American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1823-11-07

o that service uncomfortable and barren OF all re
ards but an ignominous death, he hadtransferret
talents to more promising and less periou.
,ens. The defendants are both below the mddl,
H.. Haskell is Salem man, near fifty years o
- and uncommonly slender, with copous indica
Ions of hard service upon his whole frame. Fran
waw is native of the Isle OF France, and about %
ears old.
The evidence having closed about three o'clock
he court adjourned until ten O'Clock on Friday
ornine, when the district attorney commenced
is argument in support OF the prosecution. The
ounse for the prisoners followed at full length, on
ob law and facts; and we're replied to by the dis
ict attorney. AT four O'Clock his honor Judge
Iyashineton delivered his charge to the jury, init
hating decided opinion that the prisoners should
convicted on the first count of the indict-
Fent, and leaving the other counts to the jury, 10
\ governed by the evidence. Ateight O'Clock the
hme evening, the jury returned verdict of guilty
4 The first count. Before the verdict was record
d the counsel for the prisoners expressed an APP.
ehension that one point in the charge of the court
lad been misunderstood by the jury; and entered
bio an explanation, which was objected to by the
s,ric, attorney, but allowed by the court. One
The Jurors then expressed his dissent from the
erdict which had been given, believing. he said,
hat the prisoners conduct had arisen from fear
The court remanded the jury, and adjourned until
he following morning. At eleven O'Clock the next
honing the Jury again came in, and again dev-
red verdict Of guilty.
The counsel for the prisoners, having heard that
NE Of The Jurors had become insane since the last
dournment, required that the Jury be polled up
which the individual alluded 10 exhibited, by his
nswer, such decided proof Of mental arrangement,
hal the court refused to record the verdict. The
drict attorney now suggested that the insanity OF
j. Jury had probably arisen from want oil food, and
IA! il refreshment were allowed, he might recover
efficiently TO perform his duty. But the counsel
pr the prisoners did not feel themselves at liberty
agree to this proposal, declaring their dcterm-
alon to leave the possibility OF whatever might
y done entirely with the court. The distric. at
orney then offered to discharge the jury by agree
bent, but this also was declined. The jury was
hen remanded until the court should determine on
he most advisable course.
1t would seem also, that the Juror who dissentcd on
he evening before had not altered his opinion, but
lad been induced 10 agree to the verdict oil guilty
nler the impression that written statement oil his
rvs, which he had prepared, might be permitted
accompany l..
4 Attwo o'clock they again came to the bar, when
court discharged the jury, it being expressly
Understood, that such discharge was without the
onsent OF the prisoners counsel, and directed the
ause to be tried anew.
On Wednesday the twenty second, the prisoners,
eng again called to the bar, offered by their coun
ela special plea, setting forth the particulars OF
be former trial, and praying discharge on the
pDstuuonal provision that no man shall be twice
jeopardy Tor the same cause. and alleging the
Nhargs Of the former Jury as equivalent 10 al
Equital. TO this plea the attorney OF the United
aes demurred, and the court directed an argu-
ent on Its validity, which consumed the remain
Fr Of the day. On the following morning, the
but delivered a learned and elaborate opinion,
'eHulIng the plea of the prisoners, and directing
e trial to proceed. This opinion was principally
ected 10 two points | that the lives OF the. pri-
Fners had never been in Jeopardy, as the word is
Iped IN the constitution and by the common law ;
that ,h4 insanity Of juror is one OF those cases
necessity in which the court may exercise
und discretion to discharge jury, il being essen
q or due administration Of justice.
great difficulty now arose in procuring jury. The
enptoy challenges, to which the prisoners were EMU
ri5y law, exhausted the panel before the number OF
eye completed. The marshal was then directed to
khe doors, and chosoe the remainder from among the
SANDERS Almost every individual thus called had al
Iy formed or expressed an opinion upon the merits o.
case that it was not till one o'clock, and not unit
W.T. thirty individuals had been rejected that the jury
ld be formed The evidence upon the second trIa
ay correspondent with that in the former. 1t was, how
cF, rendered tragcay interesting by producing
shirt which the captain wore when he received his
htS, and which was as completely covered WIN gore
II ithad been stepped in a caudron of blood. The
uscoat, which Smith had when the captain shot at
M was also brought forward and Showed conclusively
he must have been dying man before he was thrown
erhoard. The whole charge Of the gun had entered
right breast, and he to the captain at the
nc he fred that the waistcoat, which lie threw OFT the
slant ,ant lie was struck, was scorched by the powder,
Arguments of counsel were conducted with increas
interest, and lasted until three o'clock on Saturday at
aeon, when Judge Washington delivered the charge
court in nearly the terms as before, intlmatlng
@aT opinion against the prisoners on the first count
ne jury again withdrew, and the court adjourned unit
emng TO receive the verdict, If they should have agree.
hat time. In The evening great crowd assembled
tS'hsanding the unfavorable state Of the weather t
Cav the result of the trial. The jury came IN wthou
wing agreed, and anxious to receive further instruction
@ the court, Judge Washington repeated portion
charge and they again Withdrew. They then sent u