The New York herald., 1876-01-15
THE COURTS.
The Struggle to Get a Jury in the
Tweed One Million Suit.
LIGHTS AND SHADOWS OF The JURY SYSTEM.
A Full Jury Selected but Two Of Them
PeremptOrily Challenged.

There was usual large attendance in the Of
the Supreme Court Circuit yesterday and the efforts
to secure jury in the Tweed 81 OO0 900 suit
tnued with unabated earnestness
Judge Wcstbrook, taking his seat, promptly
gave his decision to the eligibility OF certain
jurors In the OF Mr.. Anson G. p. Stokes of
the firm OF Phelps Dodge 4 Co. Judge Westbrook said
that he had come to the conclusion that Mr. Stokes
nota resident OF New York, but OF New Brighton
and therefore was liable TO serve as a juror. His
Honor SAID that the question OF residence is very much
matter of intent but tho intent must be accompanied
by which would show IT, As to Mr. Benn
who challenged TO the favor, the Court desired
some time to read the testimony. Mr.. CaswcI is held
10 be a competent juror unless he claims his
cmption having disposed of these little matters
the latter named gentleman (Mr. CaswelD took the
stand and was examined by Mr.. Dudley Field. He
said he had formed impression, but could divert him
self of all prejudice and feeling and try the i'm
partially
Mr. Carter contended that the juror than
ordinarily free from prejudice feeling. The main
fact that he would mako an effort divest himself OF
the impressions he had formed, nothing against
his eligibility Juror.
Mr. Dudley Field made brief reoinder. denying the
power Of juror TO do tha. very thing Counsel then
went to say that the juror did not claim his
emption II must be either through love and Affection
for Tweed or for the people.
Judge wcstbrook decided that as the juror has an
ther occupation besides that OF teacher, he not
exempt
Alter lengthy and somewhat metaphysical ex-
animation the gentleman was finally accepted as the
seventh juror.
person called He had formed an impression, but did
not think had rpcned into opinion He was asked
to define the difference between 'opinion" and
impression" His definition evidently satisfac-
tory, for he was finally accepted as tho eighth juror
Abner W. Colgate was next called. He said no lived
at No. 80 East Thirty street. and his place of
business at No 257 Pearl He had heard all
about Tweed from the trial OF the criminal suits up
the present time, and had heard OF the defend
ants escape He had attended public meetings called
together for the purpose of expressing indignation at
the supposed frauds, and also to form committees
the attendance at these meetings that Mr. Tweed had
delrauded the city,
elictng from the juror the fact that he had formed
decided opinion, he was finally declared incompetent
Mr.. Francis B. Thurber resided in West Twelfth
street. and did business wholesale grocer the
corner oil Chambers street ana west Broadway. he
would be willing to have arbitrator try case for
him whose nina was in the same condition that his
This considered satisfactory and he was
cepted MS the ninth juror
After recess Mr.. Charles Collins was examined and
testified he had heard Of the charges against Tweed
and had formed general impression in regard 10 them
He drew distinction between impression, which,
he said, was involuntary. and settled opinion. Ho
had prejudice feeling against the defendant and
was declared competent Juror
Mr. Arthur !. Peabody gave somewhat similar tcsti-
timony and was accordingly selected as the eleventh
Mr. Joseph s. Lowery next examined. He said
that he had repeatedly read about Tweeds connection
with the frauds committed against the city treasury
and had formed an opinion that he guilty. Amer
considerable discussion Mr. Lowcry was discharged
Mr.. Levi p. Morton, No sos Fifth avenue, was tho
next called and finally excused from serving
the jury.
Mr.. julius W. Catlin, OF No. 44s Broadway, was next
examined He acknowledged that he had decided inn
preston that Tweed guilty; STILL as far any man
could do it, ho would set aside that impression ifin
the jury box, and decide regardless OF it.
rheC nd he ms
tho twelfth juror
Mr.. Field then peremptorily challenged Messrs
Thurber and Capot Ward, which left but ten.
The only remaining juror was Mr. Benn, about whose
liability there some question, and the Court de
cided him. The panel was then exhausted.
"Just what / predicted said Mr Field; ''you got
twelve out the twenty four Now there but ten
and the whole thing drops.
hr. Pcckham said he would apply for taesmen 10
complete the jury.
Mr. Field disputed the power of the Court TO do any
thing the matter, and contcndcd that all that could
be done, if the Court had any power was TO summon
Jurors through the Sheriff.
The point held until Monday.