The New York herald., 1876-01-14
A Decision Of In tereSt t
to Bankers.
NEW YORK AND CUBAN PARTNERSHIP LAWS.

The court room OF the Supreme Court, Circuit was
as crowded yesterday considerable interest being
manifested in the process OF selecting tho jury try
the Tweed 81 0oo 600 civil suit Judge wcstbrook took
his seat on the Bench at halfpas ten O'Clock.
Aler discussion 10 the settlement Of tho
form Of exception taken by counsel to decision Of
Judge wetbrook overrulng the challenge TO the array
OF struck jurors Mr. George Cabot Ward was called and
examined. He SAID he had formed an opinion; lac
thought Mr. Tweed was guilty; he did not think 1t
his place find what Mr. Tweed was guilty of; ho
knew that Mr.. Tweed had not ship on the beach
at Nantuck but believed that he had done something
with the city and county OF New York; he believed Mr.
Tweed had taken money that did not belong to him
he formed his opinion from the fact that Mr. Tweed
had been found guilty of offence against
the city; he could try this impartally
however, notwithstanding previous impressions.
The witness went 10 testify that II would require
evidence TO his previously formed opinion
he believed that the judgment OF court was concu
sive, and because Mr. Tweed had been declared guilty
under the law, he believed he guilty OF whatever
the law convicted him Of; he thought II would require
evidence his impression guilt although he
believed he could give verdict according TO the tes-
tmony; he didn't know whether he could go into the
jury box with presumption of Mr. Tweeds innocence
rs he knew nothing about the merits OF the
At this stage quite lengthy discussion ensued, as to
whether the juror disqualified, he having said that
It would take considerable effort to remove his inn
preston
Judge westbrook finally decided that Mr. Ward
competent juror. He thought the juror was clear
headed man and capable according 10 his own state.
ment, OF trying the case impartialy.
Mr. Field excepted 10 the ruling OF the Court, and
challenged TO the favor. The juror asked whether
be was indifferent TO the parties He said he was, but
when asked whether he had anything against Mr..
Tweed, or believed anything against him. he said he
city and county Of New York He had formed this i'm
preston from previous suits against Tweed but he had
bias feeling in the present suit because he knew
nothing about the merits of the case.
The witness was accepted as the fourth juror.
The next juror summoned was Mr.. Pelg Hale, who
said ho had formed very decided opinion, and
cused.
AMER recess tho proceedings were resumed
hr Anson g. 7. Stokes, OF the firm OF Phelps, Dodge
4 Co. examined He stated that he now living
on Staten Island, but considered New ork his resi-
dence
Mr. Field submitted that the witness was not liable
tojury duty.
Mr.. Carter concurred and Mr. stokes was allowed to
stand aside until the statute on the subject OF resi-
dence examined.
Mr. George H. Benn, broker, was next examined In
response 10 Mr.. Fied-He had formed opinion that
Twesd had defrauded the city anu held that opinion
still, but lie did not know that Tweedhad committed
any fraud in this case he did not think that other al
legged frauds had anything to do with this
In reply TO Mr. Carter the witness stated that he had
no personal feeling against Tweed.
To Mr. Field formed opinion that Mr.. Tweed
was guilty of dishonesty in regard to certain
tions with :he city; that opinion would remain In
mind until something should occur to change It,
TO Judge Wesibrook-Ifl entered the jury box as a
sworn juror could not dvest myself of feeling 10
Mr. Tweed's dishonesty, but | don't why that
should have any influence upon me, as would give a
verdict according to the evidence.
After some further testimony the question to the
competency OF the witness laid until the
stenographic notes Of his examination were written
out
Mr. Courtlandt Lowry iron merchant was next ex
amined He said he had heard about Tweed and the
frauds which he was alleged 10 have committed; he
had formed only general impression from the state
ments in the newspapers.
To Mr. Carter-My Impression is not such as would
Interfere with my judgment as juror would enter
the jury box believing the defendant innocent until he
proved guilty.
Mr. Fied-Have YOU bias against Mr. Tweed In this
respect that you believe him to be a bad man?
Witnoss--No sir; would like TO the plaintiffs
succeed
To Mr Carter-I desire that the plaintiffs succeed IL
they have justice on their side; have feeling
prejudice against Mr Tweed, and could 90 into the
jury box perfectly indifferent as between the parties.
Mr.. Lowry was accepted as the 9th Juror.
Mr.. Ezra NJ. Kingsley was next called, but asked TO
be excused on the ground that he compelled TO
tend the meeting OF the Board OF Indian Commissioners
He was allowed 10 stand aside
Mr.. Emil Obermann, IN reply 10 Mr. Field said he
had heard Of Mr. Tweed and had formed a general inn
preston relative 10 tho charges preferred against HIM
could enter the jury box as juror and render
partial verdict
Mr.. Ohormann accepted as the sixth Juror
hr. John ". Casweu next called, but was OBJ
jeced 10 by Mr.. Field having been marked exempt
the register The Court reserved decision on this
point and adjourned until halEpast O'Clock this
morning.