The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-13
COURT or OYER AND TERMINER.
The Simmons-Duryea Tragedy-A Jury
Obtained at Lmst-The Prosecution q
Open This Morning.

The Simmons-Duryea Tragedy-A Jury
Obtained at Last-The Prosecution to
Open This Morning.
Before Judge Brady.
There still continues the same large attendance
in this court at the trial of William E. simmons
for the alleged murder OF Nicholas w. Duryea.
Judge Brady took his seat promptly on the bench
and announced his intention 10 sit, II necessary,
lii midnight in order to complete the jury. The
eight members OF the jury already selected put IN
aprOmpt appearance, as did the counsel on both
SIDES. The prisoner occupied seat as hereto
fore, by his counsel and still maintaining the same
apparent air OF careless indifference. His wife
and child also occupied seats near him. Out OF the
new panel OF one hundred petit Jurors Sixty nine
answered to their names. And now began the
work OF hning the four remaining empty chairs IN
COMPLETING THE JURY.
1t proved to be an all days Joo; put before tne
examination OF the newly drawn petit jurors began
Mr.. John Graham senior counsel for the prisoner,
SAID he would hand in another Of those interesting
documents, a challenge to the array, On the same
spare the nerves Of the learned District Attorney,
he would not read 1t. the district Attorney de-
INJURED, ana the Court promptly sustained the
Mr. Graham-win Your Honor be kind enough
to allow us the beneft OF an exception
Judge Brady-Certainly.
The Court then entered upon the task of seek
ing for competent men to I'LL the four chairs yet
vacant in the box.
Maurice A. Meyers had scrupes on the hanging
QueSC1On, ana was excused.
Solomon Aibro, broker, No. 101 West Sixty nrst
street. was sworn as the ninth juror.
Charles W. Moran, banker. No. II East Fifty-rhird
street, bad very strong CONSCIENTIOUS scruples
against lnnictlng the death penalty, and was ex-
cused.
Francis Evans was peremptorily challenged by
William Thorne, No. 70 Gold street, was excused
Isaac f. Emile, No. 239 East 10th street, and
Clarence H. Smith, No. rs Peck slip, were excused
Marcus Ischel, No. 100 avenue G, was excused
for want OF sufficient knowledge OF English.
Charles B. Stockwell, No. Is Union square, con-
sidered that he was not competent to serve, on
count OF his acquaintance with the prisoner 1t
turned out that witness is memOer OF the firm OF
prisoner purchasing goods there. he mas bias
and prejudice, but 1t did not arise from what he
"' ~ &C" coSTSp pRSni ABOUT FAME.
Maurice Leon, tailor, No. 297 Third avenue, has
no prejudice had served on murder trla! four or
ind out all about that case, but the juror could
Dniy recolect that the verdict was for murder in
the second degree. He did not even remember
the prisoners name
Mr. Phelps ito the defence) Gentlemen, what
Colonel Fellows, promptly-ro be shot in sklr-
mlsh and have your name spelled incorrectly.
The Juror was excused
E. Morrissey was excused on account or preju-
dice, and Henry Hrsch, OF No. 17a Broadway, on
Bernard Sder No. a9sa1 Broadwa; zoo
koder; George Palen, No. 81 Gold street; Isaac
Plazhelmer; DR.. John Ensco, No. $50 Broadway,
were excused on account OF prejudice. William
6emper, No. 209 Grand street, was excused at his
own request. David Brown. strong opinion. was
excused.
Francis Baker, No. 50 Worth street, opposed to
capital punishment was excused; Jacob M. Stein
was excused for a similar reason, and Philip Cook
for imperfect knowledge OF the language; Her
man Lutgens Tor bias, and Andrew Ii. Schenck Tor
like reason.
William E. Churchill, No. 1os East Nineteenth
street, mad very little knowledge OF the case, and
no bias whatever. He was peremptorily chal-
leDged by the defence
William Harrison Canheld and Patrick Meehan
were excused Tor being opposed to capital punish
ment. George Forester for bias.
Isaac Simmons and Ferdinand Reed we're ex-
cused tor prejudice, and John A. Curtin for scru-
pies against hanging.
Frank Miller, No. 90 Nassau street. was sworn as
the tenth juror.
AT twenty minutes past three O'Clock the two
Jurors Still missing were obtained.
FULL LIST OF JURORS.
The list was completed follows :-Tempe
Prime. broker, No. 1i7 West Fourteenth street.
Edward Vreeland builder, No. 1913 East Il2th
Benjamin Russak, Iurs, No. A West Fifty -second
street. Charles $. Knight, baker, No. $50 Hudson
street. Thomas Weldon, dry goods, No. 1928 East
Forty-ninth street. Charles w. Plumer. drugs, No.
192 Greenwich street. James EuStace, leather,
No. 9l3 Eighth avenue. Solomon w. Albro, gentle
Optlcian, No. 452 Seventh avenue. Frederick W.
Wilcox, boxes, No. 11s Broome street. Waldo Fl.
Jordan, carpet cleaning, No. Ala West Forty
seventh street
The Court was then adj burned till this morning.
when the case will be opened for the prosecution.
Judge Brady, were ordered to be kept together
under charge OF officers at the AstOr House, except
Two, who were permitted to go home, each &C.
companled by an officer.