New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-11-30
NO EASY TASK TO GEfAJURY.
MANY MINDS MADE UP ABOUT McoUADE

&ondo nj nj as
rr,rh the courtroom this time the court ofncers
- greater precautions than before TO prevent the
.crachmen OF too earnest spectators An iron frame
work stretched the corridor was effective IT Keep
ing out most OF those who tried to enter the rooE 'S
ocers only allowed those to enter who had summonscs
N appesr AS Jurors and the few persons who had ous
meas IN the ROOM The number of jurors summoned was
40 small that the room was any time even filed
The rear benches had only single OF spectators
Recorder smyth with the calm rather stern expression
hjchs usual TO his features presided as at the previous
trial General Tracy and Richard S. NcwcomSe. Nc
ouades lawyers among the first OF the actors IN
The proceedngs the court They and ex-senator
grady ant down around the small movable table which
Mr. Nevcombe finds TO be convenient ana wiheh was
taken 10 the courtroom at the former tal OF the case
Bernard McQuade Eat beside the counsel ana was az Dc
fore fully as much interested In the proceedings rs MS
brother, the defendant.
Tho pccorjer was followed as he entered the by
District, Attorney MARITIME Colonel Fellows and Delaney
Nico and soon after the defendant himself entered Ill
the custody OF an officer. He has grown tnn ana quiet I'LL
the two weeks of his imprisonment His eyes appear 10
have sunk further in his head the burrows on DIS o"
re deeper and no is somewhat paer than when hst ar
ragned He throughout the day quietly racing 'ne
Indigo and the witnesses who examined as TO ther
ouabra,iors AS Jurors He the readiness OF sug-
rcs,ion and comment which marked him two weeks ago
MR. WATERBURY WANTS REILLY TRIED.
Nelson J. Waterbury facing the Recorder and bis
Aldermanic client Charles ii. Reilly sat not far from
him The other ex-Aoernen who had been present al
the first trial absent yesterday
"what business have you for the court this morning.
asked the Recorder
Mr. MARITIME answered 81 move the trial OF Arthur '
McQuade-"
Mr. waterbury stood up and leaning forward as If he
honed that he might catch OF his client Reilly
said: "what do I unierstapdF'
"The case Of McQuade' said MI Marnhc' ana MI
Waterbury 10 argue on motion, hrst reauing
letter which had addressed TO the DfstrictAorey
few DAYS ago Reillys trial to begin yesterday II
there had been no mistrial in the Mccuade case MT
Waterbury wrote to Mr.. MARITIME on Thursday:
my great surprise Mr. McIntye informed me b on
"Wednesday late ior me 10 communicate wa IN,
DAY. ta you t mao Eeilv on Moniay next You nad
,at Iav I ,he tina, and Il The cour, your
motion gladly c SsnT np 10 nnee to me- set
aside deliberately made and accented oy ootn sue"
arranged Tor su,e&nent mes
The delay you seek woul not only therefore
viii insist the trial shall eommsDce o,.or ,or,, nat
compare wrong TO my client IL is very severe TO an
eSSed"siy "pSaSaSS nons could Undue hin TO
leave ne s o. n o SSS as anu and nsn BY
ives declared by tie motion You mac ,ha hy T
moi The day you de & of al" not, " with Mr. Nc
cuse on any person his behalf merely uln my duty
10 pI oiect the rights OF my client
Mr. Waterbury after two attempts 10 secure Inc
Recorders attention. said that the case was not on
tbe he only ask that some future time be
fixed for the trial
The Recorder cannot make any order AS ycn know
having District Attorney the Distrlc Attorney
only set day for trial can discharge tne de.ena
trial within reasonable time. AS lremember me IN ueI
however the only set down to be tried AFTER nis
MIR Waforury-I ask the District Attorney here in open
court fix some day for the trial OF Mr.. Reilly
Mr. MARITIME made response, and the Recorder
finally suggested that the be settled by private
arrangement.
TRYING TO GET A JURY.
The breeze created by Mr. waterburys earnest appeal
for his clients trial the only disturbance to the quiet
est possible opening 10 the days work The Recorder
said: "Ca the PANEL" and the names read Clerk
Sharks and his deputy, Edward J. Hail. collected the
tickets and after few OF the wheel the name OF
Alexander Miller drawn. He is retired merchant
He had been business for twenty-five years me e1-
animation conducted Mr. Nico took the same turn as
when the turos were obtained at the previous trial MT
N read the same lists of the members OF the Board OF
Aldermen of 1884. the lawyers connected with tho
Broadway Railroad litigation, and the promoters OF Ihe
Broadway Surface Railroad There was little dihcuty
until Mr. Nicon began TO ask about the Broadway rail-
roads.
Mr. Ncol-Do you stocks or bonds In the Broad Broad
way road Ayes sir In the Broadway and Seventh
Avenue Es sow onss Hscven or eight years
Q-You have been at stockholders meetings anu
The Recorder~What is the connection between the
Broadway and Seventh Avenue Railroad and the Broad
M Newcombe-I believe that it is that one has leased
the right the road Of the other oa nm, nv tho
Broadway and Seventh Avenue Railroad ~.
The Recorder-I think would be well to excuse the
witness
John H. Bambach. young man, proved promising
subject He has dark hair and dark mustache He
was the picture OF good nature and appeared to nave
powers of language cultivated by constant use Mr.
Nicoll asked:
What Is your BUSINESS Al artist
C.~whst sort Of an artist A "A tolisoiial artist
The LAWYERS laughed Mr.. Nicon, by examining found
that Bamach knew ex-Alderman Wendell by visiting his
garden and knew or two other persons con-
pected with the Broadway matters by sight.
O-Do YOU know any connected with the District
Attorneys object Al know the Judge
The Rocorder.-You know me, do you Ayes, sir, by
sight see you pass my place frequently
From the windows Of his barbershop. in sixthave be-
tween Fty-second and Fythird sts. the witness had
apparently observed several distinguished men, but
IA he only had opinion which he
would leave behind him when no stepped into the
ury-box he took first seat, but when the perempory
challenges by the defence begin be used ho will not re-
main there very long.
PREJUDICE AGAINST ACCONPLtCES
While this witness was being examined the lawyers
took discuss the proprety OF line of questions
which Mr., Nicon began TO ask He first asked: Have
you any prejudice against the testimony OF aecomphces
n such testimony we're introduced herei" The witness
xered "NO sir" before General Tracy could object
but as sides anxious TO have the matter decided
another question asked Of similar purort General
Tracy objected the ground that no inquiry could be
made tending how juror would decide the case
or as to how he would affected by the testimony Mr.
Nco read from decision OF the Court OF Appeals
sentence which he thought sustained his position and
the Recorder calling for volume OF Parkers Reports.
showed decision In which question as to whether the
intended juryman had prejudice against Roman Catho-
lies was held TO be proper when the trial out Of
riot In which members OF Roman Catholic organization
were interested General Tracy said that the law defined
how much reliance should be put in the testimony OF ac
completes Recorder snyth decided that questions can
be asked designed lind out whether the intended jurors
had prejudice against certain class OF testimony or
witnesses.
Rafael Butman. Louis NJ. ETnsh and seligman Baum
had opinlons. Their opiniOns had been strengthened