The New York herald., 1873-10-09

mao pfcke0 ouy rom the restricted list special
classes OF bankers. brokers' etc, to the exclusion
Mr.. PneIps asked time to decide his course
this challenge, and the Court gave hun until one
oSi0oA /" W Tv. 81, coupr xrIssKss1rs.
little after one O'Clock the Court reassembled
that the facts set forth were not true yet avoid
any long investigation into merely conateral iacts,
Mr. GS Dos PasSos joned issue on the demurrer
Mr.. Phelps proceeded to argue that the
CHALLENGE WAS DEFECTIVE,
In that IL did not aver that there was any 0ther
list OF petit jurors when the list OF 1926 was placed
on file, though 1t did aver there was such another
him to make list each year and thereafter pre-
pare list OF those omitted from time to time
and return them to the County Clerk to be added
to the box. He had TO examine the qual1lcatiOns
Of jurors and as fast as he found any ft to prepare
list OF them and add them. There was no
the list was an improper person to be a juror.
The purpose Of this whole statute was
ar d Of ary duty it was " directory
and the only party to be injured or who could com
PLAIN, was the People. He cited the anti-Mason
case OF the People against Jewett, that the mere
exclusion Of unexceptionabe persons from this
panel, provided no improper person was placed on
It, was not ground for challenge to the array, and
a later case to show that the statute was merely
directory, and IN the absence OF any allegation OF
fraud the omission Of any formality was not good
Mr. Tremaln, in reply, said that the object OF the
challenge was TO present TINS question; that
pleted his examination and prepared his list
OF the great body OF petit Jurors, he then
placed on the list and IN the ballotbox. He
insisted that the wording OF the challenge fairly
whether the Commissioner had power TO select
Jurors to suit himself ii the law had given him
such power His Honor would so decide; but he
thought il then would be for the law-maklng power
to inquire whether IL was proper TO entrust such
q power to any one man.
The Court held that the only facts to be con-
sdered by him those well pleaded IN the
challenge, and, therefore, admitted by the de-
murer. His Impressions were quite clear, though
he thought he ought to give more tine to the
sderaton OF the question. He should be sorry that
by any omission of his the result OF this trial might
become nugatOry. He would, therefore, postpone
the decision OF this question TO the coming In or
the Court tomorrow morning.
Mr. Dos Passos then asked that II the Court should
think the verbal criticism of the District Attorney
that their challenge did not aver that the great
so so WAS m mea e amand II NV sddnr nrds
showing the fact The District Attorney opposed
any amendment
tracted to some further length, asked II he might
Withdraw the paper.
Judge Davis-YOu have that undoubted right;
the paper is withdrawn.
Mr.. Tremain-There is nothing now before the
Court. .
Judge Davis-Nothing repeating the word with
an emphasis that evoked q general smile).
Mr.. Tremain asked If he might present another
paper, which being granted. he offered another
challenge, being a statement as to the panel, in
which it was stated that out Of a list Of between
ZU,OOO ana SUOOU names only ZSZo dpptdTeu Oh Juc
list submitted from which to select q Jury.
Mr.. Phelps objected to the receiving Of this
paper
Judge Davis said that 1t was evident that the de-
fence intended to conduct their side OF the case
fairly and he thought 1t no more than fair to give
them all the facilities possible.
Mr.. Phelps demurred to the challenge and there
upon the court adjourned till hallpast ten O'Clock
this morning. when the demurrer will be argued.
AFTER THE COURT ADJOURNED
there was quite an animated discussion between
Mr.. 1remain and MIR Douglas Taylor, Commissioner
OF Jurors, on the subject of preparing panels from
which to select jurors.
Mr. Tremain confessed himself greatly mystihed
as to the process pursued, though his mind was
clear as to the status applying to the case.
Mr.. Taylor undertook to explain away this mys
terry, and that no possible blame could be attached
to him.
Mr.. Tremain said that he would not undertake to
say who to blame but this TACT was clear That,
while set OF the greatest scallawags TO be found
In the city. Tweed's ugleman in TACT, had been Sc
lected for the Tweed jury, there was offered for the
trial Of Stokes q panel, every man upon winch
would hang man for carrying pistol in self
defence.