The New York herald., 1873-10-10
The Proceedings.

THE CHALLENGE TO THE ARRAY sUsTAINED-JUDGE
DAVIS OPINION.
Judge Davis on taking his seat on the bench at
once proceeded to deliver mis- decision on the point
raised the previous day as 10 the legality OF the
jury array. Judge Davis said
have given the nterposed by the defendant
as M s an o p s mas IS h e
asns he apswy the city and coan Of
the hands of single oiicer who i Clothed with very
@ $ sa sSsn "ne ay .ns % S the to ees AS 5
their qualifications upon the suaeleney Of iheir
sS a&ss .s%SS
m an
ersiss q which he is subject sontroI BY Court
H in and PaS
% Chose any whose names be had h III that at
o s of n any q he vs s ssaeas sssaass
the list there San be doubt & that there would be no
this Or any other Court These are the points which
tention has been called instance the Jewe
s % e R P % a Il WAS
that had h S
fsops fSf ss'2sa
Charged pndRs S n IL s .a
T. the q Nat
the oecton e.ciaains The 1radea Jurors Sea
n s % s sa rR s ns 9 y to @ m0Ss
challenge e the arrav. This direct condiet with
Sn ef he duties ties I sSns comms
81 ali s. % s
directory private Information or ether sources-sup-
5 5S
SRsss @ SSoi SSs'
%, ssn!s @s"s q s's a me nae f.s
Sss's S II e e
ne so%Ss,.t Isl il, &: III 81:
slude the work Of the Court or the commisionsI
s s aaa % S e e Ss 70 s @
,SneT Ct Juror, na had ,r cO%pssa general ss q
Guiding from certain classes that were true and
s as IN Ss
s 81 ns was NO s %es e & M hs
amounted =, to a, peryer,s99nI OF such machinery
Fl shsnss sd alleged e. sg
eSse had prcdacsa 70 the
the challenge would have been properly stained. In
aned The act Of the tommissioner IN Selecting from
1850 esys oa or s eans
@ S. done h. :, in a s
Assuming that 70 be true the demurrer does assume
ruled leave to the Dstrcs Gua HofnSy SyeI
he chooses to answer over in such form he may
Mr Dos Passos..Athough, may it please Your Honor
the challenge to the array nterposcd by the
TOR the defendant In perfect good faith and upon the
a oo Ia. Sa o the
they laid down In In the challenge were correct IN prin
Shas
S % IL a
% With I my learned associates u Your Honor
Il was predicated upon information communicated
Commissioner OF Jurors. Yet from facts which have l
come TO our knowledge since the argument Of this cha
jurors IN the office, and that the Commissioner referred
10 the fact that there between 10000 and 5000 per-
those contained on his register not that completed list
which is intended to be embraced and which Is under.
Your Honor consents, withdraw the challenge
Mr. Treman added that he had since the adjourn. |
Taylor aud had then ascerained that the book WHICH
they he before supposed TO be the perfected list was
eay ,e mere & bsy sd "a names IRON which g make
lenge 80 ~
EMPANELLING JUsY
The process OF getting q jury was then entered
estate broker, OF NO. 337 Fifth avenue He has re.
slded III tne city for over twenty-five years. AZ |
the time OF the tragedy he read the papers and
formed an opinion, but he believed that he could
be guided solely by the evidence given, ee
The Court ordered an order to issue to Jarnes II
WATSON 70 snow cause at the opening OF Court on
Friusy WY ne should not be punished for contempt
Mr; Drake mad an opinion which made him IN
GapaSle pu. tne third man called Thomas White
an elderly gentleman, plainly fairminded though
confessing to O slight bias was accepted nj twenfu
nye minutes past twelve r. M.
'acoo "oiigapg Kpapp was 50 philosophical that