The New York herald., 1873-11-08
THE RING TRIALS.

Another Field Day Between Counsel and
tho COurt-The Status of the Press ON
-hhc situatton-slow Progress I'm OBJ
tanning n Jury-Thrcc Conditionally
Accepted Yesterday.
Tie trial OF the big "Boss'' on the sbig' indict-
nent promises not only to be protracted but
very racy one. The Court and counsel have
measured swords taken their respective positions
On the ground, and have already commenced to
exchange passes with each other. AT the opening
yesterday defendants counsel suggested that the
Court request the press to abstain from CON-
menting on the trial during Its progress. Judge
Davis made few comments upon the
law governing this particular question: stating that
the Court had only power to punish for any evi-
IDENTITY false statement of what might occur on The
trial. somewhat new departure was taken with
reference to swearing jurors that accepted, as
lpon motion OF Assistant District Attorney Allen
the swearing OF the jurors will be delayed till after
the twelve men are accepted, the right OF peremp-
tory challenge being reserved until the jury comes
to be sworn.
Yesterday, the third day OF the Tweed trial.
opened with not single juror in the box and Mr.
Drrell on the stand, who, having been examined on
principal challenge, was now to be tried on chal-
!enge to the favor.
gested that the Court request it had the pre-
vious trial. the press to abstain from comments on
the trial.
that the press should abstain from comments
which might tend to the prejudice OF either side
60 the Court to punish any evidently false state
ment OF what occurred, which was intentionally
false. He was not aware to what the counsel al
uded, the condition OF his eyes having prevented
TT The Counsel then Proceeded to examine Mr..
Drrell, and Mr.. Fullerton asked that the evidence
laken on the principal challenge he considered as
This Mr. clinton declined. as the same permis
Bion had been refused him on previous day.
Mr.. Fullerton thereupon called the court stenog-
rapher who took his statement, and after some
little discussion tne Court ruling that the defence
evideuce), Mr.. Tremain agreed to allow the copy
OF his notes to be read In place Of taking the stenog
gapher's notes. After some further evidence the
Court held him competent
JUDGE DAVIS ARoUsED-HE THREATENS TO PUNISH.
a e "a
that the Juror was competent and the challenge
not sustained.
Mr. Bartlett, ST., then got up and made some OBJ
servations as TO the state OF the jurors mind.
Judge Davis-I cannot hear any further discus
Mr. Bartlett-Would Your Honor be kind enough
Judge Davis-Not after decision won't be kind
enough to hear another word on that subject.
Mr.. Bartett-Will you be kind enough to hear
word on another subject2
Counse-As Your Honor refuses to hear argu-
ment alter decision, will you inform us, when the
next Juror is called that you Will hear agument be-
gore decisionS
Judge Davis-Sit down. sit down.
COunsel-Wil Your Honor
Judge Davis (reddenlng ana hammering away
with his gaveD-Sit down.
Counsel-Aliow me to refer you to an authority.
Judge Davs-What authority 2
Counsel-The authority of chief Justice Chase.
Judge Davs-Be cautious, sir, or Will refer you
COunsel-I did not hear Your Honor.
Judge Davis-Another repetition Of that. or any
thing OF that character Will iall down upon you i'll
. way that may not be so pleasant
Mr.. Orrell was then challenged peremptoriy by
william Il. Lawrence and George Chase were set
aside by the Court. Abraham Shotwel was per-
Me sss 9y she Ge9pss
Ballard, No. 81 Pearl street, and Frederick A. Sails
bury, No. Isl Broadway. were set aside.
David Palmer wine merchant, was examined on
the principal challenge and found competent.
would not be pressed the defence and the Court
ordered him to be sworn. At this point ex-Judge
bm II he had not in that court room, expressed to
q Mr.. Darlington the opinion that all these men
indicted for frauds were guilty ny LIE replied IN the
and, at the request OF Mr.. Allen, the juror was
sent to take hfs seat in the box. without being
sworn.
The defence asked for time to send for witnesses.
but the Court would not delay. The arrangement
unsworn until the twelve are completed, the right
OF peremptory challenge being reserved to each
side until after the jury Is sworn. Mr.. Palmer re-
sides NJ No SO Seventh street.
Gilbert 8. Robertson and William Fletcher were
examined and set aside.
CAUTION.
Mr. Palmer, the frst juror, asked permission to
go away during the recess. Mr.. Trematn objected
to allowing the juror to GO at large, but Judge
Davis remarked that the gentleman was not
Aworn. His Honor gave permission to the juror
TO be absent during recess, but advised him to be
very cautious, and not TO allow any one to speak
to him about the trial. The Court then took o re-
cess.
AFTER RECESS
some time was occupied with the drawing of a new
panel for tomorrow BY Mr.. Gumblcton and his
assistants presence OF Judge Davis ana Sheriff
Brennan, only thirteen Of the nrst panel called
Benjamin Howard CONN, No. 1aa East Fifty. ninth
Adoiph Opper, iaces, No. 43 Walker street, was
accepted as the second juror.
Counsel asked what was the gentlcman's name2 ?
Counsei-I suspect you will have pepper when
the twelve are completed. You remember that we
mad Pepper before.
Mr.. Trenan Qaughing)- the pepper comes
from your side.
Judge Davis smiled.
Nicholas Dcmarest stairbuildcr, No. 1877 West
Thirty third street. had general impression OF the
prisoners guilt or innocence.
u IL IL general Idea that there were Taudsf A..
y believe they were general frauds.
Mr.. Demarest was rejected.
J. W. Woligang Mack, of No. LOG West Forty-sixth