New-York tribune., 1886-05-13
A JURY FOR JAEHNE AT LAST
SPENDING A DAY OVER THE WORK.
OBSTRUCTIVE TACTICS OF The DEFEyCE-CHAL-
LFNGEs NOT YET EXHAUSTED.


belllke oyer, oyez of the cricr sounded full and
clear in the Court Oyer aud TerDiner Yesterday
Ing where Alderman Henry W. Jsshne Is being tried os
the crime of receiving bribe for his vote In favor ot
Jake sharp's Broadway franchise When the court al.
ourned the night before the panel Of 40 Jurors was ex-
hansted. Another panel had been ordered and the roll
OF names. called when court opened yesterday.
Counsellor John Graham, Of Jaclnes defence when
the last called. IL necessary your Honor,
Tor In the interest OF ent 10 afford the news.
papers which take such pleasure in making light OF his
distresses. some more entertainment
Judge Barrclts face assumed a expression.
He does not enjoy the Introduction OF remarks designed
n pIisoDer
"In behalf OF Mr.. Jaehne." continued Mr.. Graham,
challenge this array"
The judges face showed more annoyance. His
membrance OF Grahams challenge Monday was By no
means pleasant II did not then take the shape Of an
Insult TO himself. sensitive court might nave been
pardoDed for looking at 1t that way.
Mr.. Graham read the challenge which was on the
ground tnat when the order for the drawing made
there necessity for making it; that it was mas
by way OF anticipation, that he. Jaehne had knowl
edge of it, not notified to attend tnerea were his
counsel any OF them that the wheel containing the
ballots Of Jurors in the Office OF the County Clerk did not
at the time of such drawing contain ballots having
them the OF all the persons liable 10 and eligible
f Jury duty in the City and County of NewYork at that
defendant has seriously prcuiiced by the omission
to give him notice OF the said drawing and summonns
and his substantial rights oherw msteriay inter-
iered with and taken from him. and among others
that considering the great state OF piDc excite nent in
this county in reference this trial and Others who
have been prosecuted for tho nominal offence with
him. and is absolutely necessary that he should
have and should have amp notice Of the time OF tho
said drs wing and summonng, with copy OF the panel
that the OF those selected could and car be
carefully aud fully examined into ami investigated by
him before the persons called upon by him
jurors aud that 1t Is not safe Tor him to proceed with
the trial without that opportunity.
When Mr.. Graham finished reading Mr.. Nicoll denied
the allegations and said he was ready for trial The de-
fence called for the County Clerk did not answer
Nh Graham--We must have MN. We are not ready
till get him.
The Court-YOu have raised the issue and it 10 your
business to be ready to try IT,
Mr. Nicoll-rhat the issue may be narrowed down to
the finest point will admit the allegation that tho de-
fence not notified to attend the drawing
The clerk of he coIrt John Sparks was called and
asked to produce the OF the trial showing that
new panel had been ordered.
:" n you will let me explain"
"we will not take anything oral" said Mr. Graham.
We want rore air"
1t was only memorandum, orly a slip Of paper"
"WhsTe is the slpi'
d" have it here"
but defence insisted having the emorandum pro-
llced aud sent the witness after it, Ia the meantime
Deputy County Clerk Thomas f. Gllroy took the stand.
He said that the drawing occurred yesterday about
1890 o'clock Sheriff Grant Justice Donohne, Com
missioner Reilly and himself were present lie dill not
know no many were in the wheel bot douDteif IL
they exceeded 5000 1t took about an hour to conrlee
the drawing. Pc did not look into tho wheel lie Vac
never seen the inside Of 1t but once, months ago
O.-Where is the County Clerkl A. -Down town.
Ole is not in FlorIdsi ANo.
O-I didn't know but that he, too had all affection Of
the lungs. He hasn't has he' A-No.
James T. Conner. the Deputy Commissioner OF Jurors,
was sworn. lie said he had held his Ii<sent Office for
three year ana half About 2l,OOO n>mes weIe
furnished the Commissioner last OrtoDcr from which
Mics TO be drawn until June Tho list was in
creased each month. There no other names on
hand Yesterday that were not used. Folio wing Is
series OF ques and designed to show that
whereas $1,000 persons existed competent to perform
jury duty the wheel only contained about 5000 names:
Q.-You have accounted for 5000 names. Where ara
all the rest that ought to nave been tnerei
The Court-Yodr question Is objectlonabe SIR. 1t Is
improper for 10 assume that names were not there
that sh uld have teen.
Mr.. Ora But that Is the fact your Honor
The Court-YOu must prove IT,
Q-Then Will char ge the form Of H. Wncre are ths
OF those names A-some OF them are circulating
about the courts.
Q.-Iow manyl About 1000
Q.-wen that Is 1900. How about The othersl A.
Some in Our safe.
Q.-Bow manyi A-About 5000 more.
Q.-That amounts to 1000. Now speak up and tell
me where the Others are! AWel, when We
Q.-No no. no. Answer my question Where are ihe
restI A. Any quantity OF them have been returned.
Jurors having served or not been found
O. You would have opened the safe II you had wished
to- couldn't yOut A.-les.
Q-And could you have taken those ballots outi A
Yes.
Q-Thcn why there ouy 5000 ballots in the box.
when 20 1000 ready FOR servcei
Mr. NIcoll-IIOw does he kuoWf
MI Graham-Now don't you interfere. When you arc
trying man his liberty, Will not have you Interfere
with my questions.
Mr. NicOll-But you are
Mr Graham Goudly and with eNctemcnt)- You shall
not Interfere, sir.
Mr. Nicol Cwarmlyj-l will interfere when you ask i'm
proper questions.
In this animated dialogue both attorneys rose and
confronted each other angy. Jidge Barrett struck tae
desk a sharp blow with his gavel.
Il will not tolerate such undde emphasis geDtemen
You must not talk with murh warmth. There Is no
necessity for excitement in this aud will not
permit IT," Then Ms. Graham proceeded with his
YSn are we"tosmSd lin mar" TAX take IT, Mr. cSnnsT
articles about the I5oodle Aldermen
The Court-rne objection is sustained.
Mr.. Grahan-Do you know OF The excited and rrclu.
diced condition OF the public mind a' regards this de-
feuGanti
Tae Court-That vii, do. Mr.. Graham.
Mr. Grahsnlf the Court please one OF the aesation:
male challenge Is that she city has been aroused
aud mnamcd by the press TO tue pIeJud'co of the do
PENDANT and propose To show IL by thi, Witness.
The Court decline 10 receive any evidence on that
point
MIR Graham You won't lot me prove III
The Court-Iou may not, sir. II an exception Is OF
any service To yOu you may have II.
Mr Grsham-G lake II, sir; Ournins 10 witness Were
any names put into the wheel yesterday before tile draw
insl A.-lcs. sir; about 500
ihs { QUIT rom the certified lis,l A.-Yes. sir.
The CORTLAND all tue Laules there were Oh the listt
Avery one. -
By THIS time Mr.. Sparks had returned and Mr. Graham
went him ag.iu about the or.ndua lie pro-
ducel giua order OF court, Dui tho wcmoTanium
was insisted Mr.. Graham talked about the scrap of
paper OH which the clerk had noted the courts order as
II his clients life depended It's proiutIJn and as
wicked conspiracy existed to Keep IL from hun. Mr..
L.