New-York tribune., 1874-02-11
THE SIMMONS TRIAL BEGUN.


TWO JURORS oBTAy NFD-MR. GRAHAM IN HIS FAVOR
ITE PART.
The trial o.. John E. Simmons the policy
dealer, the Irder OF Nicholas b. Duryea, aormer
partner. has bsen reached at last, and yesterday
crowd gather In the Court OF oyer and Terminer 10
watch the against him. Very few cases OF
murder have occurred In this city that have aroused 30
much Osy and called forth 40 many diverse com
regard the question OF provocation or iust-
ncatoD gsthls one The crime occurred Dee 49, 1871,
In Lber. on the sidewalk directly In front OF Sim
monssshop Duryea came from Brooklyn where his
own p,see OF business waso see Simmons, and became
gea a violent dispute With him in regard to their
business The two went out together and IL 10
oainod by smmons's friends that the first blow was
struck by Duryea that Simmons thrown TO the
ground and that them self-defense, his leg having
been broken in the mean time, he drew knife and
companion several times, causing his DEATH
Upon Coroners inquest the prisoner was exonerated
from ali by the jury. and he was on the point OF
departing from the city when the had
him rearrested and indicted by the Grand Jury for
murder in fret degree. Bail was peremptony re-
fused and he remanded to await trial. Simmons
entered the courtroom yesterday on crrtches lie Is
short and stout bears the traces Of he long contne-
ment. He is defended by John Graham, Col Fellows,
and John Davenport, while DisrletAttorney fAeips
| conducts the prosecution.
Fortyeight Jurors answered TO their names Mr..
| Graham asked why the others were excused. Judge
Brady answered that he did not remember the particu
lar reasons-some from sickness. some from deafness,
and some perhaps from the exgencies OF business Mr.
Graham insisted that the statute forbade the excusng
of juror the exgeuces OF business for than
three days, and that after panel sworn the
prisoner had kind OF property in them. Judge Brady
could really inform him about the matter.
Mr.. Graham then asked that all Of those excused DO
summoned before the Court to give in their excuses
before the prisoner and his counsel that 10 could De
ascertaned whether their fell within the statute
OF 1872 This Judge Brady refused, and an exception
Was taken
Mr.. Graham then nterposed challenge to the array
substantially the same grounds those interpOsed
the Stokes and Tweed trials namely that the Com
missioner Of Jurors had put INTO the iurybox less than
oBehrd of toe 2 600 qualified TO do jury duty and that
this number had reduced by the drawings for other
panels to 1909 AZ Mr. Graham explained, the prisoner
thought jury lottery, and that the seine should be
drawn in a river and not In small creek District
Attorney Phelps demurred 10 the challenge, ana Judge
Brady sustained the demurrer.
The examination Of Jurors was then proceeded with,
and up o'clock only IL were called, OF whom
two excused and the remainder found incOm-
petent The first Juror obtained was Temple Prime OF
No 147 West Fourteenihst. VINO slated tnat he was in
business Tne business of hnding additions To TINS
first cnOice OF the usual tedious character the ex
pOrlnce regards the present case between The var
counsel for the defense aud Mr.. Phelps. Edward
Vreeand, builder of No 433 Seyenthave the second