New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-04-05
THE TRIAL OF THE SHERIFF.
AN ADJOURNMENT TAKEN TO THURSDAY.
MOTIONS TO HAVE NEW JURY DRAWN AND TO
ORDER A STRUCK JURY DENIED.

MOTIONS TO HAVE NEW JOhf DhA"N AM ~
ORDER STRUCK JURY DENIED.
The expectation that Sheriff Davidson would
be placed on trial yesterday in the Court of Oyer and
ermner befor. lad "a Barrett drew thither crowd OF
politicians and many lawyers retained IN the case
It was thought that Jury would be at once empaneed
and that the case would hurried forward the rial not
occupying probably than two days To the dsap-
ponent OF the assembly however. the caso after con-
siderable argument was adjourned 70 Thursday Among
the Interested spectators UnderSherh Joel o. ste
venA looks somewhat better for his Southern trip
District Attorney Olney argued that the shern should
not be allowed to assist drawing and afterward sum-
jurors forming the panel from whioa those VINO
are to try will be drawn. 30 moved to set aside the
order requiring the Jury 70 be summoned.
Mr. Cochran said that no unf1irness had been
charged against the Sheriff In drawing the
jury This point not raised when tho case was
argued before and It was late TO bring up then
II this case could not be tried by panel Of jurors which
had been drawn by the Sheriff. then there had not been
regular trial OF a case In which the Sheriff was a
party for the last twenty years They wished to proceed
tn trial az rapidly possible
Judge Barrett asked Mr.. Oney what he wanted done.
Mr. Olney asked the direct that jury for the
trial Of this be drawn and summoned and mat one
the Coroners perform the dudes OF the Sheriff relative
70 the wing OF the Jury After further argument Judge
Barrett said: my opinion Is against the proposition
For all the purposes specified IN Jne sIdJlte Lns du
action, OUt there Ia nOulnE special LDT bLtd III '
struck fury ia sometimes ordered The oheflH, now
ever has nothing do except with the drawing OF Le
panel OF jurors, except TO sit by aud see II done me
Legislature does that tue facts here presented
should be ground for particular case. In common
law the sheriff would not be permitted 10 summon Vhe
Jury. The through his agents OF the nOSo
the Jurors which have been selected and drawn With
any action his part evidently considered so
hight that the common law rule has been changed Inc
motion set aside tne order ought TO be denied
Mr.. Oney then made motion for str ick Jury IN the
case Mr. Cochran argued that the Court OF oyer ana
Terminer did possess the power to order struck
Jury Judge Barrett said there was nothing 70 snow tla
a TaIr and Impartial Jury could not be obtained. lie
denied the motion Both sides proessed their readiness
70 proceed 10 tina early as possible
Charles F. MacLean, IN behalf OF Warden Bowe, moved
dismiss the indictment against him on the ground tnat
the statute under which he was indicted mad been
repealed and that there statute mentioned IN the
indictment under which he could be held. MI OIney
said that he mad heard OF this motion before, and
asked for time 10 meetit $500
Mr.. Howe asked that some disposition be made or the
cases OF Deputy sheriff McGOngal Deputy warden
Herman and Clerk Wertheimer. q,
Judge Barrett said that he would hear the cases OF al
those indicted except the Sheriff Wednesday next az
a N. he added that much time had been lost already
IL then being noon. be doubted whether IL would DC
advisable begin the trial OF Mr. Davidson then IL was
probable the trial would not be concluded by Sat
day night. Under al the circumstances, he thought IL
much better that the trial should be adjourned 70 Ihurs-
day next at 10 a.