New-York tribune., 1876-01-04
THE COURTS.
.un s1x-MIlL1oNs TWEED SUIT.

.-.. THE sIX-MILLI0NS TWEED Bull
o. ,.o.-,,,sr OVER THE STRUCK JURY-noW TIE COM
MISSIONER OF JURORS KEErs 1HE JUEi DoA
SUPPLIED. ooo ooo
The civil suit against Tweed for SO'OoV,ooV
as tie first case the calendar OF the supreme CCi
part H. before Judge WestbroOk, yestefuay' anu n"
called both sides answered ready. There was present
- crowd Of Jurors counsel clients, and witnesses
,.rrcd in m, other 10 cases, but after judge "eS
, he'd gone through the calendar and had anholn.tu
that he would take up no other Case ana ia'tr i' "
charged the jury, the room continued "
6ued by interested spectators. James u NH ,o'
onre,red as associate counsel Win "hVoIei
~ pott,r, for the people VIM NJ. Tweed IT,, ana Mr.
Id,step apDeared with David Dudley Field ana Dudiey
pld for the defendant The whole day was spent on
preliminary trial OF the validity OF the s'rockJ"! p"
Mr. pcctham moved to set down the MINOR suut Io'
n OO0 600 for next Monday so that the stch Jurors III
that s,,it conld receive proper notice DAVID DudIey
Eild immediately made a counter motion that all pro
o,,i,,s in that suit be stayed until the defense was
o,oed access to the warrants. vouchers ana accom-
nopying papers possession OF the Controller on "C
the anti was founded He read the papers used III the
similar motion made 10 Judge Lawrence last week. ny
,lic Il aope,rcd that the defense had applied to the
Controller for the papers, but they Lad been rou7'u
Mr. answered that the defense should nave u
plicd 10 counsel instead OF TO the Controller but the
papers could today 1t certainly was la'e SIN
months after the suit commenced, TO mako such an
application and thcn make it ground Tor stay oi pIo
oeedings After some further discussion judge "c't
brook suspended his decision on Mr. Peckham's mouon
until the defendants should have had an opportunity 10
see the papers. ,,.
The can OF the struck jury then begun Mr. Ficd IN
terposcd formal challenge to the array I'm substance Aa
the County Clerk had not before the eisors te u jury
list Of the County required by the Revised stues' anu
the Commissioner Of Jurors had not l list OF persons
then liable 10 serve petit jurors that tie six isis pre-
nod pulV =. COS Mllllc
the full list would contain over 21OUO hahle' hu ut %
the name Of George W. SOuthwlek' STRUCK Juror, u
moi appear at al upon the petit juror list lhese were
the same points except the last IN were raised al Ine
nr carter died formal traverse to this challenge
dCnyiug the other facts or their legal importance au
Stain that George W s0utlwick was mere clerical
err, ior 0In O. S0uthwick MI Field asked for tcis Of
the challenge. Judge Wcsthr0ok hcid mat tbe 10" VI
1873 made him the tIlcI and refused the request. M
Mir Fird then called County Cork Walsh who teStlhc
% what occurred al the drawing 0i tGc struck ll anu
identified the six lists he then had in his possession rom
which the esois selected the struck Jury Ihey were
the only lists then had though hc hdd sncc fccISu
another Mr. Field read from lhe muos!n VI @ H,e
lists To show that they were only Mltiai isis Mi'
Walsh then stated that at the time OF the dIaWny o 'nis M
,ry AN the names on the lists had been placed IN uc
ury-Inx and All eXcept about 100 bad been drawn out
Tor ordinary jury duty so hat mere were Only 'o'"' oo
Mr. Walsh on crosse Xaminaton stated that the Com.
missioner Of juror produced ist IN sGc =, oVAS, @ S
20 contain the luli hst oi names dl ''"' - ii, ~ ~,
offered TO have these used Mr Field would cons'nl
6nt that Mr. Field objected and that the eisors selected
from the lists sent 10 him only. .
Mi. Underhin. a st,uorapLer, who was present. tes
HOd that hr. FcldS uilttiCu was uicIriS u ibln''
consent ANYTHING. the defend nts otytcCu 10 me
whole proceeding. The csOrS. CXJudse Peabody ana
d. Il hcock called 10 establish thai they acted ony
on the County Clerk lists, and that MI SOuthWlcKs
name should have been John {. 5outhWlck.
GUnhcr X. Ackeunin, the deputy OF MT DUNLAP
Commissioner OF Jurors testified that the luI s' OI
Jurors made up In part from the lists oi inc previous
rear corrected by the directory and by such notices -
Lo Commissioner had of changes OF residence IRON the
officers making services of jury notices ad rom pefsoH
coming directly tneIl 10 make applications FROM
ese from time to time partial liss were made up Win
the view Of keeping the Ju'y-bOX shlIIcd 'tne'Iuy
such lists would contain over 500 names lie saw tLat
Due Of these lists only 26O names The names OF
kOlno men liable TO jury duty were laid over tl lhe
Spring or Autumn. in which they had expressed desSe
o serve. On the crOss-eXaminatOn the witness testified
that in making up the list Ol jurors of 'ach year the I7'
bf the preceding year used aS a basis
The names OF several prominent citizens were searched
for i'm the lists OF persons liable TO jury dUty some were
found and many the Exempt R--istcr." over
5000 parsons in the city exempt iiOm duty on pcut
nric5. -
The court then adjourned till 1880 to-day.