The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-11


accepted by the prosecution and defence, and
sworn in. Mr.. Thompson is o merchant and Justice
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ment upon even graver matters than are involved
In the trial. Samuel H. Duvall had the distinguished
free from bias, and had expressed no opinion one
way or another about the accusation. The Court
decided him competent, bus NtN. ra
THB STATE CHALLENGED HIN.
Mr. Thomas desired to place on record the ex-
ception OF the defence, as follows:-
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Juror peremptorIy the part Of state Of Maryland
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In support Of this action he pointed out that
heretofore the prosecution had no right except In
Baltimore, and that by virtue OF special Legislation
the Assembly had given that power to the States
COUNSEL; bat it must be taken into consideration
OF the accused To allow the states Attorney priv
ilege under the act would therefore, DO to assign
which, under the constitution OF the United States
cannot be tolerated. The Court, as in all previous
lowed the exceptions to be filed and Samuel e.
Duvall was set aside. The counsel for the State
and made no argument in OPPOSITION. A0 John HU F.
Eiii0tt nad formed an opinion, but hardly such as
W. tnd remain unshaken BY evidence. In answer
OF former or present Impressions, he answered in
directly that he thought ne was not positive that
nc did not know whether he might or might not be
able. Mr. Hagner. Of defence, addressed the
that surety might be felt that he would render an
Impartial verdict. The question is an Important
one ana should be settled as soon as possible. He
would rather have raised the question as general
one instead OF in this particular instance, and 1t
was without any intentional disparagement to the
juror that he desired some acrion at this stage.
JUDGE MILLERS DECISION
papes which was 20 spht or on atrs wcb
would not influence the juror despite the evidence
tn he would hear, should not disqualify him.
for, Judge Miller read from q decision by Chief
Justice fancy, page 1,070-"If the juror has formed
tertains that opinion now without st Waiting to to
near the testimony, then he Is incompetent;
pas 4 rom reading the M or hearing
bic to the prisoner, but has no opinion or preju-
dlces which will prevent him from doing impartial
justice when he hears the testimony then he is
competent" Mr.. Elliott was recalled and re-
questioned; to the first question he answered
tendance on the trial Of Mrs. wharton for the al
legged murder OF General Ketchanl and from read
fourth that he thought his opinion dsaualiaed him
He was set aside for cause. The next two jurors
were accepted. Thomas A. Phelps, farmer had
passed and sworn. He Is mlddle-aged, wel.t0-
do intelligent son OF the soil, and, judged from
farmer, had formed an opinion but not firm one
or one calcuated to stand against evidence. He
was sworn like the gentleman preceding him. He
is nne sample OF landowner, living quiet,
peaceable life, having large views and an eye to
the main chance. In reply to the first question he
one as would prevent me from giving an impartial
THE DEFENCE OBJECTED
In the following document
fourth progress Of this cause The clerk called
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5sseq sSoqsss 'n Sas'Ss
that Opinion to Which he mot
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ssf @ hs iii ana n Court
Amos II. Harmon was challenged by defence;
Louis A. Clayton was set aside for cause; w. Ii.
Thompson Tor cause, and then
THE FOURTH JUROR WAS SECURED
In the person OF Edward Taylor, a farmer, quite
young and bearing marks mari g, Of intellgence William
was challenged by defence;. Joseph Shepherd
set aside for cause, and stephen Beard
was plucked by the prosecution; Walter
Phelps farmer, a hard, iron looking
skin and Herculean build, was accepted by the
Court and both sides and sworn. His face in re-
pose Is stern and betrays nnexIDle and unyelding
nature, but he has kindly smile and frank eye
that relieves the sternness OF his features.
THE THREE JURORS REMAINING ON THE PANEL,
Benjamin watkins, Edward Powers and James An
drews, were challenged by the defence. So much
expedition was used that the panel was exhausted
at half-past eleven O'Clock, and the Court, after
charge to the five chosen jurors and ordering
new panel to be drawn,
ADJOURNED
till halfpast nine tomorrow. There could be
nothing further done tomorrow In Mrs. WnartOns
case, as the Sheriff could not by any possibility
reach the jurors drawn in time, some of them liv-
lug twenty miles away in different directions.
The witnesses and all others interested were di-
rected to be In attendance at half-past nine on
Monday morning. Mrs. Wharton went away,
the spectators left the Court to the Judges and
lawyers, and the trst.week of Mrs. Wharton's trial
for an alleged attempt to poison Eugene Van
Ness was ended