PAPERS ON APPEAL. 275 



such case made and provided, and against the peace of the People 

 of the State of New York and their dignity. 



And the said Daniel Schrumpf afterwards, to wit, on the first day 

 of December, in the year of our Lord one thousand eight hundred 

 and seventy-six, at the place last mentioned, before the said Justice 

 above named, came in his own proper person, and being brought to 

 the bar here in his own proper person, and arraigned upon the said 

 indictment, and having heard the said indictment read, and being 

 asked whether he demanded a trial upon the said indictment, 

 answers that he does require a trial thereon, and says that he is not 

 guilty thereof ; and thereupon for good and ill is put upon the 

 county. 



And Benjamin K Phelps, Esquire, District Attorney for the City 

 and County of New York, who prosecutes for the People of the said 

 State of New York, in their behalf doth the like. 



And afterwards, to wit, at a Court of General Sessions of the 

 Peace held in and for the said City and County of New York, at 

 the City Hall of the said city, on the twenty-eighth day of Decem- 

 ber, in the year of our Lord one thousand eight hundred and sev- 

 enty-six, before Josiah Sutherland, Esquire, City Judge of the City 

 of New York, and Justice of said Court, comes the said Daniel 

 Schrumpf and the said Benjamin K. Phelps, Esquire, District At- 

 torney, likewise comes. Therefore let a Jury thereupon immedi- 

 ately come before the Justice last above mentioned, of free and law- 

 ful men of the said city and county, each of whom hath, etc., by 

 whom the truth of the matter may be better known, and who are 

 not of kin to the said Daniel Schrumpf, to recognize upon their oath 

 whether the said Daniel Schrumpf be guilty of the misdemeanor in 

 the indictment aforesaid, above specified, or not guilty. 



And the Jurors of the said Jury, by William C. Conner, Esquire, 

 Sheriff of the City and County of New York, for this purpose em- 

 panneled, and returned, to wit : 



John Murphy, John A. King, Jr., John Carey, Jr., James McDer- 

 mott, John P. Winthrop, Isidor Busch, Thomas C. Lyon, George S. 

 Lester, Adam Brautigam, Emil Mayer, John Haug, Henry Morrison, 

 who, being called, come ; and who being then and there elected, tried, 

 and sworn well and truly to try and true deliverance make between 

 the People of the State of New York and the said Daniel Schrumpf, 



