The New York herald., 1876-01-13
Challenge to the Array in the One
Million Suit Overruled.
THE QUlPS AND QUlRKS OF THE LAW
Gases Argued on Appeal Before the Supreme
Court General Term.
EX,JUDGE FREEDMAN As A THIRTEENTH JUROR.

strike jury came up yesterday in Supreme Court
Chambers Judge Barrett presiding
Mr.. Dudley Field, behalf OF the defendant argued
in opposition TO the motion that the two defendants
Tweed and the city, identical in interest and
for this reason there might be confusion in striking the
names or the list He contended that. tho old
esors should not be continued If the new jury was
ordered
Messrs Peckham and Carter replied to the argument
Judge Barrett said that he thought the question Of
struck jury res adjudieata, and the plaintiff
entitled TO demand one Judge Barrett, in
rendering his decision, says;-" There is no
substantial difference between the orders pro-
posed, except TO the persons to be ap.
pointed as esors. The previous panel was quashed,
because II mistake the part OF the gentlemen
originally selected No mpuation, however, upon
their good faith has ever been ntmaed and there is
force in the suggestion that the consequences OF their
oversight will induce them TO be additionally careful
Under the circumstances they ought to be espponted
The counsel then proceeded TO the Supreme Court,
CIRCUIT where Judge Wesbrook rendered his decision
in the challenge to the array Of jurors in the Tweed
81, 600 600 suit There was, usual, large attend
ancc
Judge westbrook held that the challenge was not
well taken and overruled the objection the part Of
the defendant
The examination Of jurors was then proceeded with.
Robert Lennox Kennedy was the first juror called,
whereupon long discussion as to the in
which this juror should be sworn, at the end of which
Judge westbrook decided 10 have him sworn and ex-
amined in the usual way. Mr. Kennedy was accord
ngly sworn on the challenge
Mr. Kennedy had heard of the Tweed case; he had
heard that Tweed charged with conspiracy to de-
fraud the CITY, Tan amused smile pcryaded the room
He had formed an opinion; he knew nothing definite
in regard to the six warrants on which this suit is
founded: he had served as one OF the Committee of
Thirteen to examine the accounts of the Comptroller
&c and in that duty had formed very decided opin-
Mr.. John Taylor Johnston President of the New
Jersey Central Railroad, was the next juror examined
He had formed opinion he believed that Tweed
had conspired to deiraud the city In answer to
question proposed by Mr Field Mr. Johnston said that
he would prefer that the people should win. Laugh
teri
The Court here asked Mr. Johnston what he meant
by that Mr. Johnston arose and addressing tho
Court, said he could not stand close examination
The Of different words having five separate mean
ings but he meant that he derived an impression from
what he read, but had no bias way the other.
Judge Westorook reserved his decision on the chal-
lenge 10 the juror.
holding that n juror who had expressed or formed a
decided opinion was not proper juror and therefore
lenge In Tie of Mr. John Taylor Johnston, the
Court suspended judgment until Mr.. Field had dis
Mr. Field submitted that II Mr. Johnston has tried
the once, he was not as competent second time
He would endeavor TO do his duty imparally, vauing
the rights Of personal property But the Court would
not allow him TO sit, nor would he lcounseD desire
he should
taken arbitrator Mr. Johnston had said that he
had formed opinion, but, nevertheless thought he
could give an impartial judgment But the law pro-
nounced otherwise, and until he counsel found some
decision TO the contrary he must content himself with
that objection Mr.. Johnston also said that he had
formed bias against Ar. Tweed, and therefore could
not serve
Mr. Carter replied that it must be shown what kind
Of an opinion Mr.. Johnston had formed Ii must be
absolute definite and settled instead of being hypoihet-
teal and indefinite, in order to dsquaify him from
serving on jury.
MT Field contended that Mr. Johnston had formed
decided opinion, which would debar him from serving
juror in this case. Opinions bad been formed
from the newspapers and he did not believe that there
thousand men on Manhattan Island who, If
asked and told the TRUTH would not say they had
formed a decided opinion in this against the de-
iendant The newspapers daiiy contained comments
upon H. This neither the time nor the place to
speak in reference 10 the newspapers. He had some
thing to say about them, and he would say it at the
proper time. There was no man cared less for news
papers than he They had endeavorcd to intim
date the Court ana counsel In regard 10 this
cause, but he knew they would have in
fuence either upon the counsel or upon the
Court He believed the comments were so much
thrown away and not worth the paper and INK which
had been expended OF them. As 10 the abuse that
heaped upon counsel he utterly dospised II; Il would
have no effect upon them in any way-nelther turning
them 10 the right nor TO the eit He believed It would
not ntmidaio the jurors court, but the opinion
Judge Westbrook SAID he trusted that in the disposition
OF this they would close their and eyes all
outside influence. He conceived that opinion would
dsquafy juror and that bias would disquafy
jury. But the question which this proposition would
u,
secondly, what biasf The word opinion did not
convey to the mind that which the exac, meaning
OF the word lie might understand The word ss mean
ing fixed conclusion which party in upon
given condition or facts and might be otherwise in
terpreted Now Mr. Johnston said he had decided
opinion in regard to this case, and had he rosted her0
ne would be disqualified But he had explained what
that was. He said II was only ON impression he had
formed but that he could enter the jury box and render
impartial verdict He, therefore, considered Mr..
Johnston a competent Juror.
Mr. Johnston accordingly accepted as tho FIRST
Nr c. A. Arnold was next examined and in re.
ponse TO Mr.. Field said he importer; hc had
heard OF William NJ Tweed and had read statements
eardng him and had conversed about him. Witness had
formed decided opinion on the subject; he had no
bias against Mr.. Tweed but be thought he should be
prosecuted in order to carry out the ends OF puoc
justice; he had heard Of Twceds escape, but did not
form any opinion from ha. iset but be thought
rather against him tIaughier)
In response TO Judge Westbrook Mr.. Arnold said
that If he entered the jury box he would be inclined to
hope that his impressions regarding Tweed would be
governed by the evidence.
Mr.. Arnold was excused
hr. william P. Douglass was next examined lie
had heard great deal about W. NJ Tweed and had also
heard great many imputations against his integrity
Mr. Field-YOu have heard he was one Of gang OF
robbers preying upon the public treasury?
Mr Douglass-l have heard Uaughterl
Mr. Feld-Have you formed a decided opinion from
what you have heard and read
Mr. Douglass have formed general opinion, but no
definite opinion, not having made any personal cxami-
nation he did not form any opinion TO the escape Of
Tweed.
To Nr. Cater--I have no knowledge OF a precise
character as TO any Of the charges against Mr. Tweed
have general impression TO the frauds committed
in connection with tho building OF the new Court
House, but have no personal knowledge Of them I do
not know Mr. Tweed nor have ! any persona, feeling
against him; have no desire In the matter except
that Justice should be done
To Judge Wcstbrook-I think could enter the iurv
sox aud render an impartial verdict
Nr Feld-How much evidence would il require 10
Temove the impressions you have formed IN reference
10 Mr. TwcedS
AIR Douslaas--l do not know how 10 measure the
quantity. Qaughterl
Nr field-woud il take a pretty considerable guam.
tityto remove your imprcssionsg
Mr. Douglass-lt would require a certain amount Of
evidence.
Jndgc westbrook-woud you, n selected as Juror,
consider your feelings In the matterg
Mr. Douglass would endcayOr 10 banish from my
mind all feelings and impressions and Gnd verdict
simply according 10 the evidence adduced the trial.