The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-08
PROGRESS YESTERDAY.
TWO Sworn Jurors Rejected and
Five Accepted.
THE JURY COMPLETED.
Probability Of Still Further
Revision.
COUNSEL PREPARING FOR WORK.

procession, with reporters OF nifty papers, civic
and rural, TOOK their way from the terry to the
domed limestone Court House. Passing In,
double night OF steep, winding stairs led to the
second story and WALKING down long, hall
lig hted hall. the show OF dense black crowd at
tue door OF a court room on the right Indicated
the whereabouts OF the great assize.
The proceedings yesterday were in keeping with
the tough predisposition OF counsel to fight, step
by STEP the trial OF the case, and give no advan-
tage 10 the opposition. This was noted OF both
counsel, and in each fiie OF counsel every man
worked. The human and pathetic points OF the
trial disappeared IN the stripped encounter be-
tween the gladiators OF the law, who could in no
event be accused OF neglecting their client. The
probability or any such desertion grows fainter
the case proceeds. There may be lawyers who
entered into this matter Tor additional fame, out
there are none who are not earnestly at WORK for
their man, whichever he may be.
The two days. delay. Monday and Tuesday. spent
over the delicate question Of which OF the JUDGES
should Try the case, are now alleged to have been
used behind that mask TO
PROBE ALL THE PRECINCTS
OF the city and try the panel before the drawing,
in order TO discover whether any OF the possible
jurors had expressed an opinion. visited a church
Instantly suspected OF prejudice in the case, or
known any OF the friends OF the opposite side.
The proceedings yesterday made the fact plain
that two OF the Jurors were unit. The
behaviour OF both those jurors when chal-
lenged IN open court indicated that they had
been playing trick on justice and their own con.
sciences. One OF them smiled through his teeth
and stuck. The other showed, on cross-examina-
ton, an overweenlng desire to be juryman ana
10 keep seat IN the box not on the plea Of me-
cessity or for employ sake, but apparently
nN.n
showed how deeply the matter in hand had
passed below the line Of equanimtty and touched
individual repulsions as with the sharp hook Of
private Indictment.
On the other hand, the counsel for the plaintiff,
dspossessed OF either ecclesiastical or political
machinery, had experienced q certain sharpening
by the uses OF adversely, and brisky brought into
court series OF witnesses who lmpugned the
mpartiality OF men already in the box, and fairly
Offset the prior advantage OF the defence in having
raked up the points about other jurymen in ad.
vance. The counsel for Mr.. Tilton explained this
as folows:-
LAS soon as man Is MAZE juryman. II he be
not righteously impair tlal, we run down by hts
neighbors and rossips, who remember with mar.
vellous consecutveness, and by date, his utter
ances on the subject"
In short there is no block in Brooklyn, no social
gathering, where the Beecher-Ti lton case does not
divide argument, prediction and passion.
Whether the present trial will settle 1t, is very
uncertain. People are already speculatiug on the
verdict. In the corridor Of the Court House re.
marks are heard like the foliowlng:-
"Bet you even the jury will hangl"
1.-TWO to five there Will be O verdict ~
1.-TWO TO one against the side you assume for
that verdict"
The presiding Justice has shown by his attention
and magnetic control OF the counsel q very rare
judicial capacity. People who remember the
wretched days OF four years ago In the courts OF
this vic nifty should know that Cnier Justice Nell
son is perhaps o rare type OF judge'in these days
anywhere. The kitten and the bulldog play to.
eether side by side in his expression. He has more
happiness in parting differences OF expires.
sion and solving verbal riddles than any
OF the lawyers, not excepting the most
sefcom placent of either file, and yet he Is per-
fectly subordinate TO the lrolics Of counsel until
1t gets to be insu1erable and stupid. Then the
well modulated voice Of the Judge ID scarcely
raised, but
HIS KINDLNG EYE,
lip-grip and forward movement OF the whole jaw,
from the cheek bones down, show that he is NO
person to be TRIED with and that as he sits there
the solitary Judge, he Is keeping the law to be
have common sense and magnanimIty q very
great part OF that ambiguous science.
This report has done iul justice to the fair be-
havior and delicacy OF Judge McCue VINO seemed
to nave been the preference ct one time o! one Of
the sides In this suit as the ruling Justice. Letters
male public yesterday appeared to mention Judge
McCues name in association with an interest toe
closely identified With tho Beecher settlement
to have warranted the propriety Of mis-
assumption Of this cause. II was, therefore
timely and wise that he handed this
case over TO the Chief Justice and relieved
the proceedings, already somewhat peculiar, of ar
inslnuaiion, however remote, OF INTERFERING de-.
Tendencies. Judge Reynolds. small 1.-THE man
OF refined features and hign.ored Judicial behavior
sometimes drops IN on Chief Justice Nelson 10
listen awhile and confer.
Mr.. Beecher makes little or no appearance now
having shown himself At the beginning OF the trial
His two sons, laughing, watchul youths sit Out
the proceedings with some Of their companions
and take nome the persi1age and overflow OF the
day.
Moulton generally appears in the morning lynx
eyed and velvet handed. carefully dressed, ano
with the spirit OF responsible overlooker. 1t II
generally believed that, having swung loose OF al
original prediction to take part in this case
be has placed his head and purse at the disposi
full almoner. Nobody else can account for Mr.
Titon's lar0esse II Moulton does pay these bills
he has bought the premium pew in the trial anc
let some body else have the seat.
TILToN ATTENDS
very steadily. He is growing gray. At the temples
there is q skein OF gray on each side combed back
to the almost golden max OF bis thick, fine head
covering He 10 also less youthful In tue texture
Of his skin and IN the transparent color o.
his eyes. Very quiet never excited, sometimes
laughing heartily at funny passages In the
cross-examination OF idiosyrcrauc jurors be still
relapses to LOOK less OF care than OF work, ali the
while. and the riddle OF the trial is how his ner
vous system can respond so perfectly to his PRIDE
Tue audience yesterday INDUCED Id applause
and counter applause. Even the court room is
filled with the rival prejudices OF the time; and
still, strange as IL may seem. more jurymen have
been obtained. and the opening chorus OF the