Wheeler and James CoopeR Court adjourned, in order to give the sheriff time to summon the forty jurors whose names were drawn Upon the coming in of the court, the sheriff returned that he had summoned all of the forty jurors whose names were drawn that could be found The defendant's counsel interposed a challenge to this array of jurors, in the words following: The defense claim that it is not a denial of facts, and should be made more specifiC The Court: My opinion is that the denial is sufiicient.

Exceptions taken by defendant.

S.

C Taber, sworn, as to the matters alleged in the challenge and denial: Mr Smith: You are the deputy clerk of Chemung county? A Yes, siR Q You have been since what time? A Since the first of January, 1865 Q Have you had sole charge of the clerk's office since that time? A Yes, siR Q The clerk himself has not attended to the duties of clerk? A He has not Q Prior to that time you had resided in the village of Elmira? A I moved from Horseheads about that time.

I had previously lived in Elmir A Q You once conducted a newspaper in the city of Elmira will you present the jury list for the town of Elmira for the year 1863? A I have it with me.