The New York herald., 1877-02-28
COBURN At THE BAR
A Complete Jury Obtained
Yesterday.
EFFORTS TO POSTPONE.
Contradictory Certificates OF Medical
Gentlemen.

.,ry n the exclusion OF tho sancy their friends
~rbo assembled In some force In the halls and corridors
Of the Co ur House. hoping catch stray echoes OF Joe
Coburn's trial for assau'ting, with intent to XIII Two
police officers The prisoner had been brought to court
earlv 10 avoid the crowd that usually attended hn
from tho Tombs TO tho court room. The coupe ordi-
uarly used was dispensed with yesterday and Co.
burn was brought down in the prison van.
rho audience was n remarkably orderly one,
apparently wholly unmoved by the coming event when
Judge Sutherland entered and the crier opened
court First the jurors were called, panel oi ioo
more than the ordinary term having been sum-
moned, and when they had answered some minor mat
,ers occupied the attention Of the Court and prosecut-
Ing officers for about half hour. Mr.. Rollins, AS
sistant District Attorney, appeared to prosecute.
Meantime tho pugilistic defendant remained In the
rear OF the court room near the prisoners box
When lulI occurred within the bar Mr. Chapman,
Of counsel for Coburn asked few hours grace Mr..
Brooke his senior the defence, was engaged in an
other case Mr. Spencer also OF counsel, seconded tho
application.
Judge Sutherland said--''ob my dear sir, can't
wait so long The proceed with the counsel
present until Mr.. Brcokc's arrival"
Then Mr. Curtis, also Of counsel for defendant, arose
and applied for postponement of the trial wholly
different grounds He had with him certificates from
physicians of cmnenoe which he thought it proper
to base an application for further time These ccrti-
6cates showed that Coburns injuries OF such
nature that 1t would DO Of exceeding peril 10
call him to trial indictments, convictions under
which would subject him TO terms oil imprisonment
long enough occupy tho remaining years Of his e
This trial which 1t would be necessary for
tho defendant to testify in his own behalf, and this
was matter OF no little consequence in view Of the
fact that his examination must be Conducted before
zone of the greatest legal swcrdsmen IN the profess
vonal arena" Mr.. Curtis then read the following
THE pucL,srs MENTAL vrcoR.
hereby certify that examined to-day Mr. Joseph Co.
burn with The view Of the nature and extent
the right shoulder and chest Of two scalp wounds
Ss % Is recovering rapidly could Be sspsc,ed but
bs natural physical and mental vigor which
paired by the above me ntonea causes. am unable to
s osa or on s pon cane
be arrived at from single ex amin nation , :, -
1oo0eur JAMES L 4 4. SHSpS Wo5S. Il: H. B.
PLYING HIaH
After reading this certificate counsel amazed the
Judge and astounded the audience by saying, "ihe
greatest OF poets has put into the mouth OF his grand
est conception Canst thou not min ster TO mind uis
eased?" Then he wadcd through mist OF tangled
words in an effort TO apply TO the pues's conaitioh
the words OF ''the greatest OF poets" Alter this
sad intelligence that Mrs Coburn, the mother OF The
accused had died IN lunatic asylum. Counsel dd
not insist tnat "the physical Apollo Bev'derc, be-
fore his INJURIES afflicted similarly, but II put ON
trial his injuries ana the taint IN his blood NAV
develop insanity. Following is the certificate al
coBuRSs MOTHERS INSANITY.
NEw YORK. Feb. 26, 1871
hereby certify that about hye years ago treated Mrs
Bridget h %Gss Sc Dr. henry e esrs
had her committed to the Lunne Asylum Backwens
ss. sna .na 70 se,en shs bess %hAhs
Now, this physical Apollo Bcvidere,' ''mangled
and bleeding" counsel said, stood mutely appealing
with folded hands to His Honor Tor mercy ANA his
appeal, as 1t passed through counseps lps took the
form OF application for posponement OF the trlal
for some three weeks longer 10 give Mr. OoDurn TINE
TO build up his physical aud mental condition Judge
Sutherland, In considering thus application, counsel
urged should rice above public prejudice and popular
clamor His Honor then Informed by counsel that
seat OF justice rested enthroned above the Clouds
and the influences OF prejudice should not rise to
the great height where "Hs Honor sits sereneiy."
One OF the compla nants, counsel said had dubbed
other and ID now out and untried, while the un-
prisoner has been shut since his arrest in
that "Pandcmonum OF earth, the city prison, where
such supposed to be uttered by the lost are
heard"
Mr. Rollins was opposed any delay. He did not
thnk the prisoners condition was such as to prevent
him from properly advising with the Electoral Com
MISSION, VINO constituted the counsel for the defence
Was pretended that Mr. Coburn was suffering from
religious mania? II so, cmpancl jury 10 inquire
into that question The certificates read
such to induce the Court TO grant any further
delay.
Judge Sutherland concurred In this view, support
OF which, moreover, the following certificate was read
by Mr.. Rollins
coBUns NOT INSANE
NEW YORK ASYLUM @ FOR & THE M iNsASE S1l
Hon. b. X PnrLps District Attorney =
SRI have the honor to report that in pursnanee
and by their order have "as % m an 81 osspn
a Condition IL na be
the head healing rapidly and there is no evidence OF
s.Ssr sy S1nss mental G affecting
in the present Of the prisoner physical
capable OF preventing the exercise OF his ordinary Judgment
sonaus saa seEEenss a Es s n the cboNALD
Medical superintendent New York City Asylum
hnpt hafvy In of
the points dwelt upon the Judge again asserted
his determination TO deny dciendants application and
MIR. Rollins called Joseph Coburn to The bar All
eyes turned toward the of the prisoners box
as this order went Orth, and the tall iorm OF the
wounded boxer moved through the throngcd passage.
with u whitc handkerchief tied like II turuan on his
head His sallow lace and bushy mustache gave him
something OF the appearance OF an Arab He seemed 10
have improved however, since IS prev Gus appearance
court Clustering beside him AS he arrived at the
bar were some lew Of ms own S Near hm were ERE
side The bar Captain Williams sat ready to ''instruct"
the prosecution.
sELEcrISG A JURY
Presently commenced the work of selecting
Jury, task which occupied the entire day. There
were the usual challenges for principal and to
Tho favor and examinations OF great length and
scope -ued upon each. Many OF the questions pro-
pounded were rather puzzling the average
and In consequence contradictory and often absurd,
answers were made. For instance Juror would say
he had neither an Impression nor an opinion as 10 the
guilt OF the accused and iurther In tho
examination he would say no had read the newspaper
reports OF Coburn's attack the officers ana believed
them to be true THIS was about equivalent To
saying, eyes, ! heard he snot two officers. but
! don't think that's at all wrong" and, indeed,
one juror actually answered substantially In these
words III the course OF "A long, winding examination,
but did not OF course, mean to understood lie
bad been caoled into this Of words by counsel,
but when permitted to explain, merely said he did
not think the Impression formed was such as would
prevent him from deciding imparally ON the evidence
to be adduccd respecting The prisoners gut or inno-
Tho form III when the question was
put very often determined the answer.
aud frequently the Judge obliged 10
upon Jurors com petencc. About four o'clock how
ever twelve competent jurors were In the box, exam
tncd and accepted 10y both sides, though the defence
had entered exec pi ons nciaenta rulings
the admission or exclusion OF questions
ing the examination under the challenges When
these twelve had been sworn the Judge advised them
10 speak TO no about the case nor even TO each
other for the present. and then ordered the Court adj
iourn until This morning CvDurn returned to
-. lha Ting manning The