, 1876-10-18

-. ~ .1o A'tatet a"o NV ~ tcEfooi auu lcpuhE IN
Tho Court-Wc know Of no natio,tuI!.tcs in
11ross: The sta!1tory qualifications ar< thoso
Nir. Rccd-They mnst be wc,l-infor,ncd The
:tatute .says "0f fair character and wc1l-in-
forlncl,h which means That the Jurors must
come from the men OF respectablllty J and cf,arac-
ter III n n;s,cfnn t1,f community: - ,n,,
have ~ q lrlsh Jury brought - here To try this
casea You would get MP, and, tn tho hane spirit
That you approve Ut this, woul.l t'cnol,nce It.
Mr.. Rccd-1 would tlot. lavcn't sail a
word.
soMR o'nR1EHfsMs.
ME. q DFlcn-You llnyell't said word1
Charge Tint 1t Ia packing Tie Iury-ths taking
q Jurors from one natiunaliiy,-one elass. Your
HOnur knows It,
Tho Court-1 don't know anything about It.
A1r. O'brlen-1ook IT tAuin. AIout every u1an
,; Mr. Esea Be- tl,ntsrrupting}-ave1 said anything
Mr.. O'Bsicn-A Irish jury1 We know what
that mc!he. When you said to tho officer, ITO
to tho Wholesale louacs.n VIC know wllat that
nlent,s.
Tic Court-Th!s is sery much out Of order.
Mr.. O'Brltn-TIlc officer fNctson] saya you
spoke TO hin, nhout wholesale houscs.T
Air. Rcctf-l did not. lie came Into my of1lco
md simply said Tint he hal served twenty-fuuF
meu, and he gave mic the list, aud told lin, to
Mr. 0'Brlcn-1lc SAYS You followed lin ont
Of the Court and told lin to 70 downtown and
GET Jury from among the Wholesale l,n,,scs.
Mr.. Reed did not. IL Is a falschood, and
Mr.: o'Drlcn-f cau prove It on him II he de-
MICS It,
Mr., Rccd-Br1ng him In.
=, Tho Conrt-Thcrc Is no question before the
Court. Proceed with the examination OF the
jurors.
The special bailtir vas not brought In, 30 tue
question Of yeracity Was unsettled.
JOHN VAN ARsiAN.
tho tablu beside which tho state'a Attorney was
scaled, md sat down. lle ut once t0uk d part
in the examination Of the jurors and Il calinc
out that ho had been engaged to usslst Mr.
The aatue Old squabblo occurred over tic next
two turymcn. They had formed opinions from
reading tho newspapers, but said they would
discard cyerything except wlat appeared on
the trial that wliae thoy lad rcad would have
no in11snce With them. ..-..
Mr. O'BFlcn read from tho statute regarding
challenges Of jurors, u follows:
proridtd. That Il shall mt be causo of chnl.
tho prisoner s chargu1 II such juror shall e.ltc,
f.a On oat that he ls.isyss he Gun render m mpar
saI!sd ., Juror hns formsd an oipi'i"a iS'i""
u
per statements taboat tho truth Of which he has
expressed no opnion). shall not disquaIfy him to
sssys u'9 r. sh 4 +, 'hs nsa oSh
render a verdict therein, In accoedance With the
1awand ths csidonec, and thu couftsall be satisfied
OF tho truth Of such statement.
Mr.. O'Brlcn-Thts IL
4 ylLLA1Nous STATUTE.
II SHOULD have hcei, called atl net to pack Jury.
Yet there is clause which enables tho Court to
construc 1t reasonably and fairly. It is n phys
tn1t tY,y, fk,tt
physiological i'npossibity tor these iufsrs to
give the defendant fair trial. Both swear that
they have formed opinions us to hts guilt or in
noecncc, TINT they entertain tho opinions now,
testimony, to remove those opinions, and yet eay
they could give him fair and impartial trial.
Tu Findtcate the n1atcaty, dignity, ind Justice Of
t'.e ,sw, w should TO- allow men to 30 n,ur-
dcrcd In q court Uf Inv.
Mr., Van Arman said II what counsel contend.
cd was truc-slat u 1t was true that n unan,
once having an opinion, could not change it,--
the statute was useless. All reasoning, inte1ll-
tho ignorant and beautted, the prcJullccd, none
but incn capable Of being reached and intltl-
enccd by tmpsopcF motives, would be qualified,
Tic Court-Therc is good deal Of difficulty
within my compass that admits Of placing them
III proper proposition to apply rule to; tlpy
have varled 80 Ii, their statements.
;, Mr.. Van ARMADA variauca In terms rather
tlluu In real sense.
Tup ronnr,a or,n,ov
Tho cnurt-Nnx. II i t,1,r mr. n ,un,tc, ~ nv.
neriencc. lint tcrn ara ,n"I, W,s, hnvn nrcs. ~
Sessions, or NAV rut NJ, tmnrcssin G ~ ! ti,fn,,
rlrht or wronlr. n,1tf mnr IL M,mhi, ~ .1isr,''
nrs,inr lat tnnrcss;nn ~ vncn thev " ,1fv uIiu IT,
su"t ms,rr fi nn t1or,i',h lr 5y ,c
SsnEialiv ,xh.n :, H. s,a.t"I F. tisa. tas,a
trt tn y1t n, ,acts ar IT, tfr H. .es.s VI
~ aicr or o,,,. ~ a a'e To9 i vra ~ coas
iijicr"nce fn MN ~ ~ tIis rnsnct ry,x VIZ Sr,
kmn,rs IL Ev u NAM M 1s a t'tt,,a.
sows ,, H. fFS , hany ~ y ~ 1ntsSent ',ai, EST
@ a opnp rnp @ sn is W., ncIn % n!a aaeFss , 10 Il una
s1ng wi vts w EvS H. H. aMe1c afe olets ,3, VITO aro
mlImns IT, T., ~ i,,1 ~ tno eat, Sa,e t,nag WI nc ~.
Goveseu , III 1aaees, " wei ~ IN Jurors; nnt t!le
1uasS occupies nilefeht postum, becinsG ~
,s aea1ias w'th aslsnee' oT what u auppoaed to
ne ss,enEo' annougnlt rs l2s'fg lts e3ist ilInits
yeIy nauel. AMI any one Who u etllcntcd " the
law KnoTa thht In there Is difference Of opinion
anloMg sg aloso VINO arg very co,npetei!t TO 1hves-
LlGate ".I III" uil!io!is' I'aa consequently u
IL 1 n.."as % .ss 49,. ~ .to.A assa uliMoa ~
tIn!l s2 ,E2 .mac 3,ta.ot ~ nt'uaSs pas;
c,,s. sn r. nnit,. n,i,s ti, f Pos'1' 1 ~ ~
G,rt u La. % ~ a"r casa "' t. st H. @ n ~, ~
aa IN a,,y ot1: ~ !nx. ..'1 ~ rtn r. u