The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-11
SIMMONS ON TRIAL.
Brief Review OF the Case-Opening Pro-
ceedings-Empanelling a Jury-Only
Two Jurors Obtained.

Brief Review OF the Case-Ope ming Pro-
neutrality-suspicious. a Jury-Only
Two Jurors Obtained.
At length, after repeated adjournments, John E.
Simmons has been placed trial for the killing OF
Nicholas W. Duryea, on the 10th OF December,
1872 A brief reference to the particulars OF the
tragedy il only requisite at present, the circum-
stances Of the killing being OF SO peculiar char
acter as to impress themselves almost indenbly on
the public memory. For some time previous to
the killing Duryea and Simmons had been in the
policy business together, but mutual misunder-
standings having occurred between the partners
business dissolution was agreed upon, and they
each went into the policy business separately. The
differences existing before the dissolution ripened
INTO most bitter personal animosity, and deadly
hatred usurped the place OF intense dislike.
frequent threats made each against the other
were INDUCED In by both, and it was only ques-
tion OF time for the heated passions OF the men to
culminate IN an encounter such as the one that
subsequently took place, as both the parties were
looked upon as desperate characters when any
thing occurred TO disturb the serenity Of their ex-
1stence on the 10th OF December Duryea visited
words we're spoken. EXAMINATIONS and recrimina-
oons were INDUCED in, and finally clinch. Both
men fought on the sidewalk and the struggle was
2 most sanguinary and desperate one. At last
Ouryea, being the most powerful man OF the two,
which he tshtePed as over they rolled into
tne street gutter. IL was the grasp OF GER
Sdfu uedtu, IL Is claimed by the defence, and
both men understood IT. Stealthy simmons, who
was getting blue and white the face by turns,
got A1s hand into his pantaloons pocket and drew
knne With the strength OF despair he plunged 1t
INTO the side OF Duryea- The hold relaxed, and
FEELING this, simmons stabbed again and again
until Duryea was CHASTITY and bleeding corpse.
Simmons was arrested, when 1t was found the
severity Of the struggle had broken his leg. Upon
the Coroner's inquest the prisoner was exonerated
nOm all blame by the jury. simmons, after his
escape, was on the point Of departing the city
when the District Attorney had him re-arrested
and indicted by the Grand Jury for murder in the
Mrst degree. Ball was peremptoriy refused. and
he was remanded to await trial. simmons, in ap-
pearance, Is . Snort thick-set man. rather gentle
manly looking than otherwise, and dresses exceed
tngly well. He still walks with the OF crutches,
having not entirely recovered from the injuries TO
ms leg.
The case came to trial yesterday, before Judge
simmons legal defenders were John Graham and
John K Fellows. District Attorney Phelps ap-
peared for the prosecution. There was large
crowd in attendance.
OBTAINING JURY.
ON the calling Of the jury panel fortyeight Jurors
answered. Mr.. Graham asked why the others
Judge Brady answered that he did not remem.
Der the particular reasons-some from sickness,
some from deafness and some perhaps from the
exlgencies OF business.
Mr.. Graham insisted that the statute forbade the
eAcusng OF Juror for the exgences Of business
Tor more than three days and that after panel
~as once sworn the prisoner had kind OF prop
Judge Brady said he could not really inform him
Mr. Graham then asked that all those excused
De summoned before the Court 10 give in their ex- |
cuses before the prisoner and his counsel so that
~ could be ascertained whether their excuses fell
within the statute ofls72-
Judge Brady denied the motion.
mr.. Graham then interposed a challenge TO the
ariay on substantially the same grounds az those
me posed IN the Stokes and Tweed trials--namely
s Snas tne commissioner OF Jurors mad put into the
Jury poA TESS than one-third OF the $4,000 Qualified
70 uo Jury DUTY, and that this number had been re-
NJ rs .he cravings for other panels to 1000
nc MI' vrhnan explained, the prisoner Thought
jury lottery and that the seine should no drawn
IN river and not IN small creek
leDge and Judge Brady sustained the demnrrer
Inc empanelling OF the jury then proceeded
Thomas a. OHare was The 1rst man called and |