National Republican., 1880-05-22

ecuting witness was on the stand and was cross
examined by Mr.. c. Maurice smith az TO the de-
tail of the outrage committed upon her.
Mr. Smith was severe in his manner Of question
Ing aud minute In seeking TO elicit the iaets oi INC
case When pressing the girl pretty hatd 70 oD'a,l
Information that he wanted, one OF the Jurors MI.
Theodore c. Ray arose from his place In the box
aud asked tho court to check the counsel snylnB
that this woman ought not TO be cruchceu tWlGe,
Mr. Smith made a sharp rcjOinder, but the mAtler
did not progress further then aS the court hu-
journed. Yesterday morning tho hearing was Io-
ton. The trial went along smoothly until near II
O'Clock, when the counsel was pressing the witness
to answer some very delicate questions. MT. kay,
the juror again and said that the examination
was not conducted properly the witness was treated
roughly aud th0ro was not the same dclicacy shoWn
and observed IN the case like that SHOWN III INC
examination of Miss Lcins recently In TINS court
Mr.. Smith, in q very Indignant manner and pos
tiVc tone, asked for tho discharge OF the juror 90
clarng that ho was incompetent to serve on Inc
trial. aud that 1t the evident disposition OF tho
man 10 convict his client in advance oil hearing inc
testimony
Mr.. Perry said that it was most unfortunate
that the ease of Miss Lelns had boon introduced
into this affair. They were not parallel cases
Miss Lons was unconscious when she was OUT
ragged, and ofcoursc could not know or tell Oh the
circumstances in relation " It, This grl hau het
senses, and unpleasant as II might be, she must
detail the facts IN connection with the oncnso' ne
had no power to stop the examination, and couid
not control II. The counsel upon tho other sue
has the privilege to the witness IN ms
own way under the restrictions of tho court TINS
luteTlcrelce Is lllprOpcr, Nu ~ " SHOWS hHyNhl'b
1t shows the liberalization of this Juror ~ convict
this man. While no occupied his present position,
he should prosecute all alike, black and white,
rich and poor Defendants III that court ShOulu
not be convicted except by due process of law.
Mr.. Smith asked that the jury be discharged as
II was evident that one of them was biased He
believed that his client was Innocent ana that the
prosecution was a fraud and he did not propose
tha. he should be convicted in that manner; lie
had been insIited by the juror, and the jurors M
reference in the case was wholly without prece'
dent aud he thought the entire panel should be
discharged.
Mr.. Ray-what I said was to the court. am not
talking to you (Mr. smith,
Mr.. smith, think, sir, this panel should bo
discharged
The Court-Iow can that bo doue?
Mr.. smith, except to the ruling
The Court-No ruling has been made to except 10.
Mr.. Smith-Your honor, cant q juror be with
drawn and the case continued l certainly think
wo ought not be compelled to proceed under the
circumstances This juror ought to be let 60
Mr.. Davidson foreman otlhe jury)-Gour honor,
the jury would like to be discharged we are salts
fed that we ought and want to be-
Mr.. Evans (n jurorl-l think We should DC. we
will be in the room all night for nothing.
Nr. Ray-I have not made up my mind as TO the
verdict.
Mr.. Smith-No, I reckon not it don't look SO.
Your honor do not wish to say anything against
tho other eleven men; they arc intelligent and ex-
pOrienced, and am satisfied that they Will do what
is right. They ought to have justice done them.
Mr.. Falls-Caunot this trouble be gotten over By
withdrawing juror and continuing the case2
Mr.. Pcrry-That cannot be done; the trial must
go on. But do not doubt for n minute that his
honor will in the of conviction, set the YER
dict aside on account of the action here to-day.
The Court-Yes the case must go on.
slr. Smith then proceeded with the cross-eXam-
ination.