Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-10-22
Third Days Proceedings In the
Crimt nal Court.
JURY OBTAINBD-THE WITNESSES FOR THE
GOvEREMkET SWORN.

resumed In the criminal Court before Judge
Humphreys, at IL O'Clock this morning.
Shortly after 10 O'Clock the TWENTY-FIVE tales
men summoned by the Marshal commenced 10
report, and as the hour of IL approached the
reys took his seat upon the bench promptly at
IL O'Clock. snd the Jurors were called.
Mr.: RIDDLE inquired whether he would be
QUESTION JUROR ACCFPTED
and sworn yesterday as to facts brought to his
notice last evening.
court Mr.. Nathaniel e. Smithers, of Della ware,
formerly the legal DreceptOr OF Mr.. Harring-
ton, who desired TO give his assistance to his
The court made the order admitting him to
The court said it would hear the counsel on
the question asked by Mr.. Riddle.
CAN a JUROR BE BCALLBD?
Mr.. Davtdge argued that Ii was now too late
TO recall the juror. The authorities are clear on
the point that the counsel have not thesight to
recall, although the court could set aside a jury
for cause IL before evidence Is given.
Judge Humphreys said the apple alton was to
triTR 70 the notice OF the court the competency
CT incom pct 1ncy of the juror.
Mr.. Devidge suggested that the prosecution
put the motion in writing.
The Court stated that the motion could be
taken by the reporter, which was done, aud
asked
Mr.. DavIdge noted an exception.
A JUROR CATRCHIsED.
Mr.. Riddle called the Juror Thomas L. J9hn-
SOP, and asked if he had not on Mond ay last had
conversation as to the case, in which he eX-
pressed an op mon.
Mr.. JohnsOn.-I did not.
Gen. Henkle.-I object,
MIR. Riddie.-Not with one Michael HAYES
Mr.. JOhnson.-NO, sir. met Mr.. Hayes near
the courtroom, and simply shook hands with
him and passed on.
Mr.. Dalidge.-I desire to withdraw the e1-
ception.
Mr.. Riddle.-Yoa are too late.
The Court directed the juror to take his seat.
TEE NEW TALEsMRN.
The talesmen summoned were called, as fol-
lows:-John A. Baker, Robert Boyd, st. Clair
BuIley. Edward ". Deith, Samuel Cross, n. Il.
FugLtt, b. Lewis Blackford, VIM. Dickson, L.
a Bartlett, III. ID. Cooke, jr., W. II. Barker.
VIM. Day ton, D. p. HIckling, .. II. Morrison,
Geo. ge I. Bassett, Il. w. bowman, q. ".
LarI er, X. NJ. Drinkard, P. VI. Dubant, Sam1
cney, Walker Lewis, G. +. MOseby, William
Nelson, James P. Willett, ard III. @. Swain.
he names were placed in the hat and drawn
drawn as follows and sworn on their voire DIRE :
b. Lewis BlackfOrd, excused by the court st.
Clair Burley, had formed an opinion.
By MIR. Riddle.-Know two Of the defendants,
NeSsrs. Harrington and Williams.
,,Q.IHave you had any political relations with
Mr. David GEL object. YOu cannot question
On that point.
Mr. Riddle.-NOu cannot Stop the question
but you may the answer.
The Court referred 10 a Maine case in which
jurors were permitted to be examined as to
their prejudices, and said that the question
could not be permitted at this point; il would be
too irregular.
By MIR. RiddIe:-was not conscious OF any
present bias. Never had any business with
Mr.. Harrington, bat had with Mr.. Williams;
was catering now, neither of the defenda nts
were his customers (rUled OUT; was not a direct
tax payer, but paid license to carry on busl-
The defendants accepted the juror and he was
sworn, making the eighth.
Gideon W.Larner called.-Witness had formed
an opinion.
By the Court.-Did you form the opinion from
the newspapers and hearing reports.
Mr.. LaIner.-My opinion is divided-unfayOr-
sbis Al 10 one, but could give verdict according
The Court.-Ha is a competent juror gentle
mn,
By SIR. Davidge.-Had formed an opinion
against one ana favorable to another, ami had
repeatedly expressed that opinion.
The Court.-FOr the present stand aside.
Obadiah III. Morrison had formed an opinion
from reading the papers aud hearing reports,
and il was such that he could not give an i'm
partial verdict; set aside. II. e.. Swain had
formed an opinion, but had not expressed it.
This opinion was based on what he had read
and heard. He asked, however, to be excused,
As be was an officer of the Second National
bank. The court excused him temporarily
VIM. Dickson had formed and expressed de-
cided opinion that one OF the parties was guilty,
and belief in the innocence of Others; set
aside. Robert NJ. Drinkhouse had formed an
opinion; Get aside. Samuel Cross had formed
an opinion, but could give just verdict. He
asked TO be excused, as he was the only repre-
COMPANY.
cided.
The Court.-Stand aside.
Daniel P. Hickling bad formed and expressed
an opinion, but could give just verdict; &C
cepted and sworn. Nathaniel b. Fugitt had
formed an opinion-a decided one; set aside.
George f. Moseby had formed an opinion, but
could give verdict on the evidence.
By Mr.. Riddle.-He Lad an impression on his
mind which would have to be overcome.
Accepted and sworn.
hnh al snsa
aside. Samuel Getney had formed sn opinion,
but could give verdict on the evidence.
BY Mr.. Riddle:-Witness had been connected
with the late District government as a member
of the legislative council; was slightly acQuaint-
Ell with MIR. Harrington
Accepted and sworn.
Walker Lewis had formed and expressed an
opinion, but not such one as would p-eVen
dence.
Challenged by the defence.
MR. RIDDLE CHALLESG IS GOV. COOKIES SON.
Henry ID. Cooke, jr., had hot, he thought,
formed an opinion.
tax payer; is a son OF the late Governor; wa
acquainted with Mr.. HsrringtoD; he "a was
not connected with the government unde- his
fathers administration; Mr.. ii. was a trient OF
his and he had kindly feelings for him.
Q.-Would it not be VI h reluctance that YOU
would give force u evidence against him?
Mr.. Riddle challenge for cause.
BY MIR: Dsyidge:-CoU!d give verdict ac-
coTdiDg to the evidence.
By the Court.-Do you stand 50 Indifferent to
the government and the accused tn At you could
give verdict according to the evidence?
ADswer.-Ees, sir.
The Court.-He is competent.
By Mr.. Riddle.-Did you take any interest in
the investigation of the affairs of the District?
Mr.. Dsvidge.-I take an exception.
Answer Yes, sir.
Mr.. Riddle.-The prosectiongr grows out oft?
Answer.-Yes, sir.
Mr. R.-You had some feeling in relation
thereto?
Answer.-Yes, sir; but do not know that L
have any now.
MIR. Riddle argued that when the investiaa-
ton Of the affairs OF the Board OF Public Works
was going on before Congress the fat her Of Mr.,
Cook being the president of that board this con-
spiracy was formed. 1t seemed to him that the
gentleman should have asked to have been ex-
cused, and Ii would have been highly proper
for the defendant to have asked him to step
aside.
Mr.. Davidge said that he had seen nothing to
prevent the young man from being juror.
He was to be commended for his frank manner
in stating that he had no prejudice. In behalf
of the traversers he desired to staue-protesting
sgainst the injustice OF the attack from the
other side-that he would cut the matter short,
without any desire to crafty the other side, by
relieving Mr.. Cook.
The court SAID the law fixed the uualitca-