The New York herald., 1875-10-26
THE COURTS.
John DOIan on Trial for the Murder
Of James II. Noe.
APLEA IN ABATEMENT 0YERBULED
The Judgment for the City Against
the Watson Estate.
MINOR WRANGLlNG FOR sPoLs

Very rarely Is a case brought to trial In this city
around which hinges many points Of interest as that
Of John Doan accused OF the murder OF james Il.
Noe, in Greenwich street the 22d Of August last
Tho peculiar circumstances OF the homicide stll
100 fresh In the public memory require repetition n
detail After the terrible rencontre OF Mr. Noe with
the burglarous intruder his sore after his assassin
had escaped and after mpossbgty the part ofMr
Noe to parcuarize his assaian with any degree Of mi
nuteness that likely to lead TO his capture, and after
the death or Mr.. Noo when nearly all hope was
abandoned OF the discovery OF his murderer chain Of
circumstances gradually developed itself which finally
resulted the Of Doan and his present arragn
ment for trial indictment for murder the hrst
degree found against him by the Grand Jury AS Is
well known the hrst link in the chain Of circumsantia
evidence the finding Of in the store OF the
deceased directly following the fatal encounter which
cane had on the top a representation Of a monkeys
head and which cane from the fact that Doan carried
one precisely similar, is claimed 10 be the identical
which he was in the habit Of carry
dng. The next and most important link in
the chain was finding in Dolan's possession
pawn ticket for Mr.. Noes watch or course in add-
ton tnis strong point VIII Be made Of the bloody
handkerchief Of Dolans found ~ he atter's room IL
be whether these CiTcgmsa going
70 prove Doan guilty Of the terrible crime with which
he s charged wil with other facts to be developed
the trial. betregarded sufficient ground for his con-
victon. Altogether, taking everything INTO account,
including tho past record Of the prisoner which, II is
said embraces term spent IN the State Prison, II is
hardly to be wondered a. that there should have been
yesterday In the Court of oyer and Terminer an
usually large crowd Of people The prisoner occupied
a seat near his counsel, Messrs. William T. Howe and
lex-Judge George NJ Curtis The prosecution repre-
scented by Attorney Phelps and Assistant Dis
ltrict Attorneys Rollins and Lyons A subduod
expression was apparent in the prisoners face
than on his first arTaignment few days ago, but
underlying II could easily be detected inner
seriousness ofhna dsentangement from the meshcs OF
stqnFtrv fra
around him BY the web Of circumstance In court WIS
the prisoners MOTHER who was attired in deep mourn
ing, and young lady likewise similarly attired, and
SAID 10 be the afanced Of the prisoner Neither re-
moved their wells all day
After the called some considerable time
occupied with discussion of .'pea II Abatement
interposed by the prisoners counsel Mr. Howe cited
the statutes OF Is47 and 1854 applicable the drawing
of juries and with these statutes basis insisted
that the plea offered was perfectly tenabe IN law Mr.
Phelps went back to the medeyal ages, and quoted
statute passed in 1852 in Great Britain during the reign
of Charles H., and, working his way down to the
present time cited the cases Friery and Ferris con-
BENDING that these perfect answers the argu-
Thomas Dunlap who drew the petit jury
was not de 1ure Commissioner or Jurors; that
his list was Illegal; that the proper Commissioner
Douglas Taylor, was prevented from attending the
Grand Jury drawing, and that the panel drawn
from an illegal pett jury list. Upon this ground the
indictment declared TO be void, and the prisoner
prays for stay TO have the question decided The law
OF 1915, directing the mode OF appointment Of the Com
Inissioner-whlch observed IN Mr.. Taylor's ap-
that is 10 say an appointment by the Su-
pervisors and judges OF the Court of Common Pleas
was OF the strongest points cited support OF the
plea The principal argument Of Mr.. Phelps was that
the law question simply provided for the enforce
rnent Of the obligation Of serving Jurors those
qualified; that did not deal with their competency;
that such question could not be raised al this stage
and, moreover, that there allegation OF the in
competency Of any juror; but that the pa raised the
question Of the Commissioners appointment only.
I THE PLEA oYERRULED.
Judge Barrett in passing upon the plea said that he
had already considered this question 1t SIMPLY
iEpd
court as between these rival Commissioners Of Jurors
The Court must recognize the Commissioner acting de
fGcto otherwise the administration Of justice would be-
blocked until the court OF last resort q de-
cision. There doubt Mr.. Dunlap was acting as
Commissioner; he prepared the list SUCH and the
list was fled IN the usual with the Clerk OF
General Sessions, and in the usual regular manner
For these reasons he overruled the plea
A JURY.
The empanelling Of jury begun. Before
any questions were asked the FIRST juror called, Mr.
Howe interposed challenge TO the array, which cha
lenge not sustained whereupon an exception was
taken The rest Of the day was consumed IN getting a
jury, which finally completed follows Curtis
Bond, n, J. Philips, Bennett j. King, William u
Leeds, Roswell T. Fish, Myron a. Decker, Henry
Cherish Thomas Dunlop Jr William Glover
Samuel Browning, Francis W. Doane, Abraham Stein
felt