The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-29
BLEAKLEY AT THE BAR O.
JUSTICE.

Maud Merrill's Murderer Brought to
Trial-Slow Work I'm Getting a Jury
A Panel of One Hu ndred Exhausted
and Only Four Jurors Obtained.
= 1t is unnecessary to recite In detail the crcum
stances connected with the shooting by Robert P.
Beakley OF his niece, Mary Ann Foley, alias Maud
Merrill on the 10th Of last December, at house OF
Ill repute in Nelson place. All the surroundings Of
the case were as singulary unusual as they were
painfully tragic. The subsequent calmness OF
Bleakley, the GOODNESS with which he announced
the shooting to one OF the inmates as he quietly
walked out OF the house, and his speedy surrender
OF himself to the police, are facts still fresh in the
public memory. He did not act at all In the way
usual with the perpetrators OF q dreadful crime.
His own explanation OF the affair, assuming that
1t was true, rather went to show that he was
RELIGIOUS FANATIC,
and that he killed his niece because she would not
listen to his entreaties and REFORM but insisted on
leading a lie OF shame. or course this was set
down as the alteration OF diseased mind, and
this is the theory that his counsel, Mr.. william F.
Howe, has ever since been sedulOusly trying to
estabsh-a theory sought to be confirmed in the
recent application for q commission Of inquiry to
settle the fact of hereditary insanity through proof
OF the death OF his father In a lunatic asylum in
Ireland and suicide OF q sister while confined as
lunatic in the same institution, and theory be-
leved to be more emphaticaly substantiated by his
recent attempt at suicide in the City Prison. Some
II Is true think this suicidal attempt OF his little
thin; but still 1t goes to make up part OF the case
That IT y a complicated case admits Of no ques-
ton, and that Mr. Howe so regards 1t Is abunuantly
proven from the fact OF his having associated with
HIM as counsel ex-Mayor A. Oakley Hall The
Il there is any legal loophole OF escape
for him his counsel will find 1t out. His trial was
set down for Yesterday in the Court OF Oyer and
Termner before Judge Brady 1t was q foregone
conclusion that the court room would be crowded,
for the trial promises to be OF that special character
to the prisoners counsel. Messrs. Howe and Hall,
appeared District Attorney Phelps and Assistant
lev was not 9iven seat BY his Counsel but Kent
in the corner OF the room assigned to prisoners
waiting arraignment or trial. He did not appear
In the genteel and fashionably cut garments worn
ON previous occasions, and with face rudy ana
cleanly shaven and hair neatly and carefully
combed as In his prior appearances in Court. on
the contrary, he was poorly clad, wearing dingy
gray coat and with face unshaven and cravat
awry, and his hair which is rather thin, standing
out on end. He looked feeble, tOo and mournful
listessness family cleaned rom his lack-lustre
eyes,
Directly after the calling OF the case and the
counsel on both sides having expressed their readi-
ness to proceed with the trial. the work OF getting
jury was promptly entered upon panel OF 100
jurors had been drawn lor the purpose. From this
number 1t was confidently believed the required
complement could be easily obtained, but II did not
prove so, ana the result was not long In developing
ITSELF In order to save time II was arranged That
each Juror should first be asked IL he had consci-
entious scrupes against bringing in verdict OF
guilty where the verdict was death. One would
hardly believe that such an amount OF conscien-
tiousness pefvaded the community on this subject.
Many got of on this plea, but the dlnculty III most
cases was the searching process OF questioning to
which they were subjected by the prisoners
counsel. For the most part 1t was tedious, such
catechising processes usually are, but there were
occasionally refreshing GASES In the desert waste
/ OF stereotype questions and answers.
"Have you bias against the prisoner ~ one
was asked
"on the contrary answered the juror II have
always bias for man who has committed q
/ crime"
1 ing to the evidencey ~ was one OF the usual ques
tions asked another.
''To be frank" replied the juror, II don't be
| lieve could; Tor couldn't give nv mind TO the
/ evidence am so absorbed In my business
| "Ihat opens new chance OF escape from Jury
duty said Mr.. Howe; 'but youl have to be eX
an excuse him." remarked Mr.. Phelps.
| "You are excused" said the Judge.
"Thank you" said the Juror, and then he asked
az suppose can now go to my business 7" query
that evoked general laughter:
Have you read any thing about the prisoner In
| the newspapers 2r Mr.. Hall asked a juror.
| ~ read something the other day."
''Did you form any opinion from the facts yor
| read ~ pursued the ex-Mayor.
1.-THE article contained no 1acts"
"a newspaper article and no facts In IVY Wen
that Is nothing unusual" observed Mr. nan IN ma
'Iiave you any impression as TO the prisoner
guiltS" Mr.. Hall asked another candidate for thu
| jury box.
"Yes sir; Ihad.r
.'lias anything said or done In Court, or the
prisoners plea or his demeanor changed your
opnionp'
eyes, sir; think he Is imbecil."
~ EXCUSE the JUROR said the District Attorney
Have you formed any opinion az TO prisoners
to a juror.
eyes but ! now think he is not in his right
MIND. nave opinions for and against nim.u
rms Juror was declared INCOMPETENT But
columns might be filed with this sort of thing A.