Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-03-21
The TREASURY ROBBERY.
Trial Of W III Otfman.

DfOIeIIy KNOWING IL 10 nave been
10 have been embezzled, was con- :inS ~
the Criminal Court, Judge o. S s,ns LII III
TTsPOrt sl0sed District Ate nsy Wells and
mept, and Hon. Matt "a Tor tne govern
Cook. r. T. Merri" IA Sa 10 E,,, W a.,
- FOR JUROR BECAUSE OF
The TIE RPIZooTIC.
tve election Of Jurors from the twenty
taiesmen summoned by the marshal
- continued: r. A. Schneider was called
and Mr.. Merrick asked-"Mr Schneider.
have you read Of. MT. s.-"I wodld like
ospeak to the court first. Your honor, am
sick" The Court-'What is the matter?''
aches too" Mr.. Merrick.-HIs ii the cpl
zootic? lfthat's 1t know you cannot set as
juror for have had IL and know what IL
Is" Answer-"I don't know what il is but
my head is moving up and down" Mr.. Mer-
IsSis.. ought to move aside" The Court.
Waiter Alexander had formeI an apinion.
George j johnson was on jury two years
ago, and had formed an opinion.
AN UNHEALTHY COURT ROOM.
SeatOn Perry was called ami plead O bad
cold, and could not sit in this court room.
NJ Carpenter.-"The court should apprc-
eiste that remark" The Court-"He had
only last term when juror died aud we
were char ed with killing him." The Court.
Were yon guilty." QaughierJ
George wilmer had been on 81 Jury within
two years. John Markriter had formed an
opinion which it would take decided evil
Gence TO remove.
MANUFACTURING PUBLIC OPINION
District Attorney Wells said that he hal
heard one of the counsel suggesting answers
to the jurors. Mr. Merrick denied that be
had done so. Mr. Carpenter remarked that
IL has been susr ected that of late the govern
ment have put people TO work extracting
confessions from persons in Greer to manu-
facture public opinion. The District Attor-
ney replied that he did not believe that there
was such an opinion. Judge Olin.-"If there
is such an opinion we snail see it in the
newspapers"
John j. Peabody was accepted and sworn
James w. Barker said that he had read the
charge OF the court in the Halleck case, but
formed no opinion on the case. Laughter
Challenged by defence. Jesse b. Wilson
called. Question by Mr.. Merrick.-When
were yOu last summoned as juror? Ans
About Y O'Clock to-day. (Laughter.J Had
served on the last (OctOber) term of the
court. Joseph Redfern had formed a decided
opinion. w. III. Dempsey had formed a de-
cided opinion. John Keyworth was chal~
leneed by the government for cause. Geo.
q. Cornwall had formed a decided opinion,
TO remove which evidence would be re
quired: This closed the lot, and the Conrt
ordered twenty-five more talesmen to be
summoned.
Third Day.
The court met at 10 o'clock this MOI ding,
when Judge DIN took his seat, and the
Jurors who were selected yesterday appeared
In their seats, as follows: Henry Naylor, J.
Lucas. John B. Hammond, Edw,d p. WeJeb
and John j. Peabody.
District Attorney Wells proposed that Mr.
Kennedy, who was set aside temporarily
yesterday, be called again.
PLAYING SECOND FIDDLE.
Mr.. Cook suggested that the court wait
until Messrs. Merrick and Carpenter came
in, remarking that he Cook had come into
the case Observation-Disclosures. Merrick and
Elliot being the original counsel.
MIR. Wilson (sOttO voice. You are play
ing second fiddle, then"
Mr. Cook play either second fiddle or
nrst nddle according TO the dictates of JUS
tice, and will make the best music possible
on either instrument" Laughter
Mr.. Elliot asked that messenger be sent
for Messrs. Merrick and Carpenter, but in
few minutes thereafter Mr.. Merrick ap-
peared, and il was announced that Mr.. Car
PEI ter would not be in court this forenoon.
Mr.. j. w. Kennedy was recalled, and his
answers given yesterday were read by the
tOTney claimed that Kennedy was compe-
tent juror.
The defence objected, and asked the court
II lie desired 10 hear argument on the ques-
The Court.-I don't know; do not care
about whole year being consumed ia the
Mr. Cook said that they desired only that
an impartial jury be selected, and read from
Bishops Criminal Procedure (II Edition)
Section sos; that 1t was imlaterial as TO
where the Jurors come from IL he has belief
before be hears what should be the ground OF
be eff he is disqualified; and he read on this
thslefore submitted that Mr.. X. was incom-
peteDt as juror as he says he has bias in
his mind to day which will take evidence to
displace. Under the constitution they are
entitled To an Impartial Jury, one who Will
go in the box with minds as 1t were like
blank paper, without any impression as TO
the guilt or innocence OF the accTsed.
MI Wilson replied and said that they
should get at the correct rule before pro-
ceeding further. He referred to Chief JUS
tice fancy In /. Brightley 9 decisions, page
deciding a Il in
competent because he has formed an opinion
from reading the newspapers or from what
dice which will prevent him doing the pris-
oner justice according TO the evidence.
Mr.. Merrick expressed doubt If Chief
Justice Taney ever so decided.
Mr.. Wilson proceeded TO read from Chief
Justice Marshall in Burr's trial on the same
subject, as also other authorities, claiming
states Of the union and was also the rule OF
common sense, which Is better than all law.
INDIANA LAW.
Mr.. Wilson read from number OF Indiana
authorities. In one OF the authorities cited
(33d lDdiana) IL is stated that If man who
reads and forms an opinion from newspaper
accounts was 10 be debarred from sitting on
jury that in these days when newspaper
enterprise hastens TO give the public the de-
tails OF events intelligent men would have
10 give way to the ignorant. Mr.. Wilson
continued at great length on this point, cit
ing that to make juror incompetent II must
be shown that he has ga fixed settled opin-
as 10 the CUNT OF tDe prisoner. IL would
be mODstrOus In this enlightened day to say
that man who reads the newspapers is not
competent juror.
Mr. Merrick rose TO reply when
Judge DIN said that he thought that
enough tine had been consumed on this
question, and he thought he would take the
responsibility of ending IL.
Mr.. Merrick desired 10 submit only point
or two.
Judge OIin.-Well, go on, / will hear you.
Mr.. Merrick remarked that yesterday he
bad taken fresh cold and would not now
be in court If Mr.. Carpenters engagements
would permit him co. TO be present. The
learned gentleman (Mr. WILSON, had read
from a number of authorities of Indiana
al a we were Indebted to that state for send
ing us such valuable learned member of
the bar here, but they would prefer that he
should come here and learn our practice and
leave his Indiana law behind, for IL was we'll
know TO the profession that Indiana is an
exception TO other states on this subject, aud
the rulings are not uniform as could be
shown. He read from some of the Indiana
authorities on this subject. The defence had
the right TO demand q jury free from such
Impressions as were made by the pub Ica-
uons of confessions ard the reports.
Judge Olin said be saw no reason for decid-
ing that the juror was not q competent one
for no fOr1 cd mr. INF n a ron n