
MIR. ,Tremain reminded Mr. Fullerton that juror
Mr.. Graham-Because the juror was in the employ Of
the maternal uncle OF stokes and no counsel would
have haZarded his character by allowing him 10 remain
i"1s discussion ensued IN which Mr.. Bartlett, Mr.
Graham, Mr.. Peckham, MI Iremain ana Mr.. Fullerton
took part. the close OF which the challenge was
allowed. Judge Davis referring the English cases,
euge held 10 be 100 late after the Juror touched the
book the prisoner was acquitted, though IL was clear
" guilt and the jury sent TO jail for giving
such verdict The rule OF the English Courts has not
been followed by the courts Of this State 10 was
illogical to say that az any time before the case had
reached its beginning by putting In evidence, the Court
could not take proceedings TO secure jury such as
a. Is the object OF the pr0cee dings 10 secure. He
stage object the Court for which 1t had been three
days sitting being secure jury 10 which there could
thing Tor the defendant in of acquitta disagree
ment that should 70 the public that there was ana
the panel more or less deeply IN the interest OF
the defendant. He therefore allowed the challenge In
rrnly 10 remark from Mr. Graham the Court held that
n Ts moi Necessary that the reasons laid before the
Court should be given openly To be contested -,
reasons on which il was based. Mr. Peckham then
peremptoriy challenged the third juror Michael Pep
was allowed retire 1t is stated that his intimacy
with clerk of Mr.. Tweed is the ground OF objection
against him. MI Peppsrd big, goodnatured man, sat
hdgetng aud 6lushng during the long discussion ana
Henrj Miller, carpenter was set aside after long
nxaminoton Mr. Fullerton insisting that be had not an
stood carpenterng and mason work and thought at the
time he read ABOUT the Courthouse bills they were eX
eesssve THIS Juror uttered number OF
funny expressions IN reference 10 the
CHARGES. which were more amusing because
evidently made without the least intention OF creating
laugh Mr. FulertOu remarks 10 the jury were shreWd,
according to bystauder who said he admired the aTgu
nent because IL made the jury believe that the counsel
thought the witness was smarter than they, and would
try 10 yrannze their judgment and so out OF spite
the jury set him aside.
Henry NJ Williams of No. 677 Fifth-ave., n Custom
bonse Carn Agent and formerly Deputy Collector,
finally accepted place OF the juror who had retired.
e had read great deal about tine case, but had formed
NO definite opinion, thought that he could fair
verdict He had been introduced 10 Tweed and had
met him once or twice but had particular friendship
for him. The examination very short and included
only a few leading questions
The twelfth Juror found in solomon Marx, shoe
maker OF No ls2 Broadway, VINO had formed Opin-
iOn, and had 10 bias against the prisoner.