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

juryman be suspended for the present ask that
your Honors disDoston upon the question raised oy
this challenge should be suspended say for the pres
Mr.. Beach-That is most remarkable proposition.
your Honor These gentlemen come here with score
of retainers with their copy Of the lists. with their
committees and gentlemen WHO made examinations IN
regard to their panel ana ask IN tue midst OF the
examination Of cheehge that IL shall be suspended
course 20 be pursued NJ must return
tine same request your Honor whenever gentleman
happens u be upon the stand vita whom We are ~
entirely familiar, and object to IL most strcnuousH
! Mr.. Fuerion-Besides, they have their remedy. Sir;
the matter Is In their own hands. Id, . o,.,,o .,o-
Judge NeisOn-DOubtless they wish 10 preserve ther
challenge however, of course.
Mr.. sheIrmln-Taat liz preserved BY consent. 49,,
would not want 10 apply IL.
Mr., Beacd-There was OCCASION Sir, yesterday
| when should have been very glad II nad sup
p3sd It regular to have made suea an ,o ap
saw ut to force us into the position in regard
| 20 that juryman In which placed, wltlOat
any Oppor uuity-linowing nothing or him-sp maxi
examination whch would have enabled Is decide
to the course OF inquiry should nave pursued M re-
gard to Nun. We come here without any xlmlnation
regard to this panel simply trusting 10 wat We may
elicit when the juror is upon the stand ,-. o..
Judge NelsOu-I think the juror may take seat TOR
the present 70 the jurorI-rake seat In tha1 nrst
chair
MIR. Hnl-ono moment I have ut quite finished.
Judge Neson-G think your examination has been
very extensive suspend him at your request; an
Mr; BeacG-wA., do we understand, your Honor -.
Judge NelsOn-He may call witness TO tlls juror
II he fit.
Mr.. Hnl-Do you mean nowi
before call another juror; that the reg
ular way.
Judge NesOn-weu he asks If you call a witness, to
Mr. Evlrts-No doubt we would DO It, int was in our
power 10 do 50. The objection IS tnat we NAV not De
ready.
Nj 1,rris-Bit you can't do otherwise; this is the
Mr. Evarts-rnere Is no occasion for haste, II your
HjuOr please. II TINS were tho tweifsh iuryndn tAefe
would DO some prUpricty in the request Why should
we go on uowl We masl have nlue or csht jury
men, as the case may he.
Judge NelsOl--Is strictly regular and have
NJ Beach-Do understand your Honor to suspend
the examination upon tins Issue as 10 the challenge OF
the Juror.
Judge Neson-That is what do.
Mr. Beach-We beg to Object 10 that proceeding ana
Insist that II there evidence W he gwen IN
regard juror upon this preliminary examination
su perenp tOry challenge hereafter, that that evil
deLce produced mat thar examination III re-
gard TO INN be considered closed
Mr.. Hi.l-May suggest 10 your Honor that at any
time before the jury Is lmpaneied, tle Court mas dis
creon upon hat subject as to now and when TINS issue
arising pom the challenge should be tried submit 70
your HOuOr thar, under the circumstances, we know
man who Is under examination, and submit 1t TO your
Honor reasonable request chaC opportunity TOR cx-
animation be given in view Of what ths witness has
Judge Nelson-Tlat Is not the practice.
Mr. Hill am not aware that ANY ruling has been
made against n, submit that Whole subject
AT least within Jour HOnOr's discretion.
juror II You any witness respect to THIS juror
call Nun and he must not De called TO some col
WITH a certain Insurance company. That won't do.
That dont 90 the point whether he is proper and dis
Mr. sheArman-Ifs please your Honor we understood
that YOU were granting US some little favor AlO" us
to submit THAI allowing call not
granting any favor at all that nave matter
rigat suppose II your Honor gives US ntte time
you VIII give Us an hour.
Judge NeI!son-We, then, putting it on that ground
and with the understanding that 10 shall not be repeated
IN respect any juror Will hold il in tnat way
MI PryOr-lf your Honor please, II these gentlemen
Will say that tney witnesses traverse any ma
eia statement mat this witness mas made toucnnS bs
indifference between these parties or III respect to ths
matter, why then We might 90 disposed u consent 10 "A
relaxation or the RUE Bat 90 not undefs'ui tndI
that they know OF any witnesses VINO VIII con
trIdict TINS iuryman Nor do UNDERSTAND th-t thry
say that he has made msstatements 10 the DISPOSE
Of mud between these parties; Out they want
adjournment TO see II upon career OF mquisitloh
they may not discover something 10 MS uIscFeII' o
Judge Neison-It must be something that goes to the
question whether nc Is qualified as a Jiryman.
Mr. Beach-Wul your Honor please consider for one
moment whether TINS Is jidicous course 10 be taken
regard 70 the impIneIng Of this lIGy Undr Lhe ap
prevail OF your Honor, yesterday made arrange
by should present our challenges 10 the
individual jury ueI is tbey were c4l'eu anu II no cause
was then found against their quaiihcition as
jury that thoy shonId take their seats. sub-
iecI TO peremptorY challenge. Now 1 understand
application TO be when the source OF examination
that your Honor shall suspend the examination under
challenge for the purpose OF allowing the parties 20
OF juror. Nov, If that privilege Is TO De ac
his ask that We nave the same PRIV
cge, and tla either party nave the same privilege
regard 10 every Juryman who Il called ana taxes
MS seat as qIhllhcd juror under the examination
10 iuterpOSe any challenge, favor or for principal
cause who has been thus called and takes his
seat II Will nc tune enough TO discuss the right winch
be claimed by counsel But suggest TO your
Honor great respect, that shall succeed
obtaining jury IN IT, after the ext.nua-
tlOns winch are had here, lengthy aud protraced
they snail DC permitted 10 investigate the pubc
IN regard 10 the evidence which may be presented
against either of the jurors who have taken ms
seat with great respect, Sir we Insist that ~ Is an
unusual extraordinary ana embarrassing course oil pro
ceedlng 20 be adopted by the Court
Mr. Hl-I only say that in response TO the sug
Of Il j
state that nave had no personal interview with auy
ind vldual regard tho matter but have had IN
tervews with other individuals VINO furnished me lnfor
nation which the Court ought 10 know ABOUT DeIOfe
this question is disposed or
Iudcc StiisOn-NOw you will please understand that
departure from the proper strict course,
and as Mr. Slearman was discreet enough To PIT H. a.
a fave be followed hereafter, hOweYef-IOJ 10
he a precedent But you call witness II must Oe 10
shoW that TINS Juror has OlAs, or mas expressed an
oDinion-nOt a witness 10 Snow nc transacts business
with an comp any or does not that Is lnna-
terial.
MT Reach-Do understand that that IS a special
granted this defendant and not 70 be conceded
to us under similar circumstances
Judge NeilsOn-NOt conceded TO them. TDey ehal not
regard It as precedent They snail not claim IL mere
after II II is granted now
MI Beaeh-Weli. Sir, shall we understand
Judge NeilsOn-I do not say would not accord You
the privilege but II witness Is called II must De
10 the point this has expressed al opinion,
not that he has been at churcn,or has not been.
Mr. Beaoh-Well, what limit is there to this liberty,
this How long Is TINS question 10 be Openf
Judge NeilsOu-One hour Now ea.i the next jaror.
shearmAn-AlOw me TO say we DO not think OF
asking without being wiling TO grant II at
another time 20 the side We therefore ask on our
part that your make exception in their favor
THE FOURTH JURYMAN.