The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1826-10-26

ed in this town, on Monday last agreeabiy 10
adjournment. Our readers will recollect
! that at the commencement Of the term in Au.
gust last, we gave full account of the trial Of
Sarah Brooks, alias Sarah Rowland, a colored
woman of Tivcrton, indicted for and found
guilty Of the murder of Daniel Charles We.
at the same time published tho grounds upon
Which the Counsel for the prisoner then NOV
ed the Court for new trial which were in
substance tho following
First. hat the Court would not permit
Pardon Gray to be examined as a witness re-.
lative to complaints made to him, as President
of the town Council of Tiverton, by the pris-
oner at the bar against Tom Brown, the prin-
cipal witness on the part Of the government.
Second That tho Court refused the prison
er's counsel permission to read work, called
Becks Medical Jursprudence--no would
they hear argument in regard to its admlssi
bility
Third That the Court refused on applca
ton of tho prisoner to suffer the Jury to be
polled.
Fourth That the Court sent a written COM
munication to the jury, whilst celebrating in
their room on the cause committed to them.
We stated on former occasion, in refer
ence 10 this last ground, that the jury, late in
the night, wrote billet to the Court, request.
ing concise definition Of the terms 4" murder,
and manSiOughter" that the Court proceed
ed from their lodgings to tho courthouse, and
there wrote the definition Of those terms, and
sent it to the jury by the officer charged with
their custody.
On opening the motion Cor anew trial, Geo
Turner, Esq the junior counsel for the pris
oner, addressed the court, and had not proceed
ed far in recapitulating the circumstances of
the trial, when he remarked, that the counsel
for the prisoner were still ignorant ofthe con
tents ofthe paper which the court had sent in
to the jury. The Attorney General then sug-
gested, that they had now arrived at that
stage of the proceedings, wien it seemed pro-
per that the communication referred TO should
be produced in court and made part of the
record. His Honor, the Chief Justice then
observed, that the contents OF that paper had
been, IN substance, correctly stated in the pub
lie prints at the time the trial was reported !;
but be hold tho communication in his hand
and would read it.
The counsel for the prisoner then moved,
that the paper communicated by his Honor, be
'ade part ottheir motion and this being as
,onted to by the court, n new and fifth ground
was raised for a new trial viz that the Court
Iad misdirected the jury in a matter of law.
'lr. Turner then proceeded with his argument
'ad stated with distinctness and precision the
merits of the motion and the numerous and
rogent authorities which could be brought to
sioport it, He was followed by the Attorney
denerai "a. &. uteeno, Esq in an extended
ana luminous argument ofgrcat ingenuity and
Gree, and which aimed at evading the appli
cation OF the grounds and authorities which had
"een urged for the prisoner. Col Randolph
closed in bchalfoftho application, in speech
ot'two hours in length, in which the legal
rights ofthc accused were maintained with en-
ergy and feelng--and as the result proved, TO
tho conviction of the court
1t is but justice TO say, that the court mani
tested the utmost solicitudc Co arrive at a cor.
rect conclusion through the whole orthc arpu.
ment, and gave patient and candid attention
to every thing that was urged for the motion
and against il, and with due consideration to
the decPintcrest which the prisoner must have
iel, in It's ultimate fate
At the opening of the court, on TUESDAY
moming, the chief Justice observed, that the
court had given full and mature considera-
tior to the arguments and authorities both ofI
thegovernment and the prisoncr--and after
caniul'y weighing the Importance of all orl
then--they were induced by considerations
connected with the fifth and last ground of,he
mohon, to determine that the motion sbould
prevail, and that new trial be granted TO the
prioner.
Inc prisoner was then remanded to Jail to
take her trial at the next term ofthe Court in
Mach ensuing.
The court has since been busily engaged in |
the trial OF cases on the civil docket
--eAe-.-
ny the advertisement in this DAYS paper !
our readers will perceive that Monsieur
lie fevre, has engaged the Theatre for
short season, for the purpose of exhibiting
h's extraordinary and beautiful fcats Of
dexterity. All those who have witnessed
his performances have been highly pleas
ed, and have unreservedly expressed their
admiration ofthe mastcrly skill that he dis
plays IN the very difficult accomplishments
10 which he has attained. The fare is rea.