Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1799-05-27
Domefic News.
ssrs se-.eD-c>eac
PA1LAnEL pHIA, MAY fe.
CIRCUIT COURT.
UulrED STATES Vfyjas JONI Fans.
MOTION FOR A NEW TRIAL.


Lewis on three grounds Fnlt becaufe John
Rhoad one of the jury, had made ufe of words
exprellive of an improper biass importing thai
tie prifoner, and all others concerned in the in
furreaion, ought to be hung and that otherwfe
he could not live with fafety at his own habita-
| tion.-This was proved by the depotition of
three perfons two of them to one fact, and the
third to another opportunity, at which he uied
limi!ar exrrellion.
Secondly, Becaufe the Martial had returned
the PANEL from fuch parts of the diGrid as he
thought proper, and without any fpecial in
erudions from the court, and had returned 88
perfons on that PANEL inltead of 60, the proper
number.
Thirdly, Becaufe the trial ought to have been
had in the county where the crime was com-
mitted. The rwo fra were United on, the
latter merely ufed to fuPport the argument of
the fecond, becaufe it had been previouly dc.
cidei againit by the court.
Mr.. Lewis Introduced variety of law au-
thoii.ies to fnpport the motion, with were re.
butted by Mr.. Rawle. Mr.. Sitgreaves fpoks in
eppoftion to the arguments of Mr.. Dallas.
The depoGtion of Mr. Rhoad was introduced
and fworn to before the Court, relating the
iubttance OF the converiation in very different
expeditions from what the other Opponents
iwore.
Yeferdsy morning the jury gave in The following
verdict in the cafe of Chrtian Ruth and FIVE Others
on an indictment for reieue confpiry, &c.
Chriifian Ruth, gully Of the third count only-(Ref-
cue
Daniel Schwartz, FEM guilty of the fri eoun, only
(Conipiracy)
Daniel Schwartz, jun. not guilty. generally.
Henry Stahler, guilty Of the third count only-(2ef-
cue)
Henry shifers, gully Of the third count only-Ref-
eue)
George shaefer guilty Of the FRI and fourth count,
only Confpiracy and obfruGtion of Projects
MAY Is.
Yenerday morning, in the Circuit Court,
MIR. Lewis refnmed his pleading in behalf of
new trial for John Flies which being concud.
ed, after taking fome time for confederation,
Judge lredell delivered his opinion on the feveral
reafons which had been aligned by the Council
of the prifoner, as ground for their motion.
He believed that though The Jurr, Mr.. Rhoad,
might have made the declarations which had
been aicribed to him by the feveral witnefes
who had been examined, refpeaing the punh-
ment which the priioner at the bar and others
deierved, without any bad intention, yet he
confdered them fuch aswould have been Deem
ed fuffieient, had they been made known before
the trial, to have disqualified him as a Juror
(fincc they were evincive of his having made up
a decided opinion on the criminallty # the per
ion whom he was called upon to try and, there
fore, that his having made them, afforded a
iufficienr rcaion for granting new trial. The
Judge examined all the other additional rcafons
which had been brought forward in fupport of
the motion for a new trial, which, without the
fri, he ihould have confidered as unavai ing.
Judge Peters declared hime to be of the fame opin
ion with Judge IredcI with refpea to all the realons
which had been aligned for trial, excep, the rf
but, in relation TO that he differed with him Though
he could not doubt Mr. Rhoad had made ufe of the
expeditions with which he charged yet, in forming
opinion upon 20 public topic he bad done no more
than mon other had done and in doing which he
did not think il appeared that he had evuced any
malice sgain the proner, and therefoe that the opn
ion could have had influence in his deciGon upon
this trial. Indeed it his opinion that the tr al had
been perfectly fair, and that tria ought not to
be granted but, knowing the confequence OF div
hon Of opinion the Court, would be to defeat thu
motion under confederation knowing alto the putin
mcnt which all be inflicted upon the prioner at the
bar, will have the better effect public example,
when i: fhal appear that every objection to the fair
nels of hs tia a have been obviated he yielded to
the opinion of Judge lredeI, and conlented to new
trial being to be had 4 -.
This trial cannot. of courfe take place till the
next Circuit Court, which will be held in Oetober