The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-11

Mr. Graham challenged him for principal cause
and demanded trlSrs. demanded that he be sworn
10 give evidence TO the trers, and objected TO tue
Court hearing the challenge ana 70 the jurors being
sworn To give evidence TO the Court. All these re-
quests having been oyerrued Mr.. Graham entered
hour exceptions.
Mr.. o'hare had. however, talked with witness
oil the occurrence, and was excused on the chal-
lenge.
Frederick Speyer was next called and 1T was ar
ranged that the objections and exceptions taken
III " Hare's case be granted for each one cailed
without formal renewal. Mr. Speyer was opposed
TO capital punishment and was excused .o,..,
John Crouch, carpenter, OF No. III Macoougal
street, had never heard OF the case; pelng Inc
nrst juryman not excused on principal chalenge;
Mr.. Graham asked the Court TO take the usual
oatn as trier.
Judge Brady said he had personally no objection
II the District Attorney did NOT object.
Mr.. Graham said there was no person before
whom hr could take such an oath. The District
make His Honor swear Mr.. Graham could.
Mr.. Graham-Il the law OF 1870 reduces the mat
ter TO absurdity II is not our fault.
The witness said ne thought from the searching
cross-exanilnation OF counsel this was pretty
Mr. Graham argued that this showed bias.
The juror was challenged peremptorily.
At ten minutes past twelve P. NJ, Mr.. Temple
Prime, No. lat West Fourteenth street, not IN any
business, was accepted ana sworn, and took the
foreman's place in the box.
SECOND JUROR.
Edward Vreeland, builder No. 433 Seventh ave-
nue. was positive that lie had no bias, and he knew
oil no reason to disqualify him.
Mr.. Graham-We withdraw the challenge.
IL
PURSUING THE JURY HUNT
Patrick Talon, carpenter, No. POS West Thirty
about the prisoners occupation, or the funeral oil
Duryea and the burial service held over him; does
not recolect having read anything about the shoot.
ing, but heard Off
Mr.. Talon admitted that a young man said to
him this morning that he didn't believe Simmons
! guilty.
District Attorney Phelps rose after the defence
Withdrew the challenge, and commenced to ex.
anime the witness on a renewal OF the challenge.
Mr.. Graham-Will you renew the challenge
Mr. Phelps somewhat rutded)-l have renewed
Mr.. Graham lcomplainingy)-I didn't hear him.
Mr. Phelps-I can't help that.
Mr. Fellows-Perhaps the gentleman could help
1t by speaking little louder.
Mr. GrahamnYo9 are big enough to speak loud
| Mr. Fellows-We accept the Juror
FURTHER MISUNDERSTANDING.
Sanford L. Sayer stables, No. $50 sixth avenue.
|, admitted that he was slightly acquainted with the
| Mr.. Graham-We challenge to the favor
Mr., Phelps-i jotn IN the challenge and concede
| Mr.. Graham commenced to examine the wit
! ness.
! challenge and Conceded it there is no issue.
Mr.. Felows-There is; this is an investigating
challenge. >, ,,,,,
petent by reason Of bias, and join IN the challenge
M Fs.s5Ns-on the challenge 70. for fsayQr the
|
by reason OF anything developed on the previous
challenge that the prisoner is biased or affected
express purpose or determining 1t. The District
Attorney cannot estop US from ascertaining that,
Otherwise .1 by SIMPLY joining in the challenge,
Court, on the ground that they were preJu-
diced, without the Court, winch is the tribunal to
determine it, finding out anything about 1t; and
the defence, by joining in the District Attorneys
challenge, could prevent a case ever going to trial.
Judge Brady said the rule was simple. They state
definite grounds OF challenge; then II they are con-
ceded there Is no issue.
Mr.. Graham then stated the usual grounds Mr..
declared the challenge sustained. to which the de-
Richard L. Dugdale was excused by consent.
| Marcellus G. Shattock, produce commission,
| Washington street, was excused on the challenge
John F. Flanagan, No. 80 Reade street, grocer,
| was excused on account OF CONSCIENTIOUS scruples
| on the subject OF capital punishment.
Judsop G. WORTH teas, No. 1s2 Duane street. on
the challenge for principal cause admitted that
on reading the report OF the homicide he had an
opinion the man mad been murdered four times
meaning the amount OF violence used, and that II
without excuse-he ought to be hanged But at
| present witness has no opinion way the
other, and Is able to render verdict solely on the
! evidence.
Mr.. Fellows submitted that the Court should hold
the challenge to be sustained.
Judge Brady thought not He went on to say
the jury system had undergone great revolution.
1t originated, in his opinion IN the calling Of wit
nesses; then OF persons from the district who
knew the parties. The general intelligence OF the
American people Is recognized by the recent law.
! Everybody almost reads newspapers and forms
some opinion at the time or has some impression,
but the law says ANY present opinion" The wit
ness had none and should be held qualified
On the challenge for favor the witness said he
was DESTROYS to be excused from the duty OF serv-
The Court held the challenge not sustained.
Mr.. Fellows said the defence were anxious TO
meet the jurors wishes that they would excuse him.
The Court then ad burned to this morning and
the two jurors sworn were sent home in charge Of
officers.