The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-09-12
VOL. XLvI.-- NO. y.
B\LLST0N'S MURDER TRIAL.
THE JTRr BOx RULED AND THE CASE
OPENED BY the PROSEtJIION

p,.,rict Attorney Orm.by Describing Br.
unu.'s supposed Movements on the Night OF
the Murder-The Prosecution Object to
Placing the jury In Charge of the sheriff.
BArr.sroN Sept. 1.-THE farmers in Ball
s,on were nstir before sunrise. Knots OF them
gathered on the streets fronting the hotels. and
discussed tho situation. Anticipating warm
weather the sheriff ripped of the cleats Of the
window frames. and took out the windows
Court was called at precisely o'clock. The
room was not uncomtortably full. Mr.. Billings
sauntorcd in straw hat in hand. and threaded
his way among the seated farmers His white
waistcoat was unbuttoned. There was a watch
full look in his bright eyes His hair and beard
wero carefully brushed, and tho broad black
watch guard resting on his open waistcoat gave
him cool appearance. He bowed to friend
as he entered tho bar. and shook hands with
his counsel Turning to one Of them hep pointed
10 a despatch in Tuesdays HerdH that seemed
10 have excited his Indignation. Mr. Lamoreaux
took tho paper and Mr.. Billings sat down
slowly, and began to read the Albany Argus.
Six seats In the jury box were empty The
Clerk drew name from tho little box at his
table and called John W. Nelson. a Saratoga
farmer. Mr. Billings read his newspaper in
tently while Mr.. Nelson was under examna-
ton. but became interested in the farmer when
he heard him say that his opinion in regard to
the murder had been changed 10y the looks of
the prisoner. After long examination. the
farmer concluded that his verdict would not bc
Influenced by the looks. and was sent into tho
box.
There was little breeze when James A. vii
son n farmer living within thirty rods Of Mr..
Billings house. was called. 1t turned out that
he was n witness. and Mr.. Moak. Of the prosecu
tion. called attention to the fact Just to show the
Court how the thing was running. Gen. Hughes
arose and wanted TO know what WIS meant by
such an insnuntion. Mr. Moak made no reply.
and the General declared that he had never
seen thu man before. and did not know he was
awltncss. Tho farmer took four dollars from
the Clerk and retired. Cornelius Nsschcr. who
had brother in the jury box. was accepted :;
but both were aiterward peremptorily chal-
lenged ny the prisoner.
Much amusement was crentcd by the examl-
nation Of John Mcneil. an honcst-faced farmer
who declared that he had formed no opinion
from what he had heard. Tut only Ills got u
hide" When asked If he WIS related to Mr.
cousin to 1lr. Billings sisters husband and
that was the highest ne could gct 70 IT, Hewcnt
into the box hut was aitrrwarl pitched out 10y a
perenlytory challcnge from the prosecution.
Ella liirr farmer, was the n"M name drawn.
The prosecution questioned him closely as To- u
conversation he had with Officer Allen. Wiz
summoned him. He SAT- that Allen told him
y.
r TnS sdi bstre f H Horn s orm.by and n
s SiGh TSs Hsn M Ma1 SGrfv a1l h. YAK s
failed to recognize him, whercupon Mr.. Ornisiy
apologizei. Mir WILDER wen, ,h'o the box hut
was alterward perelnptorl!y challenged 10y tne
David 0yl,te. a bullying -hrowed farmer from
the Adirondack region, said be had Rad
nothing but Greenback paper. and WIS some
what astonlshrd ut not seeinl. anything about
the murder. Ovitte went into the box with "A
second Adirondacker. named Lyon. and both
had Just got comfortably seated when they wore
prisoner. '''e ~
The Jury box was fllled ten times and partly
emEiea by pgrGmp,Sry eharnG Sry There %aS
trouble was to keep them. \ man who Lad en-
ployel the District Attorney n LAWYER was a.
from the jury brother to ill., Sheriff ana M
V jShn Rat3a an 81" name Was called H. took
the stand and got into a hornets most The
yr22ssrcuton asked hin Whether he had Waited
hea. AMI that he had never .eyn the priso ncr
swored Mr. kuthan. How did you come 20 70
there. thcnf' Mr.. Pike asked. He didn't know
saPp2S;od i TGs out of car2lsiy BiG you you
sbS e S4 gu E2 ana Sng y2p 9S "SB
that his niemory was defective. Did you not"
continued Mr.. PIKE aiter you We're summon
ed rs Juror. tax with Mr.. Rockwell OF HAT
Icy, and tcl! him you had a, chance 10 make
.lOoQY Mr.. K9than could not remembrr
Gen. Hughes, for The prisoner. then questioned
MN 81 closely that ne remymbertd mat 10
never approached Grand Juror Will view
Pike took hold q Kathan again, and was about
T. shake something out Of him. when tho Court
interlsred, and Mr.. Nathan went 10 inc CASH
ieTs desk with breath OF relief, .o,,...,
There were irsanent consH,hIpi0 Urn OF counsel
active part in the consultations Of his lawyers
and retired with them several times. DR.. Bill