The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-05-20
The Grant Parish Pris 1ners.
Second Trial-second Day.

The crOWO yesterday showed grea
decrease in numbers as compared to tina
present on the previous day.
At 1890 o'clock, Judge Woods ascende
the bench alone.
Proceedings were opened by calling tn
jury. This concluded, the
Empanneling Of the Jury
was continued, and while it was under way
and before another juryman had beer
sworn, Justice Bradley entered the court
room and assembled the bench, took look
around, smiled for two minutes by the
watch, and then
to the little court" to, as he announced
try miscellaneous matters
During the calling Of the jury, little in
cident occurred which clearly indicated thai
ibis Honor ~ Judge Woods is
An Upright Judge.
In response to call of his name, Mr.
Horace Tyler appeared before counsel.
Mr. Beckwith asked after the usual open
ing questions:
Have you formed or expressed any
opinion in regard to the guilt or innocence
Of the accused ?"
Mr.. Tyler-T have have heard but one
side.
Mr.. Beckwith-Is that fixed opinion?
Mr.. Tyler-It is not.
Mr.. Beckwith-Would it require rebuff
ing testimony to remove the impression
you have formed, from what you have read
or heard
Mr.. TyIer-Certsinly it would, 1 have
heard but one side.
Mr.. Beckwith, thoughtfully referred to
the little memorandum book he carries,
thoughtfully arose, and pensvely said:
"YOur Honor, l think that there is good
cause to challenge this juror. He says he
has formed an opinion which it will require
rebrting evidence to remove"
His Honor looked as if he thought so too !;
but Mr. Mari quietly suggested the pro-
priety Of his Honor questioning Mr. Tyler,
and his Honor obligingly complied. He
put the test question suggested by Justice
Bradley on the previous day.
"Is your opinion of that nature that it
will be readily removed by evidence 7"
Mr. Tyler-"I think it is"
His Henor-Stand aside.
Mr.. Marr-Your Honor l would like to
ask this juror question.
His Honor assented.
Mr.. Ma.rr-Mr. Tyler, is your mind in that
condition that you would be able to find the
accused guilty, if the evidence showed their
guilt, and not guilty, if the evidence showed
their innocence.
Mr.. Tyler-It is, sir.
His Honor-Stand aside, sir. (To counsel
for defense.) 1t is evident that he is not an
impartial juror. When l asked him if his
impressions could be readily removed by
evidence, he replied, ~ think So"
Mr.. Marr-That sir is as much as any hon
est man could say.
The Court then took recess of half an
hour, two more jurors having been sworn,
Jacob Wolf and L. S. Curry, both white.
The Court then took recess of half an
hour
Time was Called
when the 80 minutes had elapsed or was
considered to have expired. Judge Woods
again took the bench and the empanneling
Of the jury was continued
The only event of special interest that
occurred during the +, cess, was the entrance
Of Kellogg and it was only interesting i'll SO
far that it aroused curiosity as to what he
wanted there.
At 1850, after considerable discussion,
which in the end amounted to simply moth
ing, the jury was announced
Complete, Impn nn.led and Sworn.
1t was composed as follows:
James Mnlvey, white; Alexander Mckee,
white; Timothy Kelly, white; Jas. Dus
tague, mulatto; John G. Sarrs, white /; Geo
ID. Wright, white; Chas. Barnard, white
Fulorvilie Foy, colored Jacob Wolf, white;
Z. S. Curry, white; Sidney Prinett, white,
JnO. r. Beals.
Mr.. MARI arose and said Before proceed
ing further we desire to make a motion.
We make the motion at this time because it
involves all the legal points in the case. We
ask that Judge Bradley be requested to sit
30 that in case Of difference Of opinion we
may have the benefit of the opinion Of the
Supreme Court of the United States. They
are questions on which we desire to have
the unanimous opinion OF the court or a
difference so that as have stated, we may
carry the matter up.
Judge Woods-I would be glad to have
Justice Bradley sit with me in this case. but
at present do not see that you have raised
any point.
Mr.. MARI here proceeded to read the mo-
ton, which was to strike out several counts
in the indictment, and to exclude all testi-
MOny bearing on them
His Honor Judge WoOds) interrupted,
and said he understood the motion it was
to quash counts and exclude testimony. He
was of the opinion that that portion which
related to the exclusion of testimony was
upon which the Court could not
pass until the testimony was offered.
As for the motion to quash the counts in |
the indictments, he did not think it could |
be passed upon at the present stage Of pro
ceedinss.
Mr. MARI thought that, at any stage CT
the proceedings, u motion to quash was in
order.
Mr.. Beckwith expressed the opinion that
this was uncommon practice, and was about |
to dilat- on the subject when =" his Honor"
Judge Woodsl told him it Was unnecessary
to go into argument, and politely admon
ished him to dry up. At this stage Of the
Justice Bradley entered and
assembled the bench.
A whispered conference ensued between
his Honor" (Judge Woods), and Justice
Bradley, and then Justice Bradley coughed,
and his Honor" (Judge Woods), informed
counsel that Justice Bradley concurrcd with
him.
Justice Bradley volunteered the informa
lion that the Court wanted to g We attention
70 the motion, but the Court (Which was
tl"nght that it was out of order.
DE then proceeded to instruct counsel for
defense as to the proper mode OF .roceed-
ngs, and among other things, he said that