New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-07

o. Yon iook nj fhe pictures but don't read iti A.
read II litte but not mnUn s a 70 he aaaaed 40
far Indifference goes, but your Ionor IS o 1 of
the ordinary rup OF cases aud is quite important that
every iuryman should have pretty complete famil-
viii be ased upon the meaning OF words first to their
import and their ja. WeaSs % asres with that
be has not that familiarity with the language tnat
proper trial OF the case snonid reqHe, ta' ~ thar
view. what do you say 20 that Mr. Wseckeli Is 'h"'
your opinioni
The iuror-I am satisfied.
BY Mr.. Beach-Q. What IL yonr vlew-that you w II
want to sit; is thaGitl A. Yes, Sir ,,,
Q You understand the English language perfectly
when 10 is spoken to you A. Yes, Sir.
@ And you speak 1t nuently A, II near .i IT,
O. Aud If You hear sBillful cOuns make crit'cJs
on letter, you would be able to understand a les
O. Even If it should he my learned friend on rho S,nef
Mr. Eysrls-Ho ought to be able TO understand coun-
MT BeachNVery good. That should not be cause OF
objection, though. the part OF my learned lrien -
vomr Honor please the case is, as know. peculiar
one. There will be great deal OF discussion aDo1 %
reading OF letters and there Is an immense quantity o
writings TO be read and this gentleman says 10 us
frankly that he do Mt read English BOOKS; tnat "ga
books he reads German and he Is In that line ne
has pretty good knowledge OF our language fOr the
purpose business and for this interview we are
holding with him he speaks with Intelligence and cea
ness and correctness, and apparently understands
readily but although that Is the question VIC realy
want disposed Of ask whether we should not better
have jurymen who are wholly familiar with our Ian
guaPe. , ,,, .,.
suggestion, although this gentleman IS, on the legal
question, competentfary so-yet IL Is thing to be
considered by counsel whether he has sufficient fanil-
arity with our language to maxi desirable Jdry man;
Mr.. Bsacho has testified to that familiarity on the
stand and has sworn TO lie has testified ne cOulu u
derstand criticisms. 49,,
Judge NeilsOn-I is an appeal to the Judgment Of the
counsel rather than the Court. hardly think Would
be justified in letting him stand aside. -
Mr.. Beach, think must take the risk OF being so
stupid that he could not understand me. insist IL Is
qualification to be INDUCED and If we must select
gentlemen, and gentlemen only, VINO have niSn HeIhy
cations belonging 10 uryman. we Will have some ul-
Mr. EyartsHIi my learned friend thinks the jurymans
statements here exhibit his knowledge OF the language
Adequately, perhaps ought TO pursue the lnq Ty ~
that direction. 70 the irorl Now, your kn0wleuR9
OF our language mas been gained in ordinary ife aud
for the purposes OF business mas t NOS A. nrs 9i.
A. NS a9 sf you nave 10 AD0"'''E' u ''1"',''
o. Did YOU ever read an English authorl A. Oh! yes,
q WHAT A. read some English books before
O. That was to learn En- gsh. 1t mott A. or course
A. And OF late, during tue last ten years nave
y9q E nSd ANY I naG o. Ye sr that Is 60
@. What works were theyi A. SOmo OF theLi IN tne
O That we don't call literature. What do you CON
slider literature TO Dc ----...
Mr. Beach, object TO that question as incompetent
Judge NeilsOn-I think it Is proper
Mr.. Beach, except II your Honor please
@. What is literature A. thought you meant leu
O. What do you meant A. don't know;
| q Do You know what the Eagllsh word "cOndone"
means A. Yes Sir IL Is u part OF cOuntry-cOn1ohe
county; you could not expect That am lawyer over
Mr Eyars-I don't see II your Honor please that the
counsel and what more that the Witnesses who nave
mat is not i'm the ordinary course AFFAIRS
could that they would be thoroughly understood by
Mr Beach-If 1t is TO DO accepted test that gen-
teman called as juror cannot give the significance OF
any particular word which may be submitted 10 hlin
there are few jurors In this audience VINO viii be avail
aDle. L don't think 1t would be difficult, by question
Of that character emDtrrass for almost any
|
somewhat regard to the ognaGdton he eouli give to
| the word. am quite sure that might Del uoht
| know whether my learned friend would.
Judge Neilson-Tne embarrassment grows out OF the
circumstance that this gentleman Is German; and
although evidently very far ana sound man. he Is one
VINO has had occasion 10 consider our language to
any great xtent, and Is not acquainted with the mean
OF words perhaps TO any great extent nor as 10 ne
terms and documents which might De IN dispute, ana
think 1t light DO satisfactory TO both parties II we
should exclude him He Il not legally exempt; IN
legal lie is qualified unless 1t arises from want
Of acquaintance with tue language anu there 10 some
| thing IN that.
to language either IN me Bar or on tue Bench
the ordinary Intelligence of the community cannot
| understand
Judge Nelson-No, inform the ordinary under
standing. -
fculty in making this gentleman understand any idea
or criticism which counsel or court may choose to
present and IL nigh ana exalted standard OF literary
qualifications Is be established the test OF COM
potency OF jurymen in this or any other case 1t Is new
Mr. Eyarts-When start with the proposition that
the juryman called does not fnd the language In which
our proceedings place. and IN which this evidence
is given t language give TO the juryman
but fad it as 1t Is now e1pressed when he does not
find that language his tongue then 1t Is not intro
ducing standard OF any great literary attainment
The question Is whether his proficiency In
language acquired has made him c0nversant
with the whole range OF the language
50 easily to understand It, 1t l. grave matter and
of course not question OF partisanshlp; IL Is
auestion 10 determined upon the qualification OF
Jurors fixed by the statute. Thought the question
asked resulted In statement OF the witness that he
didn't understand.
| words
Mr. Eyarts-I asked him II he understood the word
literature" and didn't give any definition OF It,
asked him if he knew what cOndOne' meant, and his
answer showed he didn't understand the word for lie
said was county, part OF State" That is the test
| that Is applied to hun DO not wish TO make any
| Election on him which do not teel Certainly would
make very poor figure sitting on jury In Germany,
even II had been there ten years. 1t is within the
question his qualification to determine ia respect TO
| His knowledge OF the language we use.
Judge NeisOn-I think there Is question about thai,
and serious question, and | think we should do our
selves justice best by having this witness excused al
though Is easy really ~ the legal ground upon
which do 1t. do IL with great reluctance. You are
excused
| Mr. Beach-Your Honor finds tho challenge true, and
| except
Judge Neilson-Yes, Sir.
| EXAMINATION OF CHARLES BUTTRICK.
| Dat IaI