The New York herald., 1873-10-14
THE STOKES TRIAL.
The Work Of Swearing in Jury More Difficult
Than Was Anticipated-0nly Two Obtained
Yesterday-Incidents Of the Proceedings.

The work OF obtaining jury on the Stokes trial
has turned out TO be more diiatory and exhaustive
or the panels of jurors summoned than the first
days success in obtaining o half dozen augured.
Judge, counsel IN both Sides the prisoner himself
and his friends and the witnesses are evidently
surprised at this renewed but unexpected Obstruo-
ton to the progress OF the trial. All Saturday lass
was consumed In obtaining one additional juror to
the six obtained on the first day. and yesterdays
session closed but with nine jurors sworn In all.
At this slow rate the third trial OF Edward
8. Stokes threatens to- be as protracted
as either of tine two former ones.
But what IS OF perhaps greater interest to the de-
fence Is the fact that Jurors are to-day rendered
disqualified from their bias, opinions and preju-
dces from serving on the jury as were the Jurors
summoned on the previous panels cslled in the
trials or the case.
There was nothing Of special interest la the pro-
cesdings yesterday. with the exception Of
AN EXPLANATION
made by Mr.. John H. Watson, who took the wit
ness chair to explaia the circumstances which led
to an imputation being cast upon him ast1Satur-
day by d. d. OrreD. An affidavit was now read, to
the effect that he Is now satisfied Mr. Watson's
visit TO him had no improper motive. Judge Davis
said he was satisfied 1t was all mistake ana Mr..
Watson was exonerased from any charge OF con-
tempt OF Court and allowed to retire.
The work of examining and cross-exaninlng the
Jurors was tedious in the extreme. and the days
session resulted only In the addition OF two jurors
to the Saturdays panel.
SWEARING A. JURY.
The first person called yesterday was William
Fitzpatrick. q Broadway florist All went along
smoothly until 1t came out that the witness had
supplied flowers for Fisks regiment, by order OF
Mr. Rushton. Then Mr.. Tremain took him in hand
nd n
ness had once expressed an opinion that stokes
ought to be hanged right away. This, however, he
asserted, was only said in a iocose way. He was
challenged peremptorily by the defence; they
Evan p. C,ark, hardware, No. 207 Bowery, had
formed and expressed an opinion about the case
10 Mr. Russell the witness said he was u very con-
scentious man, and that was MS reason ior think
ing he was not entirely unprejudiced. Excused.
John james Glasson, Jr., was challenged peremp-
torily by the defence. D,,,, ,,,,ou -
There was long argument over Thomas H. Mont
gomery, agent to the FIRE uaaerwtiSers .n ae al
to be hanged. but believed he could act solely on
the evidence.
said he appreciated His HonOr's desire to get q
jury, but it was nard case on the prisoner TO be
tried by men who had once made up their mndA
In In reply to the Judge, Mr.. Montgomery said he
beleyed his present opinion would not affect his
Consideration Consider lo Z, Of Stl the evidence. -
Judge Davis remark ed lit is difficult to admins
ter the law as II now stands: Sucn an incident az
arouses individual minds and creates opinions and
Impressions. In this case a highly intelligent & and
an opinion, but afflrms that such opinion would
not influence his verdict. The prisoner would be
more likely to receive benefit than harm from
sucn opinion, as juror OF that character would
give the greatest possible weight to the evidence
The defence challenged the witness peremptorily.
CHALLENGED BY THE PROSECUTION.
and m,Isa TWet6 h Streets admitted that he has formed
All opinion about the case. The prisoner was Will
ing to accept him, but the District Attorney ses
F. l.. Ames, a young man, who belongs to a firm
OF bankers, has formed an opinion. as to whether
fuence his Judgment lthe statutory question), ne
gave up that conundrum: he IVA was G excused >,
the case, he had been travelling, and he had no
Mr.. Tremain commencing the usual interroga-
tory)-Are you aware OF the existence of anything
in your mind at this moment 7"
Witness eagerly No, sir; nothing, sir.
Mr. GrafT was excused.
Up to two p M. no additional juror had been
obtained In the Stokes case.
JAMES d. CENTRE SWORN
James d. Centre, OF No. So varick street. wine
agent stated that he read none OF the Stokes trial
There SO many murders, he only looks at tho
headings and editorials II they are short; II they
are long he doesn't read them either. This .opn-
len about long editorials impressed both sides so
favorably that the gentleman was accepted aud
sworn, making the eighth juror.
MR. JOHN CkOSSLE1-NlNTH JuROks
John Crossley, of No. 26 Broadway, carpets, said
he took no interest IN murder reports; don't care
for them, and has no decided opinion about the
case.
Mr. Tremain-Is there any bias or feeling In your
mndS A. The only feeling l have is that wish
was at my business at home, instead of here.
Mr.. Tremain-What's that?
Judge Davis-He is prejudiced from his business.
Mr.. Crossley was sworn.
Ten Jurors were called after the procuring OF the
ninth Juror, but all were 'iound wanting" and at
three O'Clock the Court adjourned until this morn
ing. at ten O'Clock.