, 1877-10-02
THE RlNGS'rENS.
And the Court Ia Still Engaged In Nus
tcring In Jury.
0nlv Ton Good and True Elem Secured
So Far.
which L. Ono Loss thnn They Had
Saturday Night,

]ast evening there wcro not rs many mcta III tho
hox IS on Saturday. Owing to Monday hing
tl,e ertt day Of the October term, TN l,oslr and
half was given up to luattcrs incident 10 huch
all occason,-calltnu the Grand and petit iur'ca,
hearing excuses, etc.,-nnu II MAS not until
haIf-I,ast IL o'clock tllnt thu pending caso was
reached. AZ the opening OF the court there
. vos very largo attendance, owing 10 the fact
that the cascs IN the 9uasi-cr1mlnal docket nrc
ordinarily taken UP ut tho beginning OF term;
hut, tho hearing OF them being impossible TIM
der the ctrcum.tsnces, they went ovef until
1aI. iul aSout 100 remained seated, md
kent the bel,ct,es during the tiay, listening to
tsaiqs s1?tSs C.rSy q Jurors on.u A tho
sTcetxer, and Carpcntcr-wcrc there, attentive
io,kyrs. on, and they he'll frequent consultations
With their counsel rs 10 whether th's OF TINT
WHO WHO Arc s TO decide their guilt Of Innocence
Tpr1olnt was also present. and hal sent In Tho
ms,lllc of tho aws scrs, aud, from III. interest,
oDe unauqunintctl with him woul1l have inlag-
iDcl ts.st tn was the tcRdtng attorney for tlle
iefeuse. ti Ai.hrrsl, not on trlnl, If. ease &c.
wherein his alleged partncrs In The conspiracraro
dcieutants. WV. Vlrfen did ali the qnes.
Mr, Sidney Smith were active, yet IN u silent
way. Grr. X. W. Smith kept auict from morn
fnr until night. lie, however, will tiOubtlcsabe
heard from wien ti,c taik!ny co.nnlcnces. Nr:
Krctl was assent. As s>on ns Judge Farwcll
sa]l "fio nt.cad, gentlemen"
lii. Storrs arosc a1,d stated that he desired to
s,blnit tho question as to the right Of the prns-
ecu,ion, after having aeceptrd Juror. aMi be-
10 exercise the
nlatlr or rFngMrToHY CHALLENGE.
Tho practiSe WAS settled IL favor 81 st'c right.
In the Sullivan case 1t was exercised on both
hmm NM pur8 $tfnp R{Nu Tn f1,p
Tweed case tl3th Abbot's Practice Iseports, new
teries, pago nil) Il was, held tint the
cAaI!cnge .uiRet he allowed lit the
Without dlsclosng tllr mime Of the Juror u tic
particular ground 0f objection, he tacslrcd 10
say, With reference To otlc Of thu Jurors inpan.
clcl, ncccptel, and sworn, TINT the people lad
>, received sntosu.attt.n ainco ho had b:ru hu-
psneic,l, accepted, and sworn, from great va
f1cty Ut sources. Information which left nD loubt
in their minds that be was IN unit and itnuropcr
person 10 sit upon the iral. With reference, to
one or two others they had also received infor~
nation, not 70 alitlluntlc+
After n consultation among tho counsel for
tho defense. Sir. SWEET said thcy had no doubt
Of the power Of tho Court up to the time tho
Jury was irnpaneled, to allow challenges upon
ptuper cnuse shown. Dnt lie thought the d.
{rnsc sluull kuoH what the fuets were, In or,ler
Tint they might deny them, or ilo what they
slr. Smith remarked tl,at any other ru]o would
lead " procrastlnatton, 11edenetI that the Court
had powes u allow the challe.lvs without any
reason being given.
covered The whplo ground, a,iA she matter lsenee
bccainc discretionary with tho Court. In tla
Tweed ease tho Information Waa communicated
,rtiyntcly to tho Court. The dcfensu had tho
eaI.u privilege. While tho exercise OF the right
might protract tho TRIAL, tho Inconvenience
arising thcreirom WAS very snall IN comparison
with the general result Of getting satisfactory
juEy. -, A.. A., ...o,,.nu ,,,.,
selyea information wicl! nlade them us.easy,--
1earfui,-nnli, uctInE upon that fear, desired tho
Court to exercise Its discretion IN tl,cr favor,
lie would ullow the challenge % u q sluglu
htxtc'a-Attorncy Mills then excused Angus
3lcGowan, II baker, who lives vi West Lake
street. lie la undc cratool to bo warm friend
ot rertolat. audi when C'em rs.n for Alderman
ol tie Eleventh Ward, to have been llis right
bower In the campaign.
Mr.. sMIrlt EXCEPTED
to tho ruling on the ground that no ShowtnE
hal been Hade In court, by affidavit Or uthcr.
wtsc, Us Au excuse Or rcason why counse3 should
cl,oIenEp O juror utter he isad becn accepted
md sHurn GY tho people, and that without
such showing, which tho the 4lpfenso had right
to, and to answer, tho power could not be cxer-
Mr. Swctt alldeu that, under tho laws VI the
State All trials wero public, and MI proceedings
III uil trials wcre public, anu they denied tho
right to carry into d trfal private Information
altl Hlaku 1t il pnrt IF the trial.
The rejection Of aicliowan male two vacan-
Hes III the panel, only eleven having been ac-
ceptcl up TO Saturday aud ten remaining when
hc was excused. Thc work Of getting two 1nore
gcniEe Of twenty-five Ind ttCn returned, hut
lbout ouc-half OF them were permitted to Bo
,0n,c On account OF presentation vi sufficient
rasuns for not serving. The others wcre cx.
.1nlucd IA to their lticss md the dozen yielded
,nly Que vhp WIS apparently satislActoEy 10
sutl, slrs, tho remainder being dls1nisseA, gen
'snlly becauso they had formed opltons which It
would require evidence to rcluore. Tho Bpocla!
panel being exhausted, thc regular panel of
Jurors, summoned for tho Octuber tern. WIN
uscd In order 70 save time, thu defense n'akng
no ob3cctton. Tlls. however, Old not sonlalt
ono man who was acceptable to tho partiea
Ttcrrlore another special ventr1 for twenty-five
was Issued, returnablc ut O'Clock.
Upon tho opening of court In thu utter
Mr. swctt rot up and smillngly told his llono'
that tue defense lla&l received son,c Information
Ieganltng two OF the sworn turync', etlnilar tu
that which Ind cou'c to tho ears of tho ttosccti,
tion, ard hence desired to exercise thu right o
peEetptorY challenge IN their cases.
state's Attnrney Mills remarked that tho cx
esei;e i; q the right was purely In 'e discretion
Mi. svett said he wished 1t understood thu
Thy defense dti not wu!ye my rights they ,wer'
entitled to sn the premises. liz did nut know
the names ot tue two Jurors. lsnl'ics:l
ea.e sssa sss o,es to fs9lat Wlp.s sa
SAS3e ~ NsehSy 4tHlku AtN Wv W. ~ Ui|sut uNI
then said Sfr. bccbe aud Mr. Moore weEu th'
Iuen.
These two wcre tho bcht looking, cicancst
aud really
TIE ONLY lNTKLLl0ENT MEN
M she box. Their rejection lett niue, or rathc
eight, since oi,p ot those remaining, lhougl
Passcd upon BY ths prosecution, was sti! 1,a,Is:
!ae 50 ~ ~ ms 1ctenss was concerned, A
turned over to Ar. O'DrieM full rauej. Uu
William ". soon sens two home, aid called IL
m0rc.
Mr. Storrs ioslstcd that the -four " shout
oil be PASSED upon, a,ll asked for tho ruling q
Court OF the punt.
therefore tic defense accepted John 8, Di,
GIL, Acoal-lca!cs, who lives in Lake View, VI,
+. W. Dsissojl. plumber, OF No. US Shurtlc
avenue. Tho Inter was the one who had 4s4;
held IN abeyaucu for 10 long.
When adjournment time arrived, tho thit
special panel ha.i bccn used up, 70 another L
twenty-five nuru was issued, aud suey wi
make their appearance this morning.
w fur tbs prosecution 4ayn challenged fost
four pcremptorily and the defense scrcutecl
Aeavntt thu fort HfYfrEn n1hi thD l1tfrf