Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-09-17
HE cRoNIN MURDER CASE.
The Work Of Securing n Jury Drags
slowly Along.
rBv telegraph 10 The Displtch.l

Curc,oo. September l6.-When the Gro
min trial was resumed this morning Lawyer
Forrest. for the defence, on Dehah oi
Daniel C0ughlin. challenged the special
veniro Of iurymen on the ground that the
REGULAR panel had not yet been cAhausleu;
He said that the trials of Mcdonald ana
McGarrirle. in the celebrated doodle tral
rrbich resulted IN their conviction. that
every two weeks they had regular pane,
which was used up before the special
yeiire was resumed.
"Wc are entitled TO have a regular panel
every two weeks" SAID Mr.. Forrest anu
( demand it,
Arera brief discussion Judge Neon
nell said $50 far rs Mr.. FORREST @uS-
re.tions are concerned j see nothing III
them whatever. / believe that TINS c9prI
Is sittinCas a separate court ana cohlrViI.u
indpucndeut OF all other cases. 4 partlcu-
lar ildge of the Criminal Court has under
taken To find q jury II. this case, and
having no panel 40 that time, he mas uh-
dcrtakon TO get q jury by spcclAl NehIe;
n isuropcr for him TO continue TO the END
with the summons 10y special Ncnlrc upon
the citizens of the county tor jury service
A. tho same time, if the regular panel were
Ill here j would not hesitate Tor moment
10 tender them to You, gentlemen lor Sc
lection. At the same time II would only
he uropcr. / think without any DOUBT
that we have q right TO proceed 10 the end
and oct q Jury by special yeniTe. But
am so anxious to get jury that VIII pro-
coed to any end in order 10 do So Laugh
ter.
The States Attorney: The only question,
Your Honor. is whether tins special Vehlre
was issued and properly served. II II ""''
then their motion should be oNerIulen.
Tho Court: will override the challenge;
luf If lafrron the defence wants that panel
brought from the other room they can
Mr.. Forrest: Very well, Your Honor. At
tLc same time wish 90 save nn exception.
Nc.,rs. Donahoc and Forester also
formally made the same motion on oeh"li
of their clients, O'Sullvan. hunze' anu
Reoga. II was Ovcrruled and the Gus
! tonlarv exception taken. The examination
of taleemen was then resumed.
Some interesting matters were developed
in tbe examination Of Cyrus Nj. DAVIS. lie
was asked:
| the death penalty
He answered. "Ihave on circumstantial
evidence"
Suppose the circumstantial evidence
was etronvfenough 20 convince Won be
voud a reasonable doubt OF me gum OF
partir-. would You still object
states attorney: 1 challenge the juror
| for cause.
Mr.. Forrest: object.
mo Court. The question is if in case
| Of that Kind you should find the defendant
| guilty, surprising the evidence Is IN thai
| direction would You be opposed TO capital
| punishment,
Answer: No, sir.
The court take the position that the
| statute does not contemplate difference
! between the kinds q evidence. II a man
| is couscicutiouslv opposed 10 the lniilctou
! Of the. death penalty in any case hel- an IN
conpctcnt Juror, but If he Is opposed 70 10
! simply because the evidence was ehurcIy
! cIrcumstantial II does not come under the
statute Without passing upon that quc7-
! tiou now will ask the juror a question: ::
/ You seem TO have considered the difference
between positive and circumstantial evil
! dcnoeI
Question What would you do indie
pc9dcntlv If this question If sitting upon
| a iury and all the evidence was crcuin-
| stantial: would You consent to the Ver1ig y, I
! OF guilty If YOU We're convinced DtNvh" gu
reasonable doubt of the guilt OF the de-
! PENDANTS and that verdict involved tno
! death penaltYy a.
Answer: Yes. SIR. if I understand the
| q stion, provided 1t did not contain cap4-
Question Would you be unwilling to
| find verdict involving imprisonment
| Answer: ! should be IN favor OF ne
| imprisonment. A..
The Court: ! am going to sustain the
! challenge on the ground that 90 .hot
/ think man is q competent Juryman In Il
! criminal case who Is willing To- come 10 "a
| verdict upon certain sort OF evidence
! which may involve q certain penalty ana