The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-11

was killed. and thar scannen killed him. He didn't
think he remembered the circumstances. In iact,
y C hal to he favor BY Mr.. Beach.He did
not remember that he was killed in pool room |;
Of any iend between Donohce and seanneli he did
not know Of the killing OF ScannelPs brother; he
the in
them no had some prejudice against those accused
Of murder, and had, he supposed, such prejudice
against the prisoner, but he thought 10 would not
prevent him from trying the case impartally upon
TO Mr.. Phelps believe the prisoner killed Mr..
The triers sustained the challenge.
John ". Reed, OF 1872 West Twelfth street, had
read OF the murder In the papers, and rom the
| papers had formed some Cpl lie would be
compelled to nnd his verdict impartially on the evil
The challenge was overruled, and Mr.. Howe ex-
| unconstitutional
Mr. Howe then challenged to the favor.
The juror had not formed an opinion the offence
committed was murder. He had formed an Opin
lon an offence was committed He thought his i'm
preston was OF such natule as TO require CYL
dence to remove 1t.
Challenge sustained.
The Court here took recess.
After Recess.
Henry T. uodet broker, stated that he had both
formed and expressed an opinion as to the guilt
Of the prisoner but he believed he could act as an
Counsel for the prisoner promptly withdrew
After being shuttle cooked between the counsel
and the Judge for twenty minutes the triers set
DRAWING A FRESH PANEL.
Al this point O procession OF county officers,
headed by Mr.. Gumbleton, Deputy County Clerk,
filed into Court, and the large circular box, from
which Jury panels are drawn was placed beside
and was about to set the ''merry go 'roundr in
motion. when Mr.: Spencer. on behalf OF the
until the present one was exhausted.
The District Attorney inquired on what ground
Mr. Spencer sadWs claim ma rgnt When the
panel is made, to be present. Complaints have
been made in reference to drawing the panel and
We appreciate the responsibility on US, and we
propose to do our best for the prisoner
open Court you cannot be proven ed from being
present. but you cannot interfere with 1t in any
way. The object now is to draw the panel in time
Mr.. spencer-we object, because the prisoner
wants time to find out the names Of the Jurors
drawn. We object to another panel being drawn
until this one is exhausted, or during the trial.
Judge Brady-GO on for the present; we may get
jury from this panel
Mr.. Gumbleton then relinquished his grasp on the
wheel and stood aside. re
FIRST pEREMproRY CHALLENGE
Edward Fl. Baxter. who had an objection to but
not q conscientious scrupe against the infection
Of capital punishment, was found competent on his
stating that though strongly of opinion that muir
derers should be vigorously prosecuted, he stu
had no bias against Scannell. The defence chal-
lenged him peremptorily;
Mr.. Dryus shook his head-he never heard or
read OF those parties. 4
MR.. DRYFUS THE FIRST JUROR
Both sides considering Mr.. Dryfus' mind the de.
sirabe frame to enable him to act, he was sworn
the first juror. Mr.. Dryfus is out Of business at
present.
JAMES NJ QU1aLEY SECOND JUROR.
James M. Quigley, a retired merchant residing in
Fifteenth street, was sworn as the second juror.
Shortly after three O'Clock there was another dis
cussiOn about drawing new panel The defence
objected to drawing the panel until the present
one was exhausted; and, secondly, that the draw
ing was illegal.
Judge Brady said the second panel would not be
drawn until the first was exhausted, and ordered
the drawing to 60 on. s-.
Mr.. GumbletOn then drew one hundred tickets
and read aloud the Names residences and Occupa-
tions. The jurors so drawn were most Of them
merchants.
Judge Brady then stated that he allowed the
panel to be drawn in that manner lin presence OF
the defence) because no other Judge was available,
but 1t cOnld be done before any of the other judges
and 1t must not be taken as precedent.
The Court then adjourned.