The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-05

Court viii proceed in reference 10 the Of
the Jurors and the case go on at eleven O'Clock
Tomorrow morning. Tnat was our unuerssduu-
MORE wRANGLING.
| Mr.. Shearman-rhat Is not our understanding,
then; our understanding was simply with the
senior conDsel, ana Ior the accommodation OF MI
here this morning. But the understanding was
also thar the case should be called to-day ana
placed on trial to-day but that nothing should be
done In the way OF impaneling jury until TO-
morrow morning az eleven O'Clock.
Mr.. Pearsall-That Is precisely our understand
Mr. Tracy-Ther II there is no difference be-
tween counsel We ASK that the case be called and
sci down Tor trial to-day.
Judge McCue-As / understand it a special
jury has been called. which must be mpanelled.
Mr. Tracy,We don't propose 70 n mpa n,a,o tae
but we want the case on for reasons which have
been stated oy Mr.. Shearman. We want TO have y
10 saw that the has been called and s on, but
that 1t is to stand over until tomorrow morning.
Mr.. Pearsal-Tnat Is precisely our understand
Mr.. Shearman--Then everything seems to be all
night | want to have the case called to-day 80
JUDGE McCue-There Is no dlfnculty, gentlemen,
IN your considering the case called and on, as lar as
l am concerned.
Mr.. PearsalI-We answer ready.
Judge McCue-At two O'Clock you can commence
Mr.. Shearma1- don't think that it is necessary
for US to stay here until then. We don't want to
lose the whole day here; but that matter Is At the
Mr.. Tracy-There Is no need OF the parties being
here We won't ask that the cause be called before
tomorrow morning at eleven O'Clock. AS to ex-
cusing the jurors, that Is the Judges business and
not ours.
day-caing the Jurors and hearing their excuses.
Mr. Tracy-The understanding was that the Jury
would not be impanelied until tomorrow, when
Judge McCue-is IT the understanding that the
parties won't be present until the jury Is impan-
Mr.. rracv-r don't know what Is being done in
Mr. shearman-1s the panel called for the con-
Mr.. Tracy-rhe two panels will be together and
drawn from the same box. l suppose both panels
are to constitute panel for this Court and Tor
this case.
Judge McCue-I suggest that that question be
considered raised now and tnat 1t also lay over
Mr.. Pearsai-i don't think we will raise any
question on that point.
Judge McCue-rhen You NAV consider the case
as called aud as standing over until tomorrow
morning at eleven O'Clock.
Mr.. Shearman-DO we understand that the case
ia called and Is now actually onY
Judge McCue- The case cannot be on until the
jury is called.
me as excuse II the case IS not actually on
may have to proceed with the otner case In New
YORK.
Mr.. Trscy-Tnat arrangement does not prevent
either party from moving to put 1t of.
JUDGE NELSON TO TRY THE CASE
Judge McCue-I think I viii send you before
Judge Nelson. cannot have this case on and
try any other cause
Mr.. Snearman-we thought this being the day
for which this case was set down for that no
Otner case would be set down for trial at the same
time; and that 1t could stand over until tomorrow
Judge McCue-we would then be losing great
deal OF time.
the accommodation OF the other side We are per-
iectiy ready as lar as we are concerned.
Mr. Pearsall-We don't want any consideration
from the other slde We are ready.
Mr.. Shearman-rhen we Will go on to-day.
Mr. Pearsali.rhe understanding was that the
morning at eleven O'Clock. Then all the counsel
win be mere.
Mr. rracy-Aud we want the case on. We don't
want to urge the Impeachment OF. this Jury until
tomorrow morning at eleven O'Clock, but we are
Mr. PearsaIl-Al the counsel are in New York
except Judge Morris. and he is preparing ior this
have made. They Will be mere, sir, at two O'Clock.
Judge AcCue-Do you mean all the counsel VIII
Mr. Shearman-Oh, at Mr.. Beach's request, our
senior counsel win stay away. There was an
honorable understanding between Mr.. Beach and
Mr.. Evarts that neither would DE here today.
Mr.. Pearsall-Not until tomorrow morning.
! Mr.. Shearman-Yes, sir; but that does not inter-
| fere with our getting the case on.
Judge McCue-lhe only embarrassment is this
can't suspend all the business OF the Court; that
Is all will consider 1t as on, and send 1t before
Judge Nelson, SO that you can make arrange
ments for trial.
MIR. shearman-we can't make any arrange.
0ooOSioeC
! come IN.
Judge McCue-Then must let it stand over un.
til tomorrow morning. Il you gentlemen don't
propose 10 attend this afternoon, 1 don't know
that you have anything really to do.
Mr.. Snearman-rhls cause, 1t seems to me. is
Mr.. Tracy-We wish, II Your Honor can take up
a case which will not interfere with the trial o.
this case tomorrow, that recess can be taken IN
this case until eleven O'Clock tomorrow morning.
| There Is nothing To prevent Your Honor from
taking up case that you can dispose OF by eleven
| O'Clock.
Judge McCue-I think will consider this cause
as on, and let 1t go over until tomorrow morning
at eleven O'Clock, but you ind rstand 1t Is not
necessarily be tried here That will De a matter
! to dispose OF then. In the meantime, VIII go on
| with the trial OF such otner causes as can.
Nhe aoOve debate was undeIs stood by portion
! OF the public to be an EFFORT on the DEFENDANTS
part to nave Judge McCue instead Of Judge Neil
Mr.. Shearman was understood to object to the
taking up OF other cases over The present one.
1 Judge McCue-I have understood that the cause
/ was 10 be tried to-day.
MORE FUSS
Mr.. Shearman-Wel, IN one sense. There never
! was an agreement that the cause was to be put
/ over from to-day but only the empanelment OF the
Jury should be postponed until tomorrow There
may be many questions which Will arise before the
Mr.. Tracy-What we would like to nave settled
Is whether this case Is to be tried; II there Is
/ any motion to postpone the. case today, now is
\ the time TO make IL. We don't want to come In
here and meet a motion tomorrow to postpone
Judge McCne-Are you reaay to be heard on that,
Mr.. Pearsa?
MIR. Pearsal-I have nothing further to say tnan
what ! have already said. Both sides are to be
ready for trial at eleven O'Clock tomorrow morn
ing.
Mr.. Shearman--The understanding was that
both sides are to be ready when the case Is called.
! 1t was simple arrangement far as were
concerned that we would proceed with the trial
by empanelling the jury at eleven O'Clock to-mor-
row morning.
Judge McCue-Wel. consider the case called,
and we VIII then take the chances OF It's disposl-
ton tomorrow morning, at eleven O'Clock
Mr.. 1racy-When the empanelment will pro-
coed?
Judge McCue-Well, l don't know; you are at
liberty TO take any action.
Mr.. Tracy-Then either party may move OF the
case2
Judge McCue-Certany.
Mr.. Tracy-Then they can postpone the case.
We would like to know II the paintlf Is ready for
trial to-day?
Mr.. Pearsall--Yes sir, we are ready and they
know 1t.
Judge McCue-well, the jury will be empanelled
tomorrow at eleven O'Clock.