Q. What was the number of your residence in Marcy-ave.? A. I think it was 119. Q. Where did you live in Paterson? A. I lived in No. 91 Jefferson-st. Q. In whose employment were you in Paterson? A. In Mr. Hoxie's. Q. In the same business? A. No, sir. Q. What business? A. Contractor. Q. What is Mr. Hoxie's first name in Paterson? A. I could not tell you. Mr. Evarts. We submit the question to your Honor. JUDGE NEILSON.-[To the Juror.] Take one of those chairs. A. R. CASE called and sworn on a challenge for principal cause. Q. What is your business? A. Druggist. Q. On your own account? A. Yes, sir. Q. How long have you been in business there? A. Four years on my own account. Q. Where do you live? A. In the same building. Q. Have you heard about this suit? A. Yes, sir. Q. Have you read anything about the controversy between the parties to this suit ? A. Yes, sir. Q. Have you read much or little? A. Considerable. Q. Has what you have read made any impression upon you? A. Yes, sir. Q. Does that impression still remain? A. I don't mean to say the same one remains that I had. Q. Have you an impression now as to the merits of the controversy between these parties? A. Very slight, if any. Q. Have you any, do you think? A. I think not. Q. You think you have no impression. You have no opinion as to the merits of the controversy between these parties? A. I think not. Q. No opinion as to which is right or wrong? A. No, sir. Q. You once had an impression? A. Yes, sir; a good many of them. Q. You fluctuated then. Has your opinion changed from what you have read during the progress of this controversy? A. Yes, sir. Q. You have had one last impression, of course. When did you get rid of that last impression? A. It is very hard to say. Q. Are you conscious when it departed from you? A. No, sir. Q. Are you positive that you have no impression now? A. As to the merits of the case, I am, sir. Q. None whatever? A. As to the truth or falsity of some of the newspaper publications I have. Q. As to the truth or falsity of the newspaper publications you have. Do you mean the statements of the parties? A. No, sir; I never read those thoroughly. Q. You have an impression as to the truth or falsity of some of the newspaper articles on the subject. Is that what you mean? A. Yes, sir. Q. Do you mean editorials? A. Yes, sir. Q. You have no impression as to the truth or untruth of the allegations made by these parties against each other? A. No, sir. Q. None whatever? A. No, sir. Q. Do you know either of the parties? A. No, sir. Q. You have heard of them, of course? A. Oh, yes, sir. Q. Have you any prejudice against either one or the other? A. No, sir. Q. None whatever? A. No, sir; not that I know of. Q. Do you belong to any church denomination? a communicant in any church? Q. Yes, sir. A. No, sir, I do not. A. Do you mean to be Q. Are you a member of any congregation? A. Yes, sir. Q. Which? A. The Ainslie Presbyterian Church. Q. Who is the pastor of that church? A. Mr. Buchanan; J. M., I think, are his initials. Q. Did you ever converse with anyone about this matter? I have, with a great many of them. A. I suppose Q. Did you ever discuss it with any person? A. What do you consider a discussion-remarks made by people? Q. No, sir; did you ever argue on either side with any one? A. To no great extent; customers would come in, and I have spoken to them, and another customer coming in it would be dropped. Q. Did you ever declare any proposition in regard to the merits of this controversy to any one? A. I would not like to say I have not; I have taken part in a good many conversations, and may have said a great deal one way or the other. Q. Did you ever avow any opinion in regard to the merits of the controversy in discussion with any person? A. I would not like to say positively either way. Q. What is your impression? A. My impression is that I have expressed opinions a number of times to different persons. Q. That is to say, you have expressed contrary opinions? A. I mear to say I have expressed different ideas in regard to articles that I have read. Q. Did you ever hold any discourse or discussion with any person with regard to the truth or untruth of the allegation made by Mr. Tilton against Mr. Beecher ? A. It would be very hard to say. Q. What is your belief in regard to that? A. I think it is very likely I have said there would be a great deal of difference between the evidence in the courts and in what had been published. Q. Did you ever express any opinion of your own during the progress of the discussion upon the main question? A. I may have. Q. What is your opinion-I mean what is your recollection of the impression? A. My recollection is not positive enough to say decidedly either way. Q. You can not say decidedly either way? have A. Such a mass of people Q. Is it not probable, according to your own conscience now, that you have expressed some opinion to some person? the statement? A. On the truth or falsity of Q. Yes, sir. A. I may have had at some time; I would not say I had or had not. Q. Can you not recall some person you talked the matter over with? A. I might recall a hundred. Q. Have you discussed it in your own family? A. Very little. Q. Have you talked of it in your own family? A. It has been spoken of. Q. Have you not expressed an opinion to some member of your family as to the truth or untruth of the main charge? A. I think not. Q. Is your mind now entirely free from any inclination toward one or the other of these parties in regard to the truth or untruth of the charge? A. Yes, sir. Q. The balance of your mind, so to express it, is entirely even, and does not incline one way or the other? A. I think so. Q. Have you any bias between them? A. I don't think I have. Q. Have you read any paper upon the subject of this case? A. The papers published? Yes, sir. Q. What papers did you read? A. I take The Tribune daily, and The Herald on Sundays; and I have read other papers. Q. Did you read all the discussions and speculations on it? A. In the papers ? Q. In The Tribune, for example? A. Yes, sir; the different editorials in The Tribune. Q. Did those editorials make any impression upon your mind? A. They probably did when I read them. Q. You don't remember when you got rid of those impressions that you had? A. No, sir; not at any particular time. Q. Can you recall the tenor and drift of any one article you read? A. No, sir. Q. In The Tribune-any one article? A. Not perfectly. Q. Have you any recollection? A. Not enough to state. Q. Do you remember whether these articles favored one side or the other? A. I think, at different times, differently; they took different sides at different times. Q. Have you talked with any one since you were summoned as a juror ? A. Not about the merits of it; I have talked about being summoned. Q. You have not talked about it since the trial? A. No, sir; customers make remarks to me in different ways, and I may have made some answer; I haven't had any conversation. Q. Has any person opened a discussion upon the matter with you since you have been summoned as a juror? A. No, sir. Q. When did you last read anything upon it? A. I can not tell; I read the papers every day--a portion of it. Q. Don't you think that you have read everything published in The Tribune upon it? A. No, sir; perhaps, every editorial published in The Tribune, but only portions of the different statements. Q. Did you read Mr. Tilton's first statement? A. Not the whole of it. Q. Have you read his letter to Dr. Bacon? A. I can't say positively; I might and might not. Q. Did you read Mr. Tilton's second statement? A. Not the whole of it. Q. Did you read Mr. Beecher's statement? A. Not the whole of it. One answer will answer for all-whatever has been referred to particularly in the editorials, I might have referred to and read. Q. You don't remember whether at the time you read those articles in The Tribune your mind concurred with the conclusions of the writer or not? A. I think the writer of them had no evidence to form such a settled opinion as that. Q. You have a recollection that you thought at some time the editor expressed an opinion that went beyond the evidence? A. I do not know that I considered that it was evidence he formed his opinion upon. Q. You thought the opinion expressed by him was baseless-unfounded? A. Yes, sir, to form so strong an opinion. Q. Therefore you still have the opinion that the opinion propounded then by the editor was unfounded? A. I don't think that I am competent to judge. Q. Were you competent then? A. I paid more attention then than I have since. Q. Have you changed the opinion you then had, that the editor went beyond the evidence? A. I didn't consider it evidence that he was talking on; I considered it merely newspaper statements. Q. Are you still of opinion that the opinion then stated by the editor was without foundation to stand upon? A. I considered it was a mere newspaper statement. Q. Is that your present opinion? A. Yes, sir. Q. Had you any opinion as to the justification or want of justification of the opinion propounded by the writer of the article, or the editor? A. Let me understand thoroughly. Q. You say you read Mr. Tilton's last statement? A. Not the whole of it. Q. Did you read any of the testimony disclosed before the Investigating Committee? A. I may have read extracts from it, the same as from the rest published. Q. Did you read any of the evidence developed? A. I say I may have read extracts from it, as it was referred to. Q. Did you read the whole of it? A. No, sir. Q. Did you read the report itself? A. I can not say. Q. Did you read the conclusion of the report? A. I can not say. Q. Do you know the conclusion of the Committee--that the report arrived at? A. Yes, sir. Q. Did you, when you read that, have any opinion touching that conclusion or not? A. About as much of an opinion as I had of the rest that was published. Q. What was that? A. That it was not the same as evidence in court. Q. You have no opinion whether the conclusion arrived at by the Committee was correct, or justified, or not? A. Not to my recollection. Q. Do you remember whether the conclusion at that time accorded with your then conviction? Mr. Shearman.--That is asking exactly what the opinion was. It necessarily asks that; for the Committee, we all know, arrived at some conclusion. Now, the witness is asked whether his views accorded with that conclusion. It is asking him for his own conclusion directly. Mr. Pryor.--Not directly-pardon me; perhaps indirectly. We withdraw our challenge. Mr. Ecarts. We challenge the juror for principal cause. Q. Have you stated how long you have been in Brooklyn? A. With the exception of four years that I was in the United States service, since 1859. Q. During the war, you were in the United States service? A. Yes, sir. Q. As a soldier? A. Yes, sir. Q. In what regiment? A. In the Marine Corps. Q. That is the designation of the service? A. Yes, sir. Q. Who was your immediate superior officer there? A. Do you mean commissioned officer? Major Garland at the time when I first joined the service. Q. He was a Major in the Marine Corps? A. Yes, sir. Q. Was your service on shipboard always? A. Not altogether. Q. How long have you been a housekeeper? A. Nearly six years. Q. At the same place where you now live? A. Yes, sir; No. 482 North Second-street. Q. Of what members does your family consist? A. My wife and two children. Q. No other adult persons? A. With the exception of a servant and a clerk that boards with me. Q. So that there has been no opportunity for discussion except between yourself and your wife? A. That is all, sir. Q. You have no inmates there? A. Except the clerk that boards with me. Q. He is some of your family? A. He boards with me. Q. Have you attended this same congregation or place of religious worship during the whole of the time you have been in your present house? A. Whenever I have attended church anywhere, with any regularity. Q. Is your wife a member of that church? A. Yes, sir. Q. Have you a pew there? A. Yes, sir. Mr. Shearman.-Is your place of business the same as your house? A. Yes, sir. Mr. Evarts. He seems to us to be a good juror. JUDGE NEILSON.-Take your place. EDWARD WHELAN called and sworn on a challenge for principal cause. Mr. Pryor.-Where do you live? A. No. 558 Franklin-avenue, Brooklyn. Q Where do you do business? A. In Schermerhorn-street. |