New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-13
SHARP JURY DISCIPLINE.

MR.. GRAHAM UNsUCCEsSFULLY CHALLENGES THR
ARRAY IN THE TWEED CASE-THE EIGHTH JUROR
DISCHARGED UNDER SUSPICIOUS CIRCUMSTANCES
THE WHOLE NUMBER TO BE KEPT TOGETHER
HEREAFTER,
Another interesting session is TO be chron-
iced the Tweed trial, although the entire day
taken up in securing single juror. Recollectng Mr..
Grahams reputation for pertinacity. which he In
the former trial. IL naturally expected that before
the present we'll begun he would be heard from
In some move position peculiar to himself and proba-
bly, neither the Court the spectators at all
tonished when he the Court was
opened aud interposed, Tweeds behalf. challenge
tho array OF the panel OF jurors. Mr.. Graham
stated his ground OF objection to be this, that
in this county when the panel Is exhausted the
Sheriff must be directed to summon new panel from
the bystanders the panel at large Mr. Graham after
referring the Judge to page lo Sd Revised Statutes
Sec g. and page 698 volume containing the act OF
1si7 read affidavit by Tweed, which recites how.
previous day TUESDAY, by OF eleven jurors
being impaneed and other jurors set aside there did
remain "A ballots ballots at all Of jurors then
attending the Court did not order the Sheriff TO sum-
mon as many persons might be necessary from the
bysanders the county at large but directed 80 to bc
drawn In open court from box kept by the Clerk OF
the County from an imperfect list OF jurors selected by
the Commissioner Of Jurors, containing COO names
when that list delivered the names Of 1900 compe
tent persons omitted and ballots for them not
the box OF the County Clerk Aforesaid"
Tweed therefore, asked that the panel not summoned
by the Sheriff from the bystanders or the county az
large according TO statute, should be quashed Mr.
Graham added his opinion that TO deny the defendant
the right OF having the Sheriff into the body OF tho
county for his panel and TO restrict him TO list Of 800.
already lessened by drafts from other courts an In
Justice Judge Davis was prompt IN his which
was that should not strain point 10 give the Sheriff
power go into the body OF the county and select
Jurors he chose The law disposed take away the
power from the individual officer ths
old mode selecting by lot Judge Davis said he should
interpret this the meaning of the Legislature. al
though the language OF the act might be Tho
objection accordingly overrued, and the exception
of Mr.. Graham naturally followed.
The panel Of So drawn Tuesday night before the
adjournment, called. Tho hrst seven left mo
stand almost they had taken H. aud up 10 TO
cess not single juror was obtained.
Eight seemed TO be an unfortunate number In tho
uryoox for, In the Stokes trial. the eighth Juror was
found 10 be incompetent 30 the eighth IN inc
Tweed trial wss discharged yesterday by judge DaWS
The matter came up after recess wnVn ,sss mar
Ex-Judge Fullerton, who had been informed OF .hs
charges said: IL am instructed by my oHont W ~
that he Ia directly or hdirectY icspos,ue
for what taken place. The Bi-tficth',o'.cy ma
kindly communicated TO us tue h s 40 ~ Wa No"
Is reported 10 ma ye done, ana II mas been done oy
some person who seeks to bring my client into dsre'
pute We have no objection 10 the FULLEST inVestig alton
stao vour charge aud produce your witnesses All We
ASH il 10 meat the acouser TACO TO face" -.
Tnis AaaouaoeDept created no uyelest anhelnAoas