Before the trial the lawyers for both sides, Irving and Hutchinson, agreed to keep the trial date close to the New Year so that the jury pool would not have time to be tainted by either side. Nevertheless, the jury consisted entirely of Protestants ruling on an Irish Catholic defendant. The lawyers also agreed to drop William Donnelly's testimony about the death at Whalen's Corners, as it was decided it would not be necessary until the potential trials of five other defendants, which would only take place if James Carroll were convicted.