The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-07

opinion.
THE SEVENTH JUROR.
George Hull, examined by General Pryor:-l live
az No. l02 DeVoe street; am carpenter; nave
lived there twenty-five years have heard OF THIS
formed an opinion / nave an Impression / read
articles In relation 10 THIS CONTROVERSY l read
newspaper articles; ! have read the statement OF
Mr.. Beecher: did not read MT. Tilt on's; read
very little OF the repor. OF the committee; read
the conclusion OF that report; 1t did not make any
impression upon me; the Impression Is not very
tenacious; II would require some argument TO re.
move That imp esslon; would fairly listen 70 the
evidence; attended DR.. Reeds Baptist church,
Williamsburg; my mind s fair and even between
ootn parties; 40 not know either.
General Pryor-We withdraw the challenge.
Mr.. shearman-we are wiling TO accept the
"a DECIDED OPINION"
William S. Highly, examined oy Judge Fuller
ton 81 ave at No. 900 Fulton street, my business IS
mems furnishing goods; nave heard this contro-
versy; have read ali about 1t; have pretty de-
c'ded opinion about II: vx,vorrn
Mr.. Silas B. butcher was then called to testify
TO the fitness OF Mr.. Mackey to serve as a Juror;
Mr.. Hii.-Mr. butcher, nave you seen Mr.. mac
Q: Were you In court when ne was examined
Q. bid you hear him mention the fact that you
had business with hlmf A. did
Y. DID you have any business with him
Q. Are you connected with an insurance COM
panys A. | am not
Mr. PryOr-What Ii this for
Mr.. Snearman- We take this ground to show the
incapacity OF the Juror TO serve. The statute is
very broad and provides that the juror must be
person OF fair character, OF integrity sound judg-
ment and well INFORMED. Now. may II please
Your Honor, II we show that this witness has
gentleman who ID as we'll known In this city as
Your Honor. and IL is almost impossible Tor any
man OIL tolerably sound Judgment 10 make q mis-
take with regard to him-when we show that Mr..
Durcner has not had such dealings with him, there
Is very strOng presumption that the juror ls not
person OF sound judgment, aud that ignorance
does
the capacity TO serve as q Juror.
Judge NELSON'S this not cQllateralf
Mr.. Snearman-SuppOsing juror should come
here, and get ON the stand and swear that ne was
engaged bv Joseph Nelson
Judge Neilson-Leave me out, II you please.
Mr.. shearman-wel, then. I viii say Mr.. Evarts.
Suppose he should come here ana say thai he was
engaged by William NJ. Evarts, q lawyer IN New
York and he was asked II he then saw Mr.. Evarts
In court, and ne looked this way and said he did
not see him, would not that go to show that the
juror was not well infOrmed2 1t Is clear that the
Juror is not OF sound Judgment and that 10 the
point we wish to show, and we have to snow It by
collateral testimony.
MI. Hill to witness-Has this gentleman ever
had any business with your A. No, sir.
Mr.. Morrls-Are you connected with any insur-
anCe company A. am not.
Q. Do you know OF any one by the name OF
butcher connected with an insurance company
Q. What company is iii A. My impression is
that II Is the Continental.
Q. In what capacitys A. don't know, but he is
Thomas Z. pearsan called. Examined by Mr..
q. Where 90 you resideg A. No. los Sixth ave-
Q. You attend DR.. Talmage's church, A. do
9. On Schermerhorn street. A. Yes, sir.
q. How long have you attended Ii A. Ever
q. Did you attend the church which was there
upon the site before the fref A. did.
q For how longf A. Since the time that church
was built.
Q. Did you attend the church on the morning Of
the frey A. No. SIR. until heard u the fire.
know, sir; / heard the bells ringing Tor IRE and
then went to the DIRE. ~
O. What time did you get there, do you thinkY
A. Wen, think the fire occurred about the time
O. Do You know whether there was any preach.
ing there that morning at ans A. don't think
q. Exactly. Do you know whether Mr.. Talmage
was there at the time and entered his church and
attempted to preach that mornings A. l DO not,
Judge Neilson-wasn't it before the service the
Mr.. Pearsall--It was before the service; It was
just at the time OF the service.
Judge Neilson-The morning servicef
By Mr.. Hll-The bells were just ringing for
church, A. Ringing for church.
= Very sudden fire. wasn't its A. same as all
Judge Nelson tsotto roce, sudden as 1t could
BY Mr.. Hll-The building was entirely de-
strOyedP A. No, Sir, not entirely; the fire took q
long time before 1t developed; it caught down IN
the cellar, at the moor IN the 'front.'.
and the building was burned up before any ser.
By Nj. Mofris-rne congregation had partly
Sir.
9. You understand they were in the church at
attracted to the cnurch by the fire.
9. Do you know Mr.. butcher, connected with
Mr do
Mr.. MacKayf A. lam. sir. ''N 's1"AeO WIN
Q How long nave You been acquainted with
Q. You have ' done lone business with hlmY A. No.
str; know he is IN the real estate business
Q. Have you done business with each otherf A.
Q. or his brorhers A. may have done some
business for his s brother but It is years ago.
Alderman William Richardson , being sworn, ties.
Q. Do you reside In this city, A. do.
@. Do you recollect Dr. Tamage's church being
Q. Please state when you heard the alarm of
href A. II was, ! think, the 2lst OF December,
1873, about ten minutes after ten In the morning;
Q. Do you feel sure IT was that day9 A. feel
sure 1t was Sunday, December q.
g. Do yOg 60 TO the fire A. did, Sir.
Prank Benson, being sworn, testified as follows
d. WHERE do you reside. a. In Boerum place.
o. What Is your businessS A. | am superin ten.
dent In Rlley's billiard saloon.
Q. John K. kley's saloon A. YES SIR.
q Do you know Andrew Mackay A. Yes, cir.
Q. Did You ever hear him speak about TINS con.
troversy A. Yes sir; heard him make some
lew remarks about it,
O. What time was that9 A. I do not recoliect
the exact date; 1t might be two or three months
q. Did be express any opinion about the matter9
Yes, Sir.
o. was 1t decided opinion A. WE'LL cannot
say how decided 1t was; he expressed an opinion.
Mr.. Hlll-That IS all.
Mr.. shearman-I think we have proved that this
Juror has expressed an opinion about the con-
troversy, and. furthermore, that bis knowledge OF
dates Is not accurate.
MIR. Fullerton-The character OF that opinion
does not appear. and II the Juror has fallen nto
error respecting the data OF the fre does not
AFFECT his standing as q juryman.
Mr.. Shearman--We think 1t does.
Judge Neson-I think the juryman had better
stand aside. as he should be free from all question:
Y ou are excused, Mr.. Mackay.
Miohael Herrck was next called He was
examined by Mr.. Fullerton as folOws:-
Q. Do yod reside In BROOKLYN A. Yes, sir. I
have resided here about twenty-five or twenty SIX
years.