The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-06

spending TO that part OF Mr.. Beachs speech where
he claimed that the empanelling OF the extraordi-
nary large jury before Judge Nelson had already
opened the trial In the next Court. Mr.. Evarts
said-"lt is not . special panel for the Beecher
number to attend this Court. They are OF the
same character as the general panel is; they are
an one panel Tor the purpose Of drawing lots Tor
this case or any other case. We may be wrong,
put that 10 our proposition OF law made TO Your
Honor yesterday. Now do not understand that
your Honor sends this term before another asso-
ciate IN another room. II this IS caused for the
convenience OF trial, then the disposition must
arise alter you have disposed or the consolidation
Of the panels and the lmpanellng OF a jury.
Judge McCue then remarked to counsel on both
sides:-l desire to consult with my associates In
reiation 70 the point as TO the power OF the Court
TO held Special Term. We Will take recess,
therefore, ior half an nour, or Tor longer time II
the counsel desire.
Tue Court took recess until half-past one.
me Tilton party remained IN their chairs. The
spectators had no idea what would happen until,
at the sudden re-entrance OF Judge McCue alone
ne took his place, and, the crowd pouring IN, ne
closed the discussion in the following wOrds:-
have gwen this question the best consfdera.
ton could during the interval Of the recess, and
have come TO the conclusion, and shall SO rule,
OF 1870 provides THat The said three judges Of the
JurisdictlOnn
So far as the calling Of the case yesterday Is con-
cerned did not understand that 1t was on in the
sense that the trial OF the case had commenced
tanning 1 the causes upon IT. shall re-
new the direction that gave you this morning IN
the case ana send 1t in before Judge Nelson for
trial The case will be called there to he tried.
The counsel can make any objection here and
have 1t spread upon the record to the END that the
question may be raised hereafter
Paustng moment, Judge McCue, in lower and
sober tone OF voice, said, what all the better class
desire say in behalf OF my associate that we have
1et very much embarrassed at the intmatlons
thrown out from time TO time about the preference
OF sending the case before one Judge IN preference
to another, or before any particular judge. We
have tried to dispose OF the case in the ordinary
that both parties viii receive ali the
to which they are entitled. or as ordinary suitors
Are ns TO- aa5 IS an ney sneqa sa
say that this IL simply my own opinion. My asso-
ciates are not bound to any concurrence In my
tlOn when 1t comes up before them. The parties
therefore, with the witness and the counsel, will
the Wt tS and the VIII
Mr.. Evarls-We take exception to this ruling.
Judge McCue-You may have 1t spread az length
upon the record in any way that you desire, so as
to raise the question hereafter.
so end two Of the distractions to getting down
to what may literally in this case be called hard
court room and before Judge Nellson.
IMPANEI4LING THE JURY.
As early as ten O'Clock In the forenoon the court
officers took up their position at the door lead
ing to the court room OF Part No. 2, OF the Brook
a7 to
other than persons having the summons OF Jury
men, lawyers ana reporters were admitted by the
court officers, but they were sufficient to Ill the
hail OF justice almost to repleti0n. Soon after
eleven O'Clock there was grand rush Tor the
court room across the corridor, Part No. 1, in
whispered that che counsel were arguing upon the
right of that Judge to order the trial TO take place
before Judge Nelson. Deputy Clerk Madison soon
after announced that the jurors cOud take re-
cess until two O'Clock. which had the erect OF
tine % sna
were back and In their former places.
Almost there
space and crowding the counsel into very small
compass within the inclosure in front OF the
son was ABOUT TO can the pane when M EVars
privilege. The crowd should be kept bacK II it
were at all possible. and chairs ought to be pro.
vided for the c0unsel.''
Judge Nelson said that he regretted this con-
nisSed the counsel Tne otiicers Should put back
the crowd from about the cOunsels seats.
The clerk said he would call the regular panel
now and then he would call the special panel Of
jurors.
Mr.. Beach remarked that he would concur with
the counsel the other side in the assertion that
little more space would be desirable. Get
back, get back p cried the court officers as they
again struggled with the mass Of people who
gathered about them, and considerable confusion
ensued for several minutes. The reporters were
driven away from table IN front OF the jury stall
Mr.. Evarts hoped that His Honor would under
stand and that the crowd would recognize the
fact that examining Jurors IS a very responsible
duty, and he asked the Court to direct that ldC!li
ties should be afforded counsel to have commune
cation with their clerks and other persons during
the trial. Unless this fact was understood the
counsel could not hold themselves responsible.
Judge NeilsOn-The facilities must be given, and
the officers VIII see TO 1t the people get back and
that the attendants OF counsel are furnished with
chairs also.
MIR, Evarts asked that the regular and special
The Court asked was the motion made by mu.
tual consent, ana MIR. Beach replied by request Of
the defence, but almost Immediately after agreed
to combining the panels, which was so ordered by
the Judge. Mr.. Taayer, who mad been called
in the regular panel, was then told to stand aside,
with the agreeable remark that ne might not be
called again. The Clerk then resumed calling the
names, and the counsel for the defence suggested
that the numbers be also called, which was SO
ordered.
Mr.. Shearman desired to assist the efforts to
obtain jury, and n the counsel would consent it
would De wen to have the Court PROFOUND the
usual questions to the jurors as to place Of resi-
dence, age occupation citizenship, as to whether
the juror had heard of the controversy, whether
he had read OF the case whether MS name Is on
the assessment roll. &c.
Judge Nelson said the counsel had better inter-
rogate the jurors themselves, as 1t was customary
Mr.. Beach dissented from the opinion Of Mr..
Sherman upon this subject, and the call pro-
ceeded.
James Hardness was then called, ana being
sworn to answer truly the questions put to him,
hanger by occupation. He is not acquainted with
the parties; had read the from the COM
mencement IN the publications.; read Titon's
letter to DR.. Bacon, and previous TO reading that
letter he was not aware OF these charges had
formed an opinion OF the case based upon what he
had read. The Court ordered MIN to stand aside.
Charles f. Foster had been abroad from April
until October last, aud had read very little OF the
case read sundry publica lions since he returned,
but could not recall what particular papers had
cOnversed with his family on the subject; had ex.
pressed no Impression as to the innocence or quit
of any OF the parties; IS member OF DR.. Cuyler's
congregation, and had not cOnversed with Alder
man whitney on the subject: was summoned as u
juror on New Years Day; any expressions OF Opn-
ION that he had made upon the subject was based
on previous conversational though his OPINION had
been based on conversations with mis- family he
had seen no reason to change 1t.
Mr. Shearman asked him whether his impression
was strong that 1t would require evidence 50 as