New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-09
lenee each side trying to make the other finish the
challenge first.
COUNSEL CONTEND FOR THE LAST CHAL-
TENGE

COUNSEL CONTEND FOR THE LAST CHAL-
LENGE.
Mr. Beach-At this moment we don't pro-
pose TO nterpose any further challenges; may be-
fore the jury IL finally completed.
Judge Nelson-Will you kindly mention that TO your
opponents I don't know whether he heard you.
Mr.. Beach-I say. at this moment we do not propose
TO interpose any further peremptory challenges I'VE
may do 80 when the panel Is fully accepted.
Mr.. Evarts-We Will take your Houor's direction
about that TO the exhaustion by one party or the
other OF their challenges now.
Judge Nelson-That will be;the rule, I think.
Mr.. Esarts-Th1t the plaintiff must exhaust his be-
fore make ours
Judge Neilson-Isnt that the RULE
Mr.. Beach-It Is not.
Mr.. Evarts-That is our notion
Mr.. Be4ch-Your Honor will perceive that, upon this
subject OF challenges, by the order which you have
made you have imposed upon the plaintiff the whole
duty and obligation ~ initiating the examination IN re-
gard TO jurors We have considered it, sir. rather
labor IL concerned. 1t would have been emil
nenllY far, 1 think, N the rule Of alienation
had been adopted in regard 10 challenges u would have
been equitable division OF labor at rate. But In
regard 10 this right Of perempory challenge SIR ap
prehend II il not subject OF discussion on the part OF
the Court At any tim before the ary u sworn at any
rate, have the absolute right TO interpose cha
ense.
Judge Neilson-Yes; suppose you have.
Mr.. Beach-We shall not exercise It now.
Mr.. Evarts-If your Honor please. does your Honor
understand that the challenge for principal cause aud
for favor Is exhausted
Judge Neilsoii-Yes, unless something new has come
TO YOUR minn.
Nj Evarts-I ain not speaking in reference to side
I'm particular, but only 10 the situation in which we
stand on bpth sides now IN reference 20 peremptOry
challenges. that we should understand whether the
challenges for TavOr are now over uuless upon some
thmE tuai comes 20 our knowledge after his
Judge Neilson-Is that so understood, gentlemen
Mr.. Eyarts-ln other words. II our learned friends
propose or any evidence, challenges for
favor that they should do It now. suppose we are en-
titled on botn sides have that matter over and un
"
challenges; otherwise We might De somewhat IN tue
dark in regard to It, and Sual agree thaj II some
thing comes tue knowledge III learned associates
ana learned opponents between now and the acLu4i
mpaneling Of the jury perhaps It Is always Ia time
Judge NeiisOn-HOd agree ~ that, gentlemen, IN SUD
stdncci
Mr.. Beach, do think that should agree TO
proposition whlcn Is not sound practice II anything
come to knowledge since inc last session or tIe
present your HOuOrs discretion as matter OF cha.-
enee to gentleman on tbs jury, We should nave
Judge Nsiison-I understand that to be admitted.
Mr.. BeacH-NJ, bo wants 10 limit 10 10 any su9est
which should come 10 knowledge after this pArcu
lar moment
yesterday, treating botn sides Ia thar way.
Mr.. Eyarts-Is t not perfectly clear mat neither slde
should compelled 10 exhaust lis pereinp,0ry e1a
challenge is exercised u determined, aud II nv
learned friends have the purpose o renewing chai-
lenge Tor cause against any one 0r lhcse sehtn.H
save expression OF Intelligence coming TO either SIDE,
between the present moment OF determining thelr dc-
non and dec and the l1I conclusion o. the mat
TEL because new sae OF facts ana Kuowcu%e Is thus
imposed out why There should oe reservation IL re-
spect 80 knowledge no" pusscnseu ahoush IL nb OnJ
acquired since adjourned, does not siFlAe IAe
Jadge NrIisoi-It seems to me each Of you ought to
be liberty TO avail yourselves Of any objection winch
information which comes 10 you aer Lhe Lfors
nave taken their sel' ualuS OAcA as iF Is JeSoIudJ
afternoon.
MI Eyarts-That we agree to. And the question
To the Time O ex ausns IT. whether before VI ater
the peremptOry challenges.
Judge NcisJn-Ether, think best suits your con
yenieace 90 Us u s't AZ tna YtA thing irrespective VI
Inc IUr1.