The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-07-16

unpftJUu1cId
Twenty three persons then examined IN sue
cession without counsel being able to lind single
competent juror. Twelve OF these had formed opln-
ions about the and were excused on that ground
Simeon j. Swami had objections to capital PUNISH a.
ment Lewis Frankenstein ''nevt- had an opinion
and was peremptorily challenged. Thomas u. Kirk
aud Adolph Opper objected to capital punishment.
Theodore b. Mead. printer. had an opinion that
could be easily discarded. He was discarded per-
emptorily. Then came four in succession who OBJ
jected to the death penalty and fastened smiling.
out Of court. Two other peremptory challenges
we're given, and the panel was almost exh austed.
and also the patience of counsel both Sides re-
was taken until half-past two. $3.50,
At quarter of two O'Clock p. M there being still
about thirty jurors to examine and ono seat In the
jury box being vacant. recess Of fortydve minutes
was taken.
After recess the tedious repetition of examinations
was begun again. The first called was put
through the usual questions. and. when in reply to
Mr.. Phelps he said that he believed what he read IN
Phelps saying that wouldn't do for jury man II
he believed what the newspapers SAID.
EXCUSED.
Charles varran was next called. He was in the
Mr.. Phelps (sotto vocet-A good business for to-
:Have you formed any opinion in the case?'
asked Mr.. Howe.
II think may safely say have. air. =" was the
answer.
.Is it decided one?"
81 think may safely say 1t is decided one"
"And think may safely ask the Judge to e1-
cuse YOU" reoined counsel
william Finnell, shirt dealer. had read none Of
DelOre
jury and was entirely unprejudiced. peremp-
tory challenge sent him oil.
Three others had formed opinions. and one, John
c. Anderson, had CONSCIENTIOUS scruples against
capital punishment.
Sehomiah Kohl. cigar maker. had an opinion,
but said he would divest himself Of it the moment
he entered the jury box. He was Immediately or
dered to take his seat there.
The twelfth Juror was now accepted A percmp-
tory challenge from the District Attorney followed
at once and MIR. Solomon Anderson. the second
juror. stepped out OF the room without having once
lost the bewildered look that he had when first
called up. but being more bewidered he went out
than ever before.
NOT UP TO THE rn6Es
jeremiah p. Dalton "had not read column Of q
newspaper in q year" but acquainted with Mr..
Howe, the prisoners counsel. He was excused.
William Paul. builder, OF No. 40 West l27th
street. said he would have regard for his oath If
lected as juror and would decide solely the evil
dence produced in the case He was accepted and
took Anderson's vacated chair
James Smith. the fourth juror. was then chal-
lenged peremptorily by the District Attorney and
left the court room. Fifteen more persons had to
be called before one could be found to take his
place.
Augustus W. Neurer. the sexton Of Trinity Church
had never read of the case and did not know that
anybody had been arrested. He was excused.
George W. Chatterton had objections to the pun
ishment OF death.
instance similar to that of the tenth juror was de
veloped. To Mr.. Howe he SAID that he would enter
the jury box, il he accepted, believing that the
prisoner was guilty. He would require evidence tc
remove that impression. Judge Oowing tried his
three test questions as before and decided at first
to overrule the challenge to the favor, but on Mr.
Howe taking an exception he considered the matter
and. with the concurrence of Mr.. Phelps, he sus
tanned the challenge and excused Mr.. Probst.
George Williams lived in Duchess county, and wal
allowed to go home. Three more opposed tc
capital punishment. five had formed opinions and
Robert Ruttor the 127th man on the stand, de
clared that he had an impression in his mind re
verdict in the least He was accepted and the jury
stood complete.
trier OF these 70 had formed opinions of tht
and were excused ON that account; 10 had con
scientous scruples against the infection of the deatt
State ind 16 by the defence; was excused because
he friend of Mr.. Hummel because they
did not understand English. and IL were accepted
These twelve are certainly very far above the ordi
nary petit jury in personal appearance. There ID
more than ordinary intelligence and all look like
fair men, Their names. occupations and addresses
are as follows:-
Andrew L. Meyers, plumber. No. 1O1 West Forty
William Paul. builder. No. 40 West l27th street.
William I. kvers. reporter 136th street and Willis
Robert Ruttor. builder. No. 152 West Thirteenth
street.
avenue
Hermann Wolf. milliner. No. 4ss East Fifty si1tl
street.
Adolph Dennahunt. merchant. No. 51s East 1851
street.
George W. Springfield, carpenter. No. 1913 Yves
william II. Craig. collector, No. Is West 126ti
street.
Albert W. Howard. -four merchant. No. 1e secont
Francis B. ODonnell. retired. No. 122 Lexington
avenue.
Nehemiah Kohl, cigars No. $50 East Thirty-thirt
street.
SWEARING THE JURY.
As soon as the last man was accepted Clerk Sparks
called the roll OF the twelve and then called upoI
those III the front of the jury who by thu
book to rise. Messrs. Meyers Paul, Ruttor and Alt
hous arose. Then he called on the prisoner to rise
and Cox stood up. He was cool as ever, and al
though has face was grave he was not in the least
disconnected apparently affected by the situation
gentlemen of the jury look upon the prisoner
prisoner, look upon the jury" said Mr.. Sparks. and
he then administered the jurors oath in the ua
form, binding them to lind true and impartial yer
dict according to the evidence to be given in the
case. The same formally then gone through
with the six iurymen i'll the back row. and then. with
the alteration necessary with the fourth and sixth
jurors, who held up their right hands and affirmed
District Attorney Phelps asked tor an adjournment
until this morning to allow him to have the wit
nesses ready Tor the trial of the and gave hin
to the jurors that they might be expected to remain
together during the whole trial.
The Judge said that great deal OF care had beer
exercised i'll obtaining impartial and unpreju
diced jury, and 1t was very desirable. great IN
terests were at stake. that their minds should
remain exactly as they were. They SHOULD
not allow themselves to be spoken to about
the case or to talk with others. and Il
they were in the habit of reading tn,
papers he advised them to skip relating tc
the trial. They should refrain from learning any
thing of tho case save what they heard in the cou
room from the witness stand In conclusion the
Judge said that he wished to try the with tht
utmost celebrity, and would therefore hold three
sessions each daythe morning session lasting from
ten O'Clock until twelve. the afternoon from half
past twelve to six. and tho evening from half pas
six till halfpas ten. or 40 long as the jury conlt
stand it.
The case was then adjourned until this morning
ut ten o'clock.
EIT.En WITH CANE