The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-07
Extraordinary Crush of Spectators in
the Court Room.
Interesting Points Of Law
Discussed.
A SLIGHT BR E z E.
The Lawyers Settling Down to
Work in Earnest.

The third day OF the trial against Henry Ward
Beecher Tor alleged damages to Theodore Tilton
found clearer sky, more beautiful Brooklyn
and court of justice at last unified organized
and In movement.
The mere ianfarOnade Of counsel was done. three
men sat in the Jury box already selected, OF whom
At least one must PROBABLY continue to be jury
man, as there can be but two challenges from each
side. One OF these jurynien, Robinson has already
been impeached lor having given strong express
sion to his prejudice, although afterward swearing
that he had never given such utterance.
Five more Jurymen were obtained yesterday, and
the list closed at half-past four IN the afternoon
with the following persons ordered by law and
conscience TO consider the great social and civil
subject
Lewis Fl. Robinson, real estate broker
Grimm b. Hastead, hardware dealer.
Stephen Lewis, cracker baker.
Caleb Westman, telegraph instrument maker.
Henry Tnyer iron moulder.
Hiram Downes, truck farmer.
George Hull carpenter
Austin Packard, ship goods manufacturer.
over the particular jurors chosen there WAS
very little struggle, their lair appearance and
1rankness assuring the counsel on both sides; but
no man was fought over who reached the Jury
box and in four cases there was very lively con-
test, the last catching the Court nearly in the
dark and going over until to-day.
Inc personalities are Cuat d jury Will DC gained
by Friday night or saturday; that is II the coun-
rel continue desire to close up the issue and not
30 prolong It,. The tally lists in the hands OF the
counsel for the defence are wonderfully explicit,
ana 1t appears that the whole panel has been
searched out, man by man, as to his social and
church relations and opinions, and particularly o.
to his utterances. This was shown yesterday in
the case of the curious genius, Andrew Mackey,
who ought to be the model juryman according to
the law, as he had read nothing OF the Beecher-
Triton scandal. Half dozen witnesses were
brought to bear him in half an hour. and he
was bowed out OF court by Messrs Hill ana Tracy.
gentleman on the panel, waiting Tor his
chance to be drawn, yesterday, said that in his
absence from home person called on alleged
city business to ask for certain statistics and
under cover Of this duty inquired into the church
acquaintance and views OF the mead Of he house.
THIS WORK Is said to be done partly by city street
officials and partly by volunteer associations OF
the defendants church. Mr.. Beach, OF Tilton's
side, called attention to the fact yesterday, say
ing that MS competitors had the whole instrument
tally Of out OF doors in their hands 1t was noted
that large books alphabetically arranged, were
appealed to by counsel whenever Jurors name
was drawn. This minute work has been done tor
the defence by eX-District Attorney Tracy; the
same general kind of WORK IS done Tor the paintln
for Tllton. Mr.. Evarts leads for Beecher, with
Judge Porter saying nothing at present, for his
alternate. The chief cross xamination Ia done
by John f. Hill and Roger A. Pryor present, Hill
beng maniestly the superior in sharp, inclsive
questioning, while Pryor accomDshes perhaps as
much by bland, friendly style OF insinuating him.
self into the nature OF the witness. The plaintln
would be considered outmatched II 1t we're not for
the bull mastlf strength OF william A. Beach, who
never loses his temper but to his own advantage.
Judge Fullerton Will do the strong cross-ex amina-
ton for TiltOn late IN the trial.
The CONDUCT OF THE CASE.
After the jury is all polled the case for the pros
ecution will be opened by Judge Morris, who win
occupy one day. He will then cali witnesses. leav.
lug Mr.. Beecher until near the end. The chief
witnesses for the planttr are said to be Mrs. TIL
TOMS brother, the same who refused to testify
before the church committee; Mrs. F. B. MoultOn
Miss Florence Iilton and the artist Carpenter.
The first asperlty OF the trial occurred yesterday
between Tracy and Beach, both h.blooded,
large men, with plenty OF jaw and beard.
Frank Moulton was In court at the beginning
yesterday, well dressed, shrewd OF face and in
more than ais usual good spirits. He said o few
words TO TiitOn and then departed for New YORK.
Mr.. Beecher's two sons kept watch for
him, the elder q tall. thin young man,
with long forehead, nose ana gen.
era profile and light mustache and the
other a mobile, slender youth, with dark side
whiskers hopeful q an increase, for which there
Is much space. The court was crowded all dag,
and the audience, generally good humored.
JUDGE NELSON.
The Judge (Neison), said to have been cousin
o. the late Chief Justice Nelson, OF the Supreme
Court OF the United states, is sturdy Irish Pres
byteran, with the face Of an old time
public man, ike george clinton and
Governor Mexican. Very thick through
nom the chin to the nape OF the
neck and showing great will. His chin Is also
srare, the mouth always firmly closed ana nearly
an arch; the nose perfectly straight and although
OF goodly size not prominent because Of the great
size OF the warm red face behind 1t. The EYEBROWS
are clearly marked but very thin, the forehead
good and capped by brown wig which makes his
face look like cardinal at the top and signer OF
The Declaration of independence at the bottom,
He fairly carried away the nonors yesterday BY
his decision, accommodation and, for so many
lawyers his despatch.
KNOW NOTHING.
Andrew Mackey was called. q very large long.
haired, well-dressed man, something ike pious
Indian. He was over six feet high, and his face,
from the eyes down, prodlgiousy large, designed
10 encase vast mouth. The amount OF passing
Information which this gentleman did not know
was astonishing. He had only read parts Of the
headings OF the daily papers, never read any pOr-
ton OF the testimony, listened indinerentlY TO
conversations abou 1T, had no knowledge OF either
principal and. in fact, as he said, "knew nothing
more about the case than the side OF post.n
IL may have been the brevty OF Mr.. Morris in
qufrles OF this man and the admission that he had
been acquainted with Mr.. Morris which led Mr..
Hill, OF the Beecher side, to question him nearly
a. long as If he was on trial, 1t appeared that he
was person OF the old fashioned, cautious kind,
subordinatng public interests to hts advantage
and avoiding CONTROVERSY.
He SAID he resides at No. SIS Fulton street.
real estate and insurance broker, had not read
anything concerning the controversy on trial
no hing except the headings Of the papers;
wnen this controversy commenced was In MORRIS
town, N. j.. returned In October; had read the
Brooklyn Union and Brooklyn Argus but had
read nothing In them about TINS controversy had
heard the cause discussed, but took no part
IN The discussion had not formed any Impression