New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-05
THE DISCUSSION.

THE DEFENDANTS COUNSEL INSIST ON PROCEED
NC r,,p I,sPANEIING OF THE JURY FIXED FOR
TO-DAY
After waiting from II o'clock until 1880, and
only Mr. Pearsa Of counsel for Mr.. Thton having sp
reared Mr. sbearmar. counsel Of Mr. Beeoher' called np
the case Of his client He said;
Mr. sbearman-NOw.t IL 1T please your Honor we have
JnSSe MoCue-Where is the adversary -
Mr. shearman-Tne adversary do not see. Iaey ssp
that they would DO here Dy H. Dut 'ney
Mr' Pearsa-our understanding Is, Sir that the jury
are for O'Clock, and that then the Court VIII
examine them their excuses and that the case Will
go on to-DOrrow morning at II o'clock; .,,.. ,o,-
Honor Our understanding was simply that the senior
counsel for the accommodation OF Mr. bSaTS sh0uS
he to-day and placed on trial today, ana nothing
done IN the way OF mpanehng the jury until tomofro"
Mr Pearsai0That is precisely understanding.
MI aisnosed OF: we ask that the cause he called.
Jndse McCue-Wen, as understand 1t, special jury
Mr. Trsey"Certanly We do not propose to impsnel
the Jury till tomorrow morning at II O'Clock; oas we
ani the cause ON for which have Deen stateu
by Mr. Sherman We want TO be able to say that me
else has been called and is on but stands over Ior
impaneling OF the jury I'LL to-norro" mOrnins ~ -
No Paarsall-That is precisely understanding
Mr. TsymaBT6e nut It is ali right don't want to
be caught in that other case over IN Ne"ioAi 'na'
my McCue-wel there is no difficulty in your con-
stderng the as called anu on so ai M WIZ
Mr. Tracy-Answered ready on both sides
Judge McCue-Answered ready ON both sdes'
I gaade Mecue-But when o'clock comes you can go
xh the ealing St t we DON'T see that we have
thing 70 do with that We do not see any reason for
ss}n TTracyrSs is only question Of excuses that Is
for the Court Now, the parties being here, all we ask
morrow morning at IL o'clock. The Court can take its
own motion as the excuses; We have nothing 70 DO
with them.
Judge McCue--Do understand that you do not pro-
pose 70 present when the jury is called oor,o,O.
about that, but DO not, for one, am free to say
Mr.. sbearman-wen. do not, and 1 DO not see that
the panel had any btug 10 do with u.s. that u.s.
necessarily TO do with u.s. is panel called lOr the
convenience Of the court 1t Is not panel necessarily IN
Mr. Tssoy-There is only one question that WIN arise,
and suppose that shall all agree that Is that the
TWO paneis will be together, and the names drawn from
the same box suppose both panels are ~ constitute
M snearmsn-I would suggest that that question be
considered quot take the DINER side at
90 rafed now and that also lie until IL O'Clock
tomorrow morning. Mr. Pearsall is the only one here
from ouer sde and DC not think We ought 70 In
Mr.. Tracy-I DO not ask any decision the question
M shsarman-I do not want TO take any advantage
of MIR. Beacb's absence at all
Jadge MeCue-weLl, you I1ay consider the cause as
rallied generally ana IL STANDS over unul tomOrroW
Mr.. shearn1sn~The cause is called and is actu-
Judge Mccue-No; It cannot be on until the jury Is
actually impaneled. .. =
Mr Tracy-Ho; that is part Of the trial. the mpan ell
Mr. shearnan-Thot will not serve over there IS an
eXense II his cause not actually ON.
MIR Trdoy-It don't prevent either party rom moving
I"dga McCuo-I think will send you In before Judge
Neilso1 10 arrange ! cannot have TWO cases on III
once cannot have this case ON when trying the other
o1 No 'sbearman-No; we thought this being day
ver your Honor had many causes ready You could
let the whOie court stand over.
Mr. Tracy-NOi take II up until tomorrow inorhlbg
ana then al the senior counsel VIII DC mere anu you eau
dispose Of the cause. -. ...o.,,,oA.,,o. ~,
Mr.. ShCarman--We DO this Tor tne RECOMMENDATION VI
the OF her SIDE because we are READY. ---
Mr. PesrSali-SO accommodation ior our sue because
e are ne adv LOO. But understanding was taaI the
nTv was not 10 be npaneled until tomorrow morning
IN e,citek when all the counsel will be here.
Judge IdcCue-But you sec, there las Deeh no under
Mr. Pe,rsali-No, Sir; 1t was with the counsel.
MI Tracy-We Only ask that no other cause De got on
Indigo McCue-O cannot do that. You should bave
made IhaL bargain with NE. must cali the Calendar
and 90 on with the trial OF ia Tie ordinary way
N Won are not ready Will hold II.
Mr. Tr4cy-OD, We are ready ana want tne cause on
But We want ~ fulfill all implied as Wen AZ express
under standings with the other side we sbai not urge
tue tmpaueIng OF tho Jury until Tomorrow morning 81
ii O'clock but ready 10 enter up0nlt inns instant
Mr. Pearsal-An the counsel are IN New 1OfK except
JDlRe Aoriss aud he IL DreDariug Tor this trial. He