Legal Opinion

People v. Mather

New York Supreme Court

Decided May 15, 1830PublishedCited by 218 opinions

This case was tried at the Orleans circuit in November, 1829, before the Hon. Addison Gardner, one of the circuit judges. The trial occupied ten days. The defendant was indicad as a conspirator in the abduction of William Morgan. The indictment contained six counts, but three of which, viz. the second, third and fifth counts were relied upon at the trial.

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This case was tried at the Orleans circuit in November, 1829, before the Hon. Addison Gardner, one of the circuit judges. The trial occupied ten days. The defendant was indicad as a conspirator in the abduction of William Morgan. The indictment contained six counts, but three of which, viz. the second, third and fifth counts were relied upon at the trial. The second count charged, that on the 13th September, 1826, at Gaines, in the county of Orleans, the defendant, with divers persons unknown to the jurors, did conspire, combine, &c. to assault William Morgan, and falsely imprison him, and to…

1Opinion of the Court

By the Court,

Marcy, J.

The objection to the decision of the circuit judge in setting aside Stephen Martin, junior, as a juror, is, that the facts did not disclose a principal cause of challenge to him. The law relative to this point has been so recently and so fully considered by this court in the case of Vermilyea and others, (6 Cowen, 559, and 7 id. 108,) that we are saved the labor of going back to the old cases to search out, amid "their contradictions, the proper rules to gov*239ern our decision on this part of the present application. This has been done, as I conceive, in a very satisfactory…

2Cited by218 opinions

  1. Counselman v. HitchcockSupreme Court of the United States · 1892
  2. Brown v. WalkerSupreme Court of the United States · 1896
  3. Callanan v. United StatesSupreme Court of the United States · 1961
  4. Spies v. PeopleIllinois Supreme Court · 1887
  5. The People v. . CookNew York Court of Appeals · 1853

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