Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-04-28
MI ss;sss - 4
RICHMOND. April %.

The trial OF ROBERT GIBSON, AHA
CARLTON, for the murder of Peaiross
| came on before Judge Brocken5rsuoh, In
The Superior Court Of this county, on Fri
day the 18th instant, and on Satnrda,
morning, the jury found him guilty o
murder IN The first degree On the Mon
day following, Mr.. Erencis w. GiIner
who had acted as his counsel, by the re-
guest OF the court, stated that when the
, jury returned, lie SAM the former hand Ia
HE clerk, not only the indictment, bui
Tue record of the examining court, con
tanning The deposiiiois, or minutes Of e.
violence taken in that court. The clerk,
being called on, also siaiediliat be beiiev
cd The Jury did return 10 him the re-
cord. These statements being sworn TO,
The counsel moved Tie court TO award
subpenas 10 summon the Jurors 10 ap.
pear, aud declare OH oath, whether they
carried out with them those dispositions.
lhis motion gave-risc 10 a discussion be-
tween the Attorney General and Mr.. Gil
'ner, as TO the proprieiy CT inierrogating
The Jurors, touching any part Of their
conduct. The court, after hearing the
discussion, and examining lie coniradic-
tory decisions Of the English courts, and
taking view OF tl.e decisions on the Sab
Ieci IN the Cour; OF Appeals, decided that
lie jurors might be examined that al
tho The evidence oi Il small number of the
jury, proving misconduct in them, had
been adjudged Insufficient 10 set aside a
solemn verdict, Yet the evidence of the
major part OF the Jury, had been deemed
sufficient 10 autiioIize new trial ; thai
aliho' The danger of iampcrng with iu-
rors was much 10 be spprehended. yet
that danger was diminished. by increas
ing the number 10 be examined that TO
refuse their evidence in AL eases, was in
effect, to shut oul he Zig very frequent
~ from the only source, wheHce il conld
flow; That altho' examined, wet the court
would moi violate that rule ofIaw bvw hich
every individual Is protected from accus-
ing himself, but Thai questions might be
put to them, The answer TO which won a
not lead 10 self accusation, and if tbev
did, yet that the Jurors might be tispos-
Ell for the sake OF justice, 10 waive their
privilege. Process was accordingly a.
warded TO bring the jurors before the
court, and on FrIlay last seven of them
attended. u appeared by their ,estimo-
ny, that the record CONTAINING those mi
nuies of evidence, was handed TO them
by The clerk, together with the indict
ment: that ten of their humber immedi-
aiely concurrtl i'll finding the prisoner
guilty, one doubted, andhhe other differ
ed from his brethren lids was before "a
paper bad been opened tinding thew
couldno agree. in the COZ seof that night
and The next morning, sdne OF the iurv
read a part of the deposiions, and one
read the whole; still no clange was pro-
duced, nor was there AM change Till o.
Tier strong testimony wasIoard i'm open
court the next day, whengley agreed
They Jared that no ctect was pro-
duced on their minds by III dispositions.
and one of the two who dhgreed, made |
the same declaration.
The judge gave his epiunn on Satur- !
day last, in which I've said, That uljlio' he !
was satisfied the depositids col 10 tie |
jury by an accident, for pdher counsel |
nor court knew the fact, antthe clerk b, |
inadyerteRce, delivered th, paper togc-
iher with the indictment, ct that the
mode of their obiainingii ", matter Of |
no consequence, unless the Eisnuer had
himself delivered ii, in With case Inc
could not take advantage II his own
wrong: that if more of the iG had read
either ofthc dispositions, theIiict would
probably stand, because i'll tch case il
was impossible ii Should bav AN effect:
that point however he did not hem II ne
cessary to decide. The jury Ii some of
them, had, however, read impper test
m"ny. Every man, OH a crlnlal trial.
had right TO be confronted v{h his ac-
cusers and witnesses, On tbstrincipIe.
the written testimony of wihses Was
excluded from those ti'ais. lie prose
cutor would not offer such tesnony TO
the court-the court woulG neh receive
it. II such evidence were receed. the
Judgment would be reversed. I'm sure
ly verdict ought not to stand, hen the
jury have received such illegal lidence
without the consent or knowlct, of The
court. Alho' the jurors said tIidh de-
positions did not influence ihen.ud tlte
remaining jurors we're pr0babls;f The
same opinion, yet That its inhuen,niybt |
be impercepiible to themselves kat the !
court must be governed by genei priu-
cipIes, and that whenever illegaLr nm
constitutional evidence was rccci,l and
fead on criminal trials, HE erect that
evidence could moi lac cBquired 10 =
lie Veruicl was therefore SCI asl9 and
d ne" liai awarded. Ills wltahe
place al tie September term next.
Extract OF letter fiow Br. CORBIN DRAXIefateIv !
Of this CITY. dated I
- Netc ORLEANS, .4d5.
On The 9Th March our vessel tthe scin., I
Caroline, Capt Seymour from NOno,k,as 4
cast away on a most dreadful reef of liz .
called The Fish Keys AbacO, about IO0ice n
from the island OF Providence. AtgocItst o
night, going at eight or nine miles anholhfs n
struck aud in less tlan two hours Shtas 81
completely dashed 10 pieces. so that AN, i,
remained sn The wreck at ilc time had 10 H. n
The foremost 81 the vessel a. Our last resort /,
Fortunately I was among tile first. Wei
rot remained long u This situation beforM 81
wreck went completely over, and We WERE SC
down into the water waist deep iii which, h,
uation We continued will the sea rolling Il ! re
us from IL q clock at night til nearly n A AT
- 4 I 4.