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several of the Jurors were set aside, added to the interest of the entire
proceedings. Among
the many leadingcitizens in Court, we observed Rufus Choate, Esq,, and
several others, who ,
seemed to take a lively interest in the proceedings. When the Jury were
sworn, and the Clerk
of the Court proceeded to read the indictments, the prisoner stood up in
the dock and listened
to the reading with marked attention. He betrayed the same degree of
firmness and resolution
which he exhibited from the time of his first entrance into Court, and
almost every eye was
turned toward him at the time. . The proceedings from the hour of the
opening of the Court, we
give below in detail,
Progress of the Trial-l:mpannellivis of tine Jury, &c., &c.
At nine o'clock precisely, Chief Justice Shaw, with the Associate Justices,
Wilde, Metcalfe
and Dewey, entered. Justice Fletcher was too ill to attend. For a few
moments a death-like
silence pervaded the room, and was first broken by Justice Shaw, who
ordered the clerk to call
over the names of the persons summoned to serve as Jurors in this case-the
number amount-
ing to 61.
George Pratt, Francis P. Wallace, John C. Tucker and Jim. H. Foster, sent
into Court cer-
tificates from their physicians, that they were unable to attend the Court;
on account of ill health,
and were excused.
Robert E. Newman, Charles G. Green, Esq., of the Post, James A. White
Sylvanus Packard,
George W. Thayer and William Duff, appeared and made oath, backed by
physicians' certificates,
that their ill health would not permit serving on the Jury without serious
detriment, and were
excused.
Peter B. Brigham made excuse that he belonged to the militia, and being
liable to be called up-
on at any moment, was therefore exempt by the statute from serving on a
Jury.
. ` James Ingersoll was excused on account of age.
John B. Orcutt and Francis G. Whistou made the same excuse as put forward
by Peter B.
Brigham, and the validity of the excuse was admitted, and they were
discharged.
Samuel D. Fiske made oath that he resided out of the county, and was exempt
from serving
on a Jury in Boston. He was discharged.
Thus making fifteen excused on the ground of inability and exemption by
statute. -
The State Attorney (Clifford) now moved that Professor WEBSTER be placed at
the bar for
trial. '
The Clerk of the Court having advised the prisoner that he had a right to
challenge peremp-
torily twenty of the jury, proceeded to call the names.
WILLIAM D. ADAMS' name was first called, and he was peremptorily challenged.
At this stage of the proceedings, Chief Justice Shaw addressed the jurors
upon what the sta-
tutes considered as disqualificatzons in a juror, such as the formation and
expression of an opin-
ion, prejudices, &c:, and instructed them to answer under oath, whether
they considered them-
selves as coming within the boundary of the disqualifying statute.
CHARLES H. APPLETON'S name was next called, but:he answered on his oath
that he had
formed an opinion and expressed it, upon the subject: Disqualified.
WILLIAM H. BADLY was next called, and was disqualified upon the same
grounds as Mr. Ap-
pleton.
Chief Justice Shaw again addressed the jurors, charging them, that if they
had any such
opinions on the subject of capital punishment as would preclude them from
finding a verdict of
guilty, under any circumstances, that they were disqualified by statute,
and were to make an-
swer under oath, whether or no such prejudice was entertained by them.
GEORGE BExcs was opposed to capital punislimeut-discharged.
JAwrs Bliss had expressed an opinion in the premises.
Joa-v Bc~nouGHSCALF was unbiassed-accepted and sworn.
JoxN BOwKFa, Jr., had formed afid expressed an opinion--discharged.
Hm Am BOSWELL was peremptorily challenged by the prisoner.
ROBERT J. BYRON, challenged.
B. CHANDLER, challenged.
GEORGE H. CHAP MAN had expressed an opinion, and was discharged.
D, F. CHILna was opposed to capital punishment-discharged.
JAmEs CROSBY was accepted, and, being unbiassed, was sworn.
THoAAi~s CuxNZNGHA_m-absent.
JOHN E. DAVENPORT-accepted and sworn. He acknowledged that he was somewhat
biassed,
though not enough to influence his verdict.
WILLIAM L. EATON-challenged,
" GEo. C. FROTIIINGIIAbi-challenged.
D. F. FULLER was accepted and sworn, being uninfluenced by bias or
subsequently formed
opinions.
C. B, GOULD-challenged.
B. H. GnEER-sworn ; attempted to be excused on the ground of opposition to
capital punish-
ment, but his excuse was not admitted.
DANIEL HALT-challenged.
ARNOLD HAYWARD was accepted and sworn; was unbiassed.'
F. A. HErtrvEasoiv-unbiassed ; accepted and sworn.
J. B. HUGHES entertained opinions against capital punishment, and was
discharged.
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