The republic., 1851-08-06
Local Matters.


guilty or not guilty; and that the coVt answered
| them that they could find verdict Of manslaugh-
ter. He understood that the Courb by so stating,
merely meant that it in the p|wer oil the jury,
upon any indictment for muyder, 10 convict of
manslaughter He had lookeS Sinto the matter, and
desired now to suggest to me Court, that as, from
the evidence If the man vas not insane 1t was a
clear case Of murder, and II he was insane he
could not be guilty oSeither manslaughter or muir
DER whether a verhct of granddaughter, In such a
case, would be yeceiyed by the Court; and If re-
ceived, whether it would not be grounds for new
trial, as being against evidence. He then read the
| following extracts:
SIT il no excuse for killing man that he was
oul at night as a ghost, dressed VI white, for the
purpose of alarming the neighborhood, even
( though he could not otherwise be taken The
neighborhood of Hammersmith had been alarmed
| by what supposed to be ghost and, upon
| meeting with a person dressed in white immedi-
ately shot him Mcdonald, G. b., Rookie, and
Lawrence, justices, were clear that this was muir
| der, as the person who appeared as a ghost was
only guilty of misdemeanor, and no one might
kill him, though he could not otherwise be taken
! The jury, however, brought in verdict of man
slaughter; but the court said that they could not
receive that verdict, and told the jury that if they
believed the evidence they must find the prisoner
guilty Of murder; and if they did not believe the
evidence they should acquit the prisoner. The
| jury then found the prisoner guilty, and sentence
was pronounced; but the prisoner was afterwards
| reprleved."-l Russell on Grimes, $40.
+ Also: Sand if the jury bring in a verdict of
manslaughier in case which clearly amounts to
murder, the court should not receive the verdict.
| | Russ, ST.
The Court wns understood to say that the Court
would not interfere with the jury Ii was their
| province upon the facts and law to frame their
verdict, and it not for the Court to tell them
that the evidence authorized only verdict Of muir
der or acquittal. He was under the impression
that the verdict of the jury would not be disturbed;
| because he had decided and that when
there any evidence at all to authorize con-
viction the Court would not interfere with the YER
| dict.
| The matter here dropped.
| The jury, at twenty minutes past four o'clock
yesterday afternoon, sent down note to the judge,
| (signed by Samuel Wardel, the foreman,) re-
! quesing to be discharged, there was no hkeli-
hood Of their agreeing upon verdict and, in ad-
dtion, that they had been for more than two weeks
separated from their families.
| The Judge requested the bailif to return for l.
swer that he could not discharge them.
At five O'Clock the jury came into the courtroom,
| and took their seats.
Mr.. Fendall, the district attorney, was present,
and
| Messrs. Bradley and Morgan, the counsel for the
|
| A large number of persons were in attendance
Great anxiety was manifested to hear the YER
| dict; and the momentary confusion caused by the
entrance of the jury subsidized into brcathless at
| tention.
| The jury, having been called, were asked by the
clerk whether they had agreed upon their verdict.
| The foreman (Mr. Wardell replied, Guilty as
indicted" with recommendation to the Executive
for communication of punishment
The paper was read by the Judge.
The Court.-The Executive has such power.
| Mr. Bradley.-He has no such power Death is
the penalty.
! Mr.. Fendal-I ask that the verdict be recorded
Mr. Bradley.-I ask that the jury be poled.
The clerk accordingly commenced calling the
names of the jurors, and the following gentlemen
answered Guilty as their names were severally
called, viz: Motley L. Adams, Edmund Bradford
Samuel Wardell, and John d. Scrivener. Charles
Mann answered "Not guilty." This interrupted
| the call.
MIR. Bradley.-The jury must retire.
They did SO; and at fifteen minutes past six o. CLOCK
a message was received from the jury stating
that there was not the slightest probability of thci
agreeing now or hereafter, and that they woulc
have to remain in their room until the court anc
counsel shall agree to discharge them.
The prisoner was remanded, and the court ad
journed.
PLUMmER's ASSAULT ON A LITTLE GIRL.-Yes
terday, in the criminal court, Henry Plummer,
young yellow man, was arraigned the charge
of committing assault and battery on little
white girl named Mary Ellen Uniack, about tive
weeks ago. Mr.. Radcliffe appeared for the prose
cution, and MIR. Latham for the defence.
Mary was sworn and conducted to the witnesses
stand; when
The Judge asked, How old are you?
Mary.--Nine years and four months
The Judge.-Do you know what oath is
and what will become of you if you tell an un
truth?
Mr. Radcliffe THAT is about as we'll as any
body can tell it.
The Judge was satisfied.
Mr. Radcliffe opened the case, stating that the
grand jury had merely found true bill for as
sault and battery, although the defendants inten
was to commit an act Of the most dia bolica char.
acter-an act that stamped the villain with eterna
infamy. The father, he said, hearing of this from
his daughter, prompted by feelings natural to
parents heart shot the offender behind, instead o
| in the head.
rive may here say that dozen shot entered
Plummer's thigh just below the hip, after piercing
paper cigar box which was in the side pocket o
his coat. The grand jury refused to find bill
against Mr. Uniack, the father.l
The intelligent little girl told plain, earnes
story of the brutal manner in which the prisoner
conducted himself toward her, and her statement
evidently excited the strongest feelings of sympa
thy in her behalf.
The testimony of the father corroborated, in some
respects, the narrative Of the child.
Mr. latham asked a noetpouement of the case
Two of his witnesses were absent, and by these h
expected to prove that the prisoner had merely in
dulged in little innocent acts of fondness towards
the child, which servants often take the liberty o
doing. One of the witnesses had gone to Custis s
and the other at wedding last night
The Court-That's no reason why he should no
be here.
Mr.. Latham-I have attended weddings a
night and not been able to attend to business th
next day
The Court.-Tkat was Virginia froc.