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

was kfled and tina, scannell killed him. He didn't
think he remembered the circumstances. In iact'
he did not remember much OF what ne READ.
not remcmber that he was killed in pool room !;
he thought was IN the street, ne G,0 not h xn %%
not know OF the killing OF ScannelPs brother; ne
had read the appeals in the newspapers about the
them; he had some prejudice against those accused
Of murder, and had, he supposed, such prejudice
against the but I'm nc thought would not
TO MIR. Pheips[ believe the prisoner killed Mr..
The tricrs sustained the challenge,
John W. Reed, OF 1872 West Twelfth street, had
read Of the murder In the papers, and rom the
papers had formed some 0plnion. lie would be
dence.
The challenge was overruled, and Mr.. Howe ex-
cepted taking the ground that the act Of 1872 was
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-
Ion an offence was committed He thought his i'm
preston was Of such nature as to require evi-
dence to remove It,
Challenge sustained.
The Court here took q recess.
After Recess.
Henry T. Godet, 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 FRESH PANEL.
Al this point o procession OF county offlcers,
headed by Mr.. Gumbleton, Deputy County Clerk,
the Judge Mr. Gumbleton had seized the handle
notion when Ta Mr. Spencer, on Sshalf Of the
prisoner, objected to the drawing of another panel
until the present one was exhausted.
Nkan sfpR INN rod m w mi
THE DEFENCE WATCHING THE MOVEMENTS.
Mr.. Spencer said--We claim q right, when the
BEEN made in reference to drawing the panel and
we prefer to watch every slip in the case jealousy
We appreciate the Responsibility on u.s. and we
open t Court you cannot be prevented from beng
way. The object now is to draw the panel in time
to give the jurors notice.
Mr.: spencer-We object, because the prisoner
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
Mr. Gumbleton then relinquished his grasp on the
FIRST PEREMProRY CHALLENGE.
Edward Fl. Baxter. who had an objection to but
not conscientious scruple against the inniction
of capital punishment was found competent on his
stating that though strongly of opinion that muir
dercrs should be vigorously prosecuted, he still
had no bias against ScannelL The defence chal-
Mr.. Dryius shook his head-he never heard or
read Of those parties.
MR.. DRYFUS THE FIRST JUROR
Both sides considering Mr.. Dryfus' mind the de-
sirable frame to enable him to act, he was sworn
as the first juror Mr. Dryfus is out Of business at
present.
JAMES M. QUIGLEY SECOND JUROR.
James M. Quigley q 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
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. rs
Mr. GumbletOn then drew one hundred tickets
and read aloud the names, residences and Occupa-
tons. 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 it conld be done before any of the other judges,
and 1t must not be taken as q precedent.
The Court then adjourned.