The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-07

read all Illton's letters, and an impression had
been made on him which IL would require evil
dence to remove "Mr. Maher, you are excused"
said the Clerk.
THE EIGHTH JUROR
Augustus PACKARD had formed no opinion as TO
the merits OF the case had no definite impression
on the subject OF the controversy had read OF It;
Is a shipchandler; is not acquainted with either
OF the paruesi Is member OF Mr.. Halstead's
church In Franklin avenue; could render judy
ment on the evidence without bias OF any kind;
had held conversations on the subject with friends,
o9t morning pastco,ari aia not recoIect having
controversy; had received only transient I'M
preston from general reading have been in Dusi-
ness twenty.eiRht years IN New YORK.
Mr. Evarts-we think ne is a good juryman, II
Your Honor please.
John Wlnslckle was then called and SAID he be-
longed 10 the Roman Catholic Church; had received
Beecner; is a fire iusur ance agent: place of bust
ness is In Grand street, Williamsburg, where ne
aked about TOT The case ad NO
from what he had read; saw nothing 10 prejudice
MIN one way or the other IN TINS case; is iorty.
German journal, on the subject OF the contro
versy; attended the Montrose avenue church
church, can read English papers very well; have
been eight years 10 the insurance business; 40
tinental Insurance companies; do business with
the man behind the counter at the Continental In
surance Company In New York read some months
what IL was, as he read histories and such
er naG s not nat
matter; reao very few books except prayer
books; kepta book store once and sold the works
OF the various German authors, but could not re-
member having read them read Frank Leslfes
Ne,os; saw the pictures but read very little OF the
news. n.i
Mr.. Evarts said that 1t was important that
every juror ought TO have familiarity with our
language. and Mr.. Wlnslcke had not the proper
knowledge Of the language TO sit in this particular
case.
Judge Fullerton asked the juror II he could I'M.
dersta and English as 1t was spoken 0y the
counsel on the other side. The juror replied that
he could, ana Mr.; Evarts elected sally Of laugh.
stand the counsel on both sides"
Mr.. Beach objected 70 the exclusion OF the Juror
the English language and Mr.. Evarts proceeded to
examine Mr.. Winsckle as TO his knowledge OF
other papers and books. The word literature
meant letters and the word "condone" signihed
Judge Nelson said though evidently good fair
man. the juror had not had occasion to Iamiliarlxe
himself with the language, and 1t might be well 70
| Mr.. Beach dad not concur in that view and said
high and exalted standard OF knowledge OF lam
guage should not be required OF jurors.
Mr.. Evarts tnought they were not exactlug
high standard OF language; they only wished to
determine as to his adequacy to comprehend the
The Court excused the Witness who stood aside
Charles BnttrlcK, provision dealer, doing bust.
/ Brooklyn; had read and formed an opinion OF q
character which would require evidence to change.
''Stand aside" SAID the Judge. #.
! James s. Connell, sugar broker, who has re-
sided sixteen years in Brooklyn. mad formed an
| He was ordered to stand ASIDE
AN EPISODE.
| MIR. Beach arose at this uncture and said that
contrary to tue expression OF the Juror, Lewis f.
Robinson, while on the stand. that he had never
an opinion on the merits Of this II
pressed an opinion on the subject Of the contro.
/ versy. He would like to prove the fact by w.t.
nesses. fr
MIR. Evarts objected on the ground that Mr. Rob-
inson's examination had closed. and It would be
his Challenge Of Mr. Robinson. and an argument asS
challenge. and Judge Nelson said. :.The question
which arises is one OF fraud, and the counsel
should have the power to examine the ailega-
tion."
Mr.. Beach saio ne could produce authorities in
support of his right OF challenge upon facts which
had come into his possession since the selection Of
this juror
The Court acceded the right OF the counsel to
Finn was then called by Mr.. Beach In support of
his assertion and sworn. He said he had resided
had read the papers in regard to the question at
Issue. In answer to u direct question as TO
whether Mr. Robinson had ever given an opinion
ties, Finn stated positively that Robinson In Sep
TENDER last. at No. $50 De Kab avenue, in pres
DECIDED opinion on the Tilton- Beecher quarrel.
The parties were there for about half an
concerning the Tlton. Beecher case. The subject
originated on the last statement Of Mr.. Triton.
The counsel for the paintiT lad invited MIN IN
the corridor OF the court to come on the stand
and testify In this matter
The other witnesses not being present the Court
SAID they would proceed to examine the jurymen
until the witnesses IN the case OF MIR. Robinson
E. c. Sanaxy was then sworn as to his fitness to
serve as jnryman, and said be resided at No 226
on this case, and had formed an opinion of de-
clded character. He stoOd aside.
Joseph II. Burril said he was an insurance and
formed an opinion on the controversy which was
not settled conviction, however; had heard
thought he could receive evidence Win as much
impartiality as though be had never heaid those
reading lett impression on his mind, but it was
not settled impression; could not state what
s ns IN H IN e.
Bese Bee, his Impressions naa changed At least
had thought the matter over In his own mind,
any bias upon either subject and he
said he had an impression win regard 70 the
guilt or innocence OF the defendant but he could
throw y or from his mind were he to go on the
any man who has sense enough to draw water Tor
himself not to form some impression upon such a
case and vague impression should not inGapaci.
tate the gentleman from serving as juror
In answer to Mr. Beach. the juror said ne be.
tanned. Mr.. Tracy submitted that this line OF ex.
no tracy ssS The she cTus
whether he had an opinion and not an impression;
that is the only legal question. The juror would
not be human II he had not formed an impression
at the time he read. This is not school ior men,
tai philosophy.
Mr.. Beach admitted that this was not school
for mental philosophy, but was rather school Tor
literature and language. This was not question
OF challenge to plincipa. cause, but OF challenge
TO favor. tie then read authorities OF law upon
the subject, ana maintained the propriety Of the
course Of examination which the counsel for plain.
ra ssse mSd s ssSs sSol ss
bias to either of the parties. This juror had sort
OF an impression, which destroys the entire tndif.
ference which should exist In the mind OF quail.
ned Juror In this case. 1t ia possible Tor some men
to read this entire controversy and yet have no
bias one way or other, but 1t Is possible that
others have received partisan impressions upon
that which they had read. How could this
witness say tnat ne could by the mere