New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-03
THE TRIAL OF KERR BEGUN.
TWO MEN SELECTED AS JURORS.

SLOW WORK AS UsUAL-ALL WILL BIZ SWORN
WHEN THr PANEL is COMPLETED.
Thomas B Kerr if you desire to challenge the
Jurors you must do so at the time that ehey aio
called" With these words pronounced by ChlcI
Clerl, Sparks in the Court Of Oyer and Ierniner
Yesterday morning the trial Of the treasurer OF the
broadway Railroad Company on the charge OF DID
ing Aldermen in order to procure the franchise Oh
that corporation was begun. Justice Patterson
was on the bench District-Attorney Fellows ana
his assistants Nressrs Fitzgerald and Semple, mp
peared for the people and eX-Judge Moan DAVIS.
W Rourke Cochran and John II. Bird represented
Tho accused man. ex-Judge Davis had been sub
sttuted for ex-Surrogate Rollins. as the latter ex
pects soon 10 be in the midst OF prolonged tr"'
Of the Stewart will case in which be is one OF the
leading counsel Mr. Kerr with an anxious look
upon his fare sat near his lawyers.
The slow process of getting jury Mt once
began. Robert NJ Van Arsdale publisher, Morse
Building was the first man called upon 10 say
whether he could SIT upon the case as an I'M
martial Juror. After he had taken his seat In
the witness chair, ex-Judge Davis rose ana s",o
that the subject Of challenging jurors had assumed
great importance since the decision Of the Court
Of Appeals in the O'Neil case Unless steps were
taken as prescribed by law for getting Inc
proceedings straight on the record the Defendant
might lose his right TO have review OF ali inc
proceedings He asked that formal entry De
made by the stenographer Of each challenge sns
the ground on which IT was made ms WIS
agreed to. Van Arsdale had formed an opinion
about the case and did not think he couid try
it fairly He ordered to stand aSide' =, ihyg
dore Schumac her, Jacob Heuss. Jonn n. W.
Winter David b. Schwartz, Siegfred Schwapacn
and Charles p G. Scott were excused Ior tne
same cause. -, ~ q,
William D. Sadlier, book publisher No. 81
Barclay-st went into the box as the nrst Juror.
He said he could give verdict without pre)udlcc
He was not sworn before he took his seat On
motion made by the defence that the Juror De
sworn at once, ex-Judge Noah Davis made long
argument He said that the Juror had been accepteo
and should be sworn he protested against inc
outside trial Of jurors by detectives, newspapers
and reporters l.. ,
Justice Patterson decided the matter In Few
words He said: In this case shall not require
that the jurors be sworn until the panel oe lulI.
After an exception had been taken 70 unls
ruling John T. Willis woollens NO lOo Chamoers-
at was called, but was speedily excused aver
Colonel Fellows had challenged him for BIAS, Mr.
Cochran said: :" We join in the challenge. Inc
District-Attorney seemed surprised at tns ana
said that if il kept up therc never couid De
a Jury The effect would be TO cut on all eX-
animation After some discussion OF TINS point
the Judge said he would consider the matter
and decide it to-day. - r,,,
John f. Hunter. photographer. Nc l492 ihlrd-
ave- was examined at grent length and was nnally
selected as the second juror After TWO more
men had been excused on account OF their well
settled opinions, the court adjourned until le:So
n m. to-day.