The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-09
IlLION VS.. BEECHER
Fifth Day Of the Great
Scandal Suit.
REVISING THE JURY.
Four Men Challenged and
TWO Excused.
Six New Jurors Accepted
by Counsel.
The Case To Be Formally Opened
on Monday.
REVISING THE JURY.


on Monday.
jury was obtained on Thursday night In the
suit OF Tilton vs.. Beecner. It was revised three
times and made whole yesterday. over this jury
q contest was made, In Q few cases excttedly, and
for some apparent advantage In tho man to one
side or the other Some very worthless material
was nearly obtained by the avidity Of some on the
panel to be accepted, either for occupation, Gu
riosity or the per diem.
Jurymen are Is often born as made. TO
answer the requisites OF two corps OF Keen.
incistve lawyers requires, above all, that
man should have something sincere about him.
Each side in the case being entitled to two
peremptory challenges, they proceeded at the
outset yesterday to exercise their privileges. and
after securing Jour new jurors the counsel held
consultation about two Of the twelve who were In
the box in the morning, and by mutual arrange
ment both were excused and their places filled,
80 that alter getting rid OF six men they succeeded
In completing the jury after all.
Thus week has been expended in fussing over
the Judge who should try the case and In picking
jury.
the lawyers seemed relieved yesterday that they
could now have rest until Monday, when they
grapple with the evidence.
Roger A. Pryor has been made to do consider
able work already, particularly in cross-examina-
lions. he and Mr.. Evarts have the quaintest faces
In sight Both are bland some what sef-conscious
men, quite different In age and perhaps culture,
although MI. Pryor has been. II not student,
good miscellaneous reader. Evarts' slim face,
with excess OF characteristics compressed into II,
Is well known.
Mr.. Pryor has o long head, very broad at the
temples, and long, black hair, swept straight be-
hind his ears and turned under at the end. His
profile Is not harmonious and his underhp largely
projects beyond the upper. His nose Ia combative
and prominent. Great purpose is expressed by his
countenance; the eyes are wide apart darkish
gray and elittering, and he fully answers to the
ideal of the dueing editor and politician he once
was. He has very healthy, ruddy skin, ana is
dressed In blue cloth. His body is wtry and active
His manners are concilatory and genteei, even
nattering. Mr.: Pryor is 9 man Of patience ana
cult years OF waiting lor practice In great city
where he came as stranger.
The mysterious creature Of the trial is Judge
Porter. He sits back and looks In comlcal gran
deur at the spectacle. Mr.. Shearman, In the
meantime, ID putting mis- head through cord of
law books and Is Industrious as bee. Mr.. HILL
the Junior counsel, keeps his highly animated
black eyes and Napoleonc head reaoy for the great
work before him.
plexion and judicial bearing. Perhaps no person
in the whole array OF counsel has more the quiet,
long practice and disciplined faculties. he CON
fers very little, rises with his eyeRlass IN
his hand, and lnterrogates, IN cogent manly way
with even less ease. There Is nste OF the petit.
logger in Fullertons method, but he Is SAID TO be
capable, In the height OF a trial, OF 5Adgering q
witness numerically, turning out his mind like
reticue. He Is expected to cross-examine Mr.
capable, being a devotee to practice and carrying
his full talent TO every case His light blue eyes,
relieved by reddish faxen mus.ache, brows and
hair, look all over juryman's lace. searchingly
and expansively, and still not with feeling any
more than II ne opened his door to look out ear
The Court sat at eleven O'Clock. The counsel for
the respective parties were there In attendance.
The jurors already empaneiied were cailed upon
to answer to their names which they d1d.
Austin Packard was challenged peremptorily by
the piainJt1's counsel.
said he resided at No. SS5 South Filth street; ne
keeps house and has vile; Is IN the hardware
preston as to the merits Of the controversies to
the truth or alsity OF the Charge that impression
would remain until he heard something more OF
TO Mr.. Evarts-My nrm is Mott Terpenning; I
have no acquaintance with either OF she parties TO
congregation; have no relation with those who
figured as witnesses In the Beecher investigation
or made statements In connection with that lnves-
tgati0n; have not, i think, on my mind any
thing that would prevent me from serving as
juror In this case; think there Is nothing on my
mind to prejudice my verdict II should be sworn
Mr.. yeach-Have you now an impression as to
the charge against MIR. Beecher
Witness-Yes; 1t would remain until some argu-
ment was made to remove 1t.
The Court think the Juror must stand aside
Charles Clarke, in answer to MIR. Pryor, stated
that he mad heard OF the controversy between MIR.
T1ltOn and Mr.. Beecher.
Q. Do you know the charge IN controversy A.
Q: Have you read much about 1T A. Pretty
Q. Did what you read in regard to it make an i'm.
preston on your minds A. Yes.
q. Does that impression remain on your mind'
Q. As matter Affecting the truth or untruth Of
9. Would II require evidence or argument to
remove that present Impressions A. Yes
The Court ordered the juror to stand aside.
Michael Byrnes, IN reply to Mr. Beach, satd-I
paid very little attention to it.
q. Have you read accounts about 1t on one side
or The otAerf A. have read little; have not
read much In six or seven years, as my eyesight Is
weak, and cannot read more than few lines at
A. A little-no heightened discussions.
Q. Have you received any impression or formed
any opinion' A. Not the slightest:
Influenced as regards this charger A. As free a.
the wind; have no business now; four years ago
my business was building houses, and selling
them when could; am . man Of family; l am
q believer in Christianity, and am q member OF
St. vincent de Paqps Roman IAN. Catholic church.
years; was born in Ireland; l came TO this coun.
Try In 1895; hive at No. Is North Eighth street,
Williamsburg; my wife ana myself might nave
spoken about this case sometimes.
q. Has she any opinion about the natter A.
No, SIR; she Is getting pretty old now. Great
laughter) ! live with my vile my children are
all married and keep house for themselves; have
heard my son say something once in while ABOUT
this case my family have not taken sides In this
matter; we are as friendly to the one side as to
the other have not particle OF feeling about
the matter
Q. Have Jon any connection with the lawyers
hereY A. Not the slightest.
q. You stand Indifferent TO the whole case In all
its surroundings A. Yes.
Mr.. Evarts-We leave the case 20 Your Honor.
The Court directed the juror to take q seat in
the jury box.
A discussion here ensued between counsel on
both sides as to the time OF interposing peremp-
tory CHALLENGES. Mr.. Beach cOnLendlnQ that DelOra