Deponent further says : That the trial first had upon the indictment against Lewis Baker occupied more than a week, and that the evidence and speeches of counsel were steno- graphically reported for and published in all the city news- papers, and to deponent's belief were very extensively read in this city ; that the merits and demerits of the said trial were very extensively discussed in public and in private, and the editorial comments in the newspapers, both for and against the prisoner, were frequent and pointed in their expressionS That, in the opinion of this deponent, a jury which is at once impartial and intelligent cannot be obtained in the county of New- YorK I, Henry Vandervoort, Clerk of the Court of Oyer and Terminer in and for the city and county of New-York, at the request of the district attorney, do certify: That at the April term, 1856, of the Court of Oyer and Terminer, twelve hundred and fifty jurors were summoned for the purpose of trying an indictment against Lewis Baker for the murder of William Poole ; about four hundred appeared ; two hundred and twenty-two were set aside on challenge, having formed or expressed an opinion as to the guilt or innocence of the prisoner ; three were peremptorily challenged by the pri- soner, after passing the ordeal of principal challenge and challenge for favor ; twelve jurors were sworn *in chief; the remaining jurors were discharged, or excused by the court for various reasons, or were not drawn, there remaining in the ballot-box, on the completion of the jury, about twenty ballotS Given under my hand, and attested by the Seal of the r said Court, this seventh day of May, in the year one thousand, eight hundred and fifty-six.

The points of the argument sufficiently appear in the opinion of the court.

S B STRONG, JThe defendants stand indicted for the alleged murder of William Poole, in the city and county of New- YorK The indictment contains as many counts as there are defendants respectively, charging each as primary, and the others as secondary principalS The first count charges the defendant Baker as the most prominent actor, and the others as being present at the scene of the murder and aiding and abetting hiM He elected to be tried separately.

He was first tried at a court of Oyer and Terminer, held before Judge Roosevelt in the county of New- York (where the venue is laid and the indictment was found), in December last.

The trial lasted nearly a fortnight, and resulted in the disagreement of the jurors and their discharge.