The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-01-04

mr. REID then insisted that the traverse be written
out and nled, which was accordingly ordered
court and sat behind counsel He was the only men,
Der OF the Tweed family present
Mr.. Carter who is associated with Mr.. Peckham on
the trb@i drew up the traverse
While the traverse was being prepared the general
jury was called and discharged unt tomorrow, which
created the impression that the Court thought posi-
bic the Tweed case would 90 over
Mr.. Peckham then read the traverse, which takes
issue on the facts Of the challenge in the name OF the
Mr. Field then called upon the prosecution to verify
the traverse.
Mr.. Carter-Oh verify a traverse by the Attorney
General.
Mr.. Peckham-The traverse in the misdemeanor suit
against Tweed was not verified
Judge Westbrook decided that II was unnecessary TO
Mr.. Field then called upon the Court to decide
whether he would select ers to try the issues on the
challenges
MI feckham held that q for tho Court to try the
challenges under the act OF 1873
Judge Westbrook decided that the act was clearly so
wordcd
Mr.. Field submitted that the act only referred to
challenges TO the jurors but not TO challenges 10 the
array. The law was n change OF the common law
right made 10 reach tho Ring suits and must DO con-
strued strictly Moreover tho act speaks OF civil cases
which are renewable on certiorar which is not the
case with civil action like this there could be no
certorari on this Moreover civil case is not neces
sarny civil action, as for instance suit TO forfeit
reeognizances
Mr.. Carter replied that Mr.. Fields argument
amounted 10 this that the Legislature did not mean
what they plainly say.
Judge Westbrook took It that challenge to the
array covered challenges jurors aud tho act says all
challenges TO Jurors in civil and criminal TO
be tried by the Court He therefore held that he was
TO be the trier under the statute.
Mir. William Walsh, County Clerk, was then sworn,
and on examination by Mr. Field stated that he did
not know whether the lists OF jurors furnished him
formed complete list OF the jurors OF the county
In reply TO Mr.. Pcckham he said that they were the
f Hs lists from which jurors were drawn TO serve in
After recess Mr. E. F. Underhl, stenographer, was
examined by Mr.. Field as TO whether Mr. Peckham did
not offer TO draw the list from the books containing the
complete list and whether the defence did not
fuse and deny the validity OF the whole proceeding
Mr.. Peckham he said, in substance offered that MT.
Field and counsel for the defendant preferred they
weuld take the original list which were
announced to be present by the Clerk, and select
from them. Mr.. Field made no reply, and Mt Peckham
again made the offer and said that II Mr. Field would
put II in writing that they preferred and would accept
special jury, selected from the original list they would
be satisfied with that Mr. Field, the second occasion
when the offer was made, stated that they could not
consent 10 anything, and that they questioned tho
validity Of the whole proceeding, and added that they
there 10 object to the proceedings
Mr.. Gunther X. Ackerman Deputy Commissioner of
Jurors examined at length by Mr. Field In reply
TO tue question to whether there In the hands of
the Commissioner Of Jurors whether there had been
a complete list OF persons residing the city OF New
York qualified TO serve as jurors, not exempted
and liable TO serve the ensuing year, he
said there not complete list, but there list
of jurors liable to The witness then proceeded
TO state In detail the method OF selecting the jurors and
produced the books 10 show the list made up from
May
Mr.. s D. Babcock one of the persons chosen to
strike the jury, also examined and after some
questions had been put TO Mr. Baucrdor 10 the offer
made by Mr. Peckham, Mr. Ackerman was recalled and
stated that the list sent down TO the County Clerk con-
tanned the OF those who had not changed their
addresses and who appeared 10 have served the year
before and also such additional names as were reported
by the parties themselves being willing TO serve.
The Court adjourned until hafpast ten O'Clock this
morning