It being announced that this extraordinary and mysterious tragedy would be brought to trial this morning, the court-room was densely crowded. Judge Smalley said he was informed by the District Attorney, that there were a large number of witnesses for the prosecution, and as the District Court was larger than the Circuit room, the proceedings would be conducted in the District Court-room.
There were several women in court who are to be examined as witnesses.
The prisoner stands charged with having, on the 21st of March last, made a violent assault on George H. Burr, on the high seas, on board the sloop Edwin A. Johnson, and there feloniously and piratically carried away the goods, effects, and personal property of the said George H. Burr, who was master of that vessel. The property consisted of about $150 in gold and silver coin, a watch and chain of the value of $26, a canvas bag, a coat, a vest, one pair of pantaloons, and a felt hat. The second indictment is the same as the first, but charges the felony to have been committed in the lower bay.
The prisoner was also indicted by the Grand Jury for the murder of George H. Burr, master of the Edwin A. Johnson, and two seamen (brothers) named Oliver Watts and Smith Watts. As robbery on the high seas is piracy, and punishable with death, the prisoner was placed on trial now for the robbery only.
The prosecution was conducted by ex-Judge Roosevelt, United States District Attorney, and Messrs. Charles H. Hunt and James F. Dwight, Assistant United States District Attorneys. Messrs. Graves and Sayles defended the prisoner, who was unchanged in appearance, and exhibited the same cool demeanor which had marked his conduct throughout the whole case.
The following Jurors were empannelled, after some challenges, and some being excused for having formed and expressed an opinion:
1.
Bernard McElroy,
2.
Owen Foley,
3.
John Coulter,
4.
Geo. W. Jackson,
5.
Jas. C. Rhodes,
6.
Isaac Jerome,
7.
Andrew Brady,
8.
Robert W. Allen,
9.
John Farrell,
10.
James N. Fuller,
11.
John McCalvey,
12.
Benjamin Sherman.
The following gentlemen were rendered ineligible, having formed and expressed an opinion in the matter: William A. Martin, Jos. J. B. Delvecchio, Dwight Johnson, Samuel Carson, Geo. Burbeck, John Latham, Thomas M. Clarke, and John Green.
The following gentlemen were challenged peremptorily by the prisoner’s counsel: Robert Goodenough, Geo. H. Nichols, A. B. Lawton, and Oscar Johnson. Daniel F. Leveridge was challenged for favor.
Mr. Dwight proceeded to open the case for the government.