The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-25
THE COURTS.
Trial of Michael Tobin, the West
Point Soldier.
ORDERS OF ARREST.
Bewildercd Picnickcrs Who Fell Into the
Fourth Avenue Excavation.

The trial Of Micnael robiu for the murder Of Peter
Albcrs, at West Point tho 20h February last was
commenced IN the United States Circuit Court, yes
terday, before Judge Benedict and jury. Tobn, 1t
win DO remembered charged that Aibers intimate
with his wife. Alter hts The charge OF mur-
der an inqurendo dc iunatco had which resulted
In decision adverse TO tho CLAIM OF MS IT.
responsibility. Tho court room presented 4
picturesque signt yesterday, for here
there throughout the audience appeared SOL
diers from the West Point barracks, whose dark
blue uniforms oonlrasted we'll with the light summer
raiment OF the lawyers and others seated within the
bar. Two solitary women. whose identity could not
be established, sat In all day ana watched the
proceedings with interest The wife OF the prisoner,
whose conduct 1t is claimed caused his trouble was
not present. When the court adjourned little
lad ran from the crowd and stole through she gate
81 the bar wnero Tobin standing. The bright
Dyed littc fellow lives at Highland Falls, and mas been
through which he has Tho obtaining OF jury
occupied the greater part OF the day. Au ncldent
peculiar nature, the moro as this is the tra tor
capital offence oil man VINO served through the
late war oi tue rebellion, was the calling OF agene
nan named H. u. DAVIS, ex-ofncer in the Con-
iedorate army and his eeng requested to step aside
when his service against The Union was discovered.
He would have been eligible a juror II he had
taken the iroa-cad oath, but The question
asked aud he wac excused. A jury hnaliy OBJ
famed as IoIlows:-Frank e. Beau, George +. Leg
Eett, Frank O Rusnton, Charles }. Rose, James b.
Rorer RUFUS N. Brundige, Townsend Under niII,
franklin Edison, G. De p. Field, Henry b. Montague,
Joseph Purke and Warren Gardner Before the
panel called the following quaint o.
nce was read ~ the prisoner, who seemed a
hltlo dazed while the reading was in progress
'These good men that you shall now hear called
those that are 10 pass between you and your country
upon tho indictment upon winch you have been
srragned. H. therefore, you Will challenge them, or
any oil Thorn. you must challenge them as they come
TO the book TO be sworn ana before they are sworn,
ana you shall De heard" The reading The pris
oner bowed IN military style ana took seat behind
his counsel, ex-United States District Attorney Eos
ter When the jury mad been sworn IN District At
torney Fiero opened the tor tho government ana
Corporal II. l.. Ripley was called TO the stand He
testified that The 24tn OF February last Tom
came into the squad room, which he was standing,
and shortly atterward heard the report OF pi5tol
turning around, MS back being turned when the
was hred. he saw r0pin aiming ut Albers. map Of
The room WAS produced And tee witness explained
the positions Of tue parties at the time OF the shoot
ing Witness identified The pistol which he took from
T0bn on that morning whom tue same was cxhiDiteu
by the District Attorney William 9. Wood, pr-
vate, who was standing near the previous witness
The trial VIII be continued this morning