Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-24
District Court.

;.j,ctment for grand larceny, was sent.
,ncsd by the Court to imprisonment in
The State Prison for one year.
THE FERGUSON MURDER TRIAL.
This trial commenced on Thursday
last and after exhausting the regular
ranel of Jurors summoned for the De-
cember term, and obtaining only five
inrors. venire was issued for 100 ad-
ditional Jurors. Nothing was done in
the case until Saturday morning, when
"a iurors answered TO their names. From
these three were sworn to try the case.
yepire was issued for 60 jurors more,
and on Monday morning 80 answered,
and the ordeal of questioning these gen.
,lemen in order to test their qualitica-
lions to set upon the jury was resumed.
When our reporter arrived f. II. Ew-
ing was under examination. Question
by defendants counsel-From CONVERSE
ton Won have heard and from reading
the report OF the former trial of the de.
fcndant, have you formed or expressed
an unqualified opinion? The juror
asked for definition Of the unqualified
OPINION, and Mr.. O'Dougherty gave IT.
The juror answered that he had tx
pressed an unqualified opinion, aud tx
planned that he had expressed the opin.
ion unquaiitirdly.
O. by Mr. o 'Dougherty you now
..r.n.,al IN sit tvtaj - IA.
cause with the mind tree from all bias or
prejudice? A. Don't know that have
any prejudice. Bias explained From
what have read must have u leanIng
From the testimony h. had read he had
made up bis MUD and testimony wouid
have to be different TO change his mind
Q. Assuming that in the coming trial
very important portion OF the test
mony as published on the former trial
should not be produced here, Womb the
impression you entertain from this i'm
portant omitted testimony have any ill.,
huence on your mind in determining your
conclusion as to the guilt or innocence
OF the accused? / don't know that it
would.
O. by Judge Ard-Did you give the
same credit and belief to that testimony
published in the RECORD that you would
had you heard it in Court? A. No, sir.
Challenged by defendant for implied
bias.
Q by the District Attorney-You stat
cd that you had formed an unqualified
opinion as you understand it from de.
fendant's counsel? A. Yes, sir.
@. You stated that you nsed an expires.
sion unqualifedly touching his guilt or
innocence? A. Yes. sir very often.
@. Now, not having formed an un-
qualified opinion, that expression was
mere unqualified expression. couldn't it
be the expression Of an unqualified opin-
on! A. suppose from the definition
hat it could not be an unqualified opin.
on.
The challenge was resisted by the Dis
trct Attorney.
Q. by the Court-Have you such an
opinion or such bias or prjudice as
would in the least influence your verdict
contrary to the law aud evidence that
might be produced ON this trial? A. l
don't think it would have any influence.
I think could be governed by the law
and the evidence.
The Court held that the juror was I'M
biased, whereupon he was challenged by
fhe defendant Tor actual bias.
At Ills p. m. the Court took recess
for,one hour. The jurors were admon-
ished, and placed in charge of sworn
baiifis.
On reassembling, the question of bias
in the mind of Mr.. Ewing was referred
to Messrs Hunt, Miller and Hereford.
who found the challenge true, and the
Juror was excused.
VIM. Chambers was next called, and
after the state of his mind in regard to
the case had been inquired into by the
respective counsel and the Court, he
was found to be disqualified, and was
excused.
c. W. Davis was next called. He had
formed an opinion, not fixed or decided,
but it would require evidence to remove
it. Defendant challenged for implied
bias, which the State resisted.
To the Court Sworn testimony would
remove the opinion; could give an I'M
partial verdict.
This Jurors case was submitted to the
triers, who report,d the challenge not
true.
This filled the panel, and the District
Attorney challenged Mr.. Dolan. Mr..
O'Dougherty objected, contending that
as the District Attorney bad waived his
challenge, it was the same as II he ha0
exercised it, The State claimed that II
in effect reserved its challenge, and the
Court 30 decided. Defendant excepted
j. NJ. Parker was next called. lie was
questioned by defendants counsel, anC
challenged for implied bias. The Cour
held that he was qualified. and the de
Tense challenged him for actual bias
The triers found the challenge not true
The defendant then challenged Z. NJ
Davis.
P, Kelly was examined briefly and ex
cused by the Court.
j. Greenwood was called, but failed Il
answer. His name was passed. and
Charles Stein WAS next sworn to an
swer questions. He had formed a.
opinion, aud was challenged BY the de
PENDANT.
Q by the District Attorney-Do 20
believe you could try the case upon IN
law and the -videncr?
He answered in effect that be could D
governed by the law and the evidence
that he could be impartial.
Q. by the Court-Have you such
feeling as would preclude you from CIV
ing defendant fair trial?
A. No; but don't believe the test
mony can be different.
Excused by the Court.
j. Il. Lucas was sworn, examine
briefly, and excused by the Court.
George Wadsworth was sworn, e.
amined and passed.
II. G. Dietz was next called, but |
expressed himself opposed to capi,,
punishment, he was excused by u
Court.
This filled the panel again, but the d
fendant challenged j. NJ. Parker
+. NJ. Richardson was next called, d
he was excused by the Court.
+. Voss was next sworn. After a
s,wering few questions he was cha
lengd by defendant. aud the State
sisted.
Q by the Court-Have you such