The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-08


case. -
the Court think the juror should stand aside.
Exceptions we're noted 10 the ruling OF the
Court ny c0unssl for the plaintin.
THE CASE OF JUROR LEWIS.
Mr.. MOTHS remarked that IL would De proper
thing Tor the Court TO take some action with
regard TO THIS Juror. They desired TO cail Witnesses
man upon the panel until they came into court
He would call X. o. ItcknOr. who would testify III
regard To Mr. Lewis qualifications as Juror.
Mr.. sherman wished to note the same excep-
tons as IN the case OF Mr.. Robinson. The power
the Court speedily resolved that the Court mad the
power; -
he knew stephen Lewis; had heard HIM express
an opinion in regard to the guilt or innocence OF
the defendant. (witness was understood to say
that the opinion expressed was III favor OF Mr.
Beecner.) Inc attention OF witness was drawn TO
this matter by the newspapers.
To Mr.. Evarts-l have been IN Mr. Lewis
shop OF an evening and have talked about this
case; II was general conversation about the
talked OF the case; had casual conversation
with MI Lewis on the subject.
&. was there any conversation except general
parties present: the last time was between Christ
mas ana New Years could not say the
New Years; 1t was in Mr.. Lewis store; Mr. Quill,
Nj Taylor and others and myself We're present.
z. Was the conversation strengthened by any
particular tact occurrence Ia the case that then
arosel A. We all took "a hand In the converse.
opinions; Lewis and myself expressed opinions
dine ent opinions; the conversation was about an
this TO Mr. Morris; parties told me to do it, aud
thought 1t only an act OF Justice to do so.
said was acquainted with stephen Lewis.
O. Have YOU heard him express an opinion as
to the merits OF the charge against the defend
.. When, for the last timer A am very posi-.
MIN express his oplnion In the case on other oc-
casions; his opinion was OF positive nature;
IT hSt M nws discuss
this matter with his partner on several occasions;
did not know OF the telegram being sent.
TO Mr.. Evarts-l know they talked about the
newspapers; we talked OF all we could get hold OF
more or less; the conversation was almost en-.
tirely between Mr. Lewis and Mr.. Tlcknor, and
think they were excited over 1t; l cannot say how
long the conversation lasted lett be the dis.
cussion finished; 1t was a neighbours meeting; IL
was not a social meeting; the meeting took place
Mr. Lewis then took the stand and in reply to
Mr. Evarts, SAID his neighDors were the habit %
coming to his SHOP and talking about every body;
they said this trial would not come or; made no
statement as 10 whether Beecher was guilty or
innocent; said did not know whether he was
guilty or innocent.
land.
Q. DID You hear him state that you expressed
express an opinion OH the merits; as TO whether
Mr.. Beecher committed any act OF edutery ex-
o. Oi wnoni did MIR. Ticknor make any charge on
that occasons A. do not know that l am
allowed TO tell.
Court-You can give the name II you know.
Witness-he maze q charge against Mr.. Beecher;
the conversation opened by stating that certain
Q. Have you talked for or against either OF these
parties A. Not IN the merits OF the case.
O. Did you, IN the presence of Leonard X. Fluck,
on or about toe first day OF this month, express
any opinion or belief OF your own In regard 70 Mr..
Eeecher being innocent DO you swear that you
did not? A. do not think did
q. VIII you swear positively you did not? A.
did not express any opinion or belief as to MS
Alter some further testimony. Mr.. Evart. argued
that there was enough to snow that the juror was
of, oVHf hof ho
more than rebuke the rasn judgments OF those who
would condemn the defendant IN that trial. zap.
Mr. shearman expressed hope thatthere would
be no further manifestations OF this kind III court
The 1urt lntlmated That after the Jury was EN-.
paneiled there would lie mucn smaller attend
ance In court, and II there slOuld be manifesto
tlons OF the kind just alluded 10 it would be his
duty to clear the court room Of spectators. The
Judge then intimated In reply to COUNSEL that he
did not want to near argument. AS his firm Gen.
vcnon was tnat the juror should stand aside.
Applause, suppressed by the oifcers.)
THE SEVENTH JUROR.
The seventh juror Was 90 aimed In The person OF
Christopher Filter, o German, dealer In willow
ware, Fulton street, VINO stated that, having
talked good deal about the case, ne would rather
not serve; but, on oeing c,oseIy questioned by
counsel on both sides. he answered that he would
way or the Diner lie was Accordingly accepted.
Tne Court then took recess till quarter to
two O'Clock.
AFTER THE RECESS
Judge Nelson resumed his seat on the bench
ABOUT twenty minutes before TWO O'Clock. At two
O'Clock the Deputy Clerk called David 5. Walton,
who was duly sworn as to his illness to serve as
juror in the case. He said he was engaged In the
paper business In Park place. New York; had read
and heard great deal about this controversy;
with the exception Of two weeks in the
summer. when he was absent rom town,
ION was OF nature to require evidence
to remove II; had resided In the city five years
and nad tae family nn ne nn naa axed "a.
"Stand ASIDE" SAID the Court
William F. Turner, being sworn, said he had
haor nd ara of ha cnpf
aud the Impression made still lasted; had very
strong impression on the SUBJECT he was ordered
10 stana aside.
THE EIGHTH JURYMAN OBTAINED.
Edward Pate swore That he resided IN Ryerson
heard little about the controversy, but had not
read much. simply the headings OF the papers; did
It or formed an opinion on the subject; had no
feeling against either one party or the other; be-
long TO ". patrick's church, but seldom go to
church. The plaintiffs counsel Withdrew the cnal-
lenge. and Mr.. Evarts examined the juryman, VINO
replied tnat he was twenty orr years o. age and
came to Brooklyn two years ago from Paterson,
N. j.; Is IN the employ 0i Mr. Conner, or sand.
ford street. No. 5; never talked with any parties
read the head lines alone ana then let it 60: had
heard II spoken OF III his own family. where his
wlle's aunt also resides paughter) lived a. No. 81
Plate was accepted and took MS seat In the jury
box, making tue eighth Juryman.
THE NINTH JUROR.
A. r. Case, OF No. 4s2 North Second street, o
droggist, testified that lie had heard and read OF
tus CuSc, anu Hdu III lulpTeSSOu Us TO tue IucTlLS
OF these parties in the case; once had an opinion
as 10 many OF the statements read. but had
changed It; had an impression only as to tine
truth or falsty OF the newspaper articles which he
had read IS member OF Rev. }. N. Buchanan's
church, AiDslie street; had conversed with Gus.
toners on the subject; would not like TO say posi-.
lively whether ne mad expressed opinions on the
subject one way or the other; very likely he had
SAID there would he q great difference between
She evidence IN Court and that wnicn was pub
ished OF the CONTROVERSY may have expressed an
opinion as TO the truth Or tasty OF the charges
made; his mind Is now entirely tree from
bias toward either OF the parties IN this
case; read the HERALD and tribune on the SUBJ
Ject could not remember when he got rid Of the
impressions ne last received; had spoken about
being summoned. but not upon the merits OF the
case; read every editorial published on the SUBJ
Ject IN the tribune; the writer not unfrequeutly
lacked evidence upon which 10 form 50 strong an
opinion; did not read the whole OF Mr.. Tllton's
last statement; did not read the report OF The In
vestlgatlng Committee, but did not arrive at any
conclusion from what he read then, as 1t had not
HAY n