The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-07-16
CIIASTINE COX.
ssTwelye Good Men and True" Found to
Try the Murderer Of Mrs. Hull.
THE COURT BLUNDERS.
Judge Cowing Promises the Jurors to
Expedite the Trial
COOL DEMEANOR OF THE PRISONER.

The second days proceedings in the trial Of Chas-
tine Cox began tardiy yesterday. Judge Cowing be-
Ing twenty minutes behind time. and there being
some routine court business to transact 1t was.
therefore, after half-past eleven O'Clock when the
trial was resumed. The prisoner was brought from
the Tombs Mt about ten o'clock. and showed his us
cal nonchalance despite his grim surroundings. He
was dressed with scrupulous care. having his hair
brushed as smooth its kinks would allow and his
mustache stfly waxed He came from his cell
smoking cigar. and seemed delighted at the success
of the cxpedient when Warden Finn sent out an
empty prison from the carriage door of the
Tombs in order to deceive the crowd that was wait
ing. When he came to the court room he asked for
glass of water and drank it eagerly During the SEES
sion Of the day he said little, and did not smile as
frequently Monday. but sat perfectly self
possessed, and did not once during the day show
any appreciation Of his situation.
The court room was not uncomfortably crowded,
the watch the door strict. and very few per-
admitted excepting the jurors lawyers and
reporters. A great many members of the Bar were
present. evidently studying the practice OF their
profession from the proceedings. The counsel for
the defence sat together occasionally consulting.
and District Attorney Phelps Joined his two as
sistants, Mr.. Rollins and Mr. Lyons. relieving Mr..
Rollins from portion of the labor of examining the
jurors. Mr.. Balch, the Boston reporter who recog-
the prisoner from the description he had heard
and caused his arrest in Boston church, pres
ent and sat with the District Attorney.
The heat in the room was intense, and Judge, law
yers and spectators all suffered and showed their
suffering il their faces
BEGINNING WITH A SURPRISE.
The first proceeding after the opening Of the
Court was surprise to most of the spectators, and
at first seemed as though it would be a surprise to
the counsel for the defence well. but the result
proved to be only exhibition Of skilled legal
fencing.
''Mr. Howe" said Judge Cowing. "you offered
yesterday behalf Of the prisoner special plea
challenge to the array OF jurors. The learned Dis
trict Attorney entered demurrer and I sustained
the demurrer. annualing your plea. On mature
elaboration. however. have determined. in order
that there shall be injustice to the prisoner
allow the plea to be entered and to allow the Dis
trict Attorney to traverse the plea"
"Your Honor" said Mr.. Howe. arising without
the slightest show of surprise. las understand it
the matter stands thus:-We entered the plea. The
learned District Attorney demurred We joined in
the demurrer. Your Hono- sustained the District
Attorney in the demurrer and overruled our plea.
We took exception, and the record shows all this.
submit that it is too late for this action be
reversed in this court
ALLOW me 10 lnterpOse wOrd, SAID MT Rollins.
''I satisfied of the correctness of this mode
of pleading. but deem this plea invalid because it
was not verified have never heard of plea OF
this kind that not verified but want the record
to show that am willing that this plea shall be
cepted and traversed, and that the Court is
willing -"
Il have only to say -" said Mr.. Howe.
Zone moment continued Mr.. Rollins. 81 be-
fieve that exceptions not made for the purpose
of entrapping the Court but for the purpose of
curing justice to the prisoner, and believe that an
opportu nifty will always be given at any stage Of the
proc ceilings to rectfy any that may be COM
mitted."
II am sure" said Mr.. Howe, .that the counsel
will not insist the expression he has used about
entrapping the Court"
PROFESSIONAL AMENITIES.
II mean no imputation that you have tried to do
so" said Mr. Rollins.
There is no reflection on your conduct of the
case" said the Judge
81 am sure there is not" said Mr.. Howe. but
the matter stands thus (and he here recited the
plea. demurrer. ruling and excepton.) at ia now
too late for Your Honor reverse your Judgment
of yesterday. 1t is proper that should say that
this is of the manifestations of right and Justice
which are always to be expected from the learned
District Attorney and from this Court. l say this
with pleasure, but while thank the Greek for the
gifts he bears do not feel that justice ac-
cspt it,
This is an offer" said the Judge, con the part of
the Court to do justice"
The question is whether tho Court has the right
to do this, said Mr.. Howe.
'The Court has o right" said the Judge ernphati-
cay, to do justice to this unfortunate man and IL
the law Is technical that it does not allow Justice
10 be done to prisoner for one will not subscribe
TO it,"
But" said Mr.. Howe 1--WE think that the Court
has no power to do this, for the reason that many
rulings were made yesterday this basis of the
judgment declared. and that when the comes to
be reviewed, Il it should be- the appellate Court may
decide that these rulings were not right 1 could
not therefore, in justice to the prisoner accept
Offer
Mr.. Rollins the Judge felt any chsprip at this
failure of what seemed to be effort to rectifv
MISTAKE they did not betray it In their appcara
and MT Howe proceeded smilingly to the question
This questioning proceeded in the same line as on
the previous day. First. Mr.. Rollins inquired
whether the juror had scrupes of conscience against
capital punishment. Then, IL he had none Mp
Howe inquired il he had opinions to the guilt or
innocence Of the prisoner and IL this opinion would
require evidence to remove it. One after another
large number of the candidates for position in tho
jury box confessed to the entertaining Of opin
ions or prejudices, and in almost every case the
Judge sustained tho challenges. Mr.. Rollins made
the jurors to say that they had formed their opin-
ions from newspaper reading. and that they would
try the case impartiay II accepted. In only
stance however, did the Court rule in his favor on
This point, and this gave Mr.. Howe opportunity
10 take All exception.
TRYING TIKI JURORS
Sigismund jacob. Andrew Corcoran and Henry W
Asliall were the first called from the panel
All three had formed opinions in the case and were
accused.
George W. Springstcad, a carpenter, Of No. 3g3
Weet Twcnty-fourth street, had formed an opinion,
but dcclarcd he could put 1t aside entirely In judg-
ing OF the case. He accepted the eighth juror
Alexander Cash. Henry Robinson and Timothy h.
Desmond had opinions Calvin Denorest and Joseph
Palmer were percmptorily challenged.
William IL Craig collector, OF No. ~ West 10th
street. had heard Of tho casc but took interest In
II and had formed no opinion. Bo was ordered to
take his seat with the other jurors.
When Albert W. Howard was called he said to
Mr. Howe that no had read the and had formed
decided opinion, which II would take evidence to
remove. judge CowiDg read from q volume OF re-
ports three questions from the Of the People w.
Thomas. In the Court of Appeals, and followed the
decision OF that court in his ruling. The questions
wcrc;-"Does whatever impression or opinion which
you have dcpond on the superstition OF what you
nave heard being truer IL you are sworn juror
IN the cass would you decide tho on the evil
dsnco given DO you really beieve that IL you