The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-25
A Full Jury Selected Yesterday in the Court
Of Oyer and Terminer.
Scenes in the Court and the Appearance
of the Prisoner.
The Case To Be Opened by the
Prosecution To-Day.


afternoon. How this most extraordinary result
was brought about 1t would be very hard to say
1t may be that the counsel for the defence were
anxious to get the case hurried up as quickly as
possible, convinced, as they are said to be, that
public opinion just now is very favorable to the
prisoner, and that they therefore believed that
delay in the matter was dangerous to their cause.
The fact was shown, however, during the examina-
ton Of the jurors summoned in the two panels
that, with but two or three exceptions, every man
HAD MADE UP HIS MIND
about the case had in fact formed, II not fixed
opinion, at least an opinion about the guilt or
innocence OF the prisoner derived from reading the
newspapers In former celebrated cases the fact
OF mans having read the papers at all and having
derived an opinion from what he had read concern
ing the cases was sufficient to throw him out of
Court as incompetent 1t is true that the counsel
in this present case of WaIworth might have easily
been more exacting than they were and prolonged
their warfare Of selection for several days, If not
weeks; but 1t Is surmised that the adjustment OF
the trer system the placing of the power OF old in
vested IN trers In the presiding Judge) had good
Ienect yesterday, and made the prisoners counsel
less anxious than they otherwise might have been
to endanger the number Of their peremptory chal-
lenges. 81 -, = &C.
>; g. -..v<, THE COURT OPENED.
:. The Court was opened at Kalfpast ten O'Clock
promptly, the crowds that sought for entrance at
the d0orways consisting chiefly Of the jurors who
had been summoned TO appear. The prisoner was
brought in by Sheriff Brennan and one OF his depu-
ties, and was shortly afterward followed by his
mother, who was attired in deep mourning. She
was accompanied by the Rev. Mr.. Barker, of
Schenectady, brotherin-law OF the late Chancellor
Walworth. Her little son. aged about seven years,
also accompanied her. During the afternoon the
Rev. Father WawOrth brother OF the victim OF the
prisoner, arrived, and took seat beside his sister
in-law. The greeting between him and the prisoner
was quite cordial.
HOW THE PRISONER LOOKED.
The latter was neatly dressed in suit Of black
broadcloth the edges OF white vest being allowed
just enough room near the apels to set 1t of FASH
ionaby. His hair was carelessly brushed back
from his forehead. As he took his seat he looked
around at the audience in as unconcerned man.
ner as though he himself were endeavoring to see
where the prisoner was. Indeed. there was Just
the least bit of bravado about his manner during
the entire day. This was unmistakable-in fact,
rather positlve--whenever he was called upon TO
to be one OF the twelve. Whenever one was ac-
cepted and the Clerk babe him to rise he did 80
quickly, always being careful to thrust his right
hand partly under the lapel OF his coat
and threw back his head In q way that said plainly
as actions could say 1t to the audience. "You see
gentlemen, Pm not the least bit frightened 1t
might be venturing too much to say that he seemed
to be DESTROYS OF acting the part OF a hero, know
ing that he was the central figure in the proceed
ings and that all eyes upon him; still his cool
ness and general air and jaunty don tcare-a snap
way o. az acng ea Tne 10 oem9se 1a ha n
life was in danger he was sure OF being Landed Tor
what he had done, and that thus believing he felt
that he had right to wear an air OF one worthy
THE EXAMINATION or THE JURORS
was quite tedious affair, but occasionally the mo-
notony OF the examination and cross-examinatlon
was relieved by the appearance upon the stand OF
who anxious to get on the jury was not reluctant
to split legal hairs aud argue with the lawyers and
even with the Judge himself. The four counsel IN
the case-Messrs. OConor, Beach, Garvin and
Davisall sat near one another, the prisoner SIT
ting close beside and behind them, that he was
quired. But once, however, during the entire pro-
ceedlngs, did either OF the counsel find 1t necessary
or expedient to consult with the prisoner or his
immediate friends, aud that was while the eleventh
Juror, Mr.. Mlbank, was being examined. Mr.
Beach conducted all the examinations on the part
OF the counsel, Mr., O'Conor and the others simply
sitting by, and, whenever there was doubt as to
whether juror in the box was TO be accepted or
not, putting their heads together in consultation.
However, while Mr.. Beach was examining Mr.
Millbank, Mr.. OConOr went back to where Mrs.
Walwortt was seated and had short conversation
with her, and straightway, after he had returned
TO his seat and spoken to his associates, Mr.. Mill
bank was accepted, Mr. Phelps, the District At
torney, not Directing The prisoner paid the ut
most attention to the questioning OF the jurors and
their replies, and several times grlnned with mer-
rllnent Wnen some STUPID answer was given In
reply to plain question; notably SO in the case OF
one individual, named Levi Harris, Jr., who con-
tended that, on reading the account OF the murder
in the papers, he had formed an opinion which he
had got rid OF since, and had now no opinion at all
about the homicide, even though he could remem-
Der all the material facts he had read about in the
THE USUAL DISPLAY OF IGNORANCE.
There were some extraordinary specimens OF the
ignoramus examined, as well as OF the knowing
kind. who imagine that they are in duty bound to
go into metaphysics In order to make lawyer
created great deal OF suppressed laughter by his
dissertation on the difference between an impress
sion and an opinion and by the ridiculous want Of
confidence he had IN himself The most brilliant
sample OF total ignorance was James w. Tucker,
who coolly said that he hadn't at any time before
coming into court heard word about the case
that was to be tried; indeed, had never heard the
name OF Walworth. He finally said that he didn't
generally read the papers, which confession settled
his fate. ana he was joyously claimed by both sides
as one meet to rank among the twelve good men
and true. Another bright particular citizen,
when asked II ,he had conscientious scruplcs
but II proof enough could be had to show that the
prisoner was guilty OF murder he would have no
scrupes. II was quarter. past four when the last
luryman was secured, to the great relief Of every
body in the court ROOM
THE JURY,
The following are the jurymen selected
Joseph II. Horton. jeweller, 25 John street.
Jacob A.. Chamberlain, provisions, 5l9 West
James W. Tucker, machinist, 226 West Twenty
ninth street.
John z. Bell. lumber 30 East 18th street.
Bernard kemble, plumber, 2o3 East Fortysixth
street.
John Henry Lewis, builder, G73 Greene street.
Elijah II. Purdy lumber, 40 West Thirteenth
street.
William II. Docharty, builder, las Bank street.
William 9. smith, builder, 35 North Moore street.
William Hart, marble, 234 East Thrteth street.
Charles Il. Mlbank, brewer, IL East Twenty
fourth street.
George W. Wright, grocer, TO University place.
THE JuRYMEN DESCRIBED.
The first juryman Is a bright, intelngent-lookinp
have mind or his own during the trial, and not
be led away by any outside issues or appeals to
sentiment that may be made by either side In the
case.
The second is quite young man, and very intel
ligent-looking. He has frank, open countenance
and general manner that evidently had win
ming effect upon both sides, as he was accepted
without being questioned at any great length.
The third Is the man who scarcely ever reads the
papers, and who had never heard the case spoken
about anywhere. He has, strange to say, a high,
full forehead that betokens at least plenty OF room