The republic., 1851-09-09
hosAi matters.

CRIMINAL CoURT.-IHE MOTION OF THE CouN-
| BEL OF JoHS DAY FoR New TRIALy-Y Yesterday
morning, on the opening of the court, Mr. Brad
ley said that the petitioner had filed, among ets
the affidavit Of Richard Brooke, with regard TO a
conversation between him and N. L. Adams Zone
of the iurors) before the trial This conversation,
in which Mr.. Adams expressed himself adverse to
the prisoner, denied by Mr.. Adams under
oath, and efforts were made by the United States
to impeach the oredibility and character Of Mr.
Brooks But witness, who was present at Mr.
Adams's house at the time, has made an affidavit
fully corroborating what Mr.. Brooks testified.
That witness is MIR. William Spedden, of the Navy
Yard. TWAS for the Court to say whether the Rffi
davit should be filed now. 1t was bat Just to Mr.
Brooks that IT should be-
The Court replied that il might be matter Of
justice, but that ample time had already been al
lowed to produce affidavits.
Mr.. Bradley.--I suppose there would be no OBJ
lection 10 file it,
The Court thought not and Judge Crawford
proceeded to read his opinion, as follows:
The prisoner convicted, on the 9Th day of
August last, of the murder Of Catharine Virginia
Day, his wife. A motion made for n new trial,
which, after several adiournments of the court to
enable the United States and the prisoner TO pro
cure attldavits, and the examination of three wit
nesses the part Of the prisoner who were averse
|
| on the following filed;
\ i. That N. L. Adams, Of the jurors in said
case, did, before he was sworn as such, form and
| express opinion, he having said, with an oath
| to Richard Brooks, that ''a man who would shoot
| his wife, had shot his wife, AS John Day had
| done, should be hung without judge jury or
words to that effect. This has come to the know
1 ledge OF DEFENDANTS counsel since said trial.
2. That tue wife and daughter of MIR. Wardel,
one of the jurors in said case, did visit him, the
said Wardelh in private. after the jury had retired
| to make np their verdict; and upon one more
casions during said visits did talk with the said
Wardell concerning the said trial
3. That the said Wardeil did communicate part
or the whole of these conversations to Mr. Manu.
one OF the jurors in said case, telling him that the
people had said to his (Wardell's) wife and daugh-
ter that he Mann) had perjured himself on this
case, and urged this on the said Mann reason
why he should convict the defendant.
4. That newspapers containing remarks con-
corning said freely obtained by the Jury
after they had retired TO make up their verdci
and that one or more OF said papers contained what
was believed to be reflections on him (Mann) for
his answering "not guilty when the jury were
poled in court; and the said reflections were
pressed upon his attention by of the said jury
as reasons why he should convict the defendant.
8. That the wife of Charles Turner one of the
jurors in said case, visited him after the jury had
retired to consider their verdict, and conyereed
with him.
6. That there hereditary weakness of mind,
or insanity, in said DAYS ancestors has come 10
the knowledge of the defendants counsel since the
trial, this being new and important evidence
lst reason. Every accused of crime has
an undoubted legal right to fair and open trial by
twelve unbiased citizens. If one more of those
who were of the jury that has passed on his case
shall be proved to have said before the trial that
the prisoner was guilty of the offence charged, and
that he ought to be punished for it, or to have used
any other language showing prcdeter rmination of
mind, before going into the jury box, that the de-
fendant guilty, there has been such trial as
the law contemplates and gives; or, in the words
OF the Constitution of the United States, Cart. 6)
''by an impartial jury" It was said, in argument
by the district attorney, that on the circulation of
report of homicide, which will, like the atmo-
sphere, reach the entire community in which it oc-
ours, an individual may say that he by whose hand
it has happened should be hung, and instantane-
ously the thought pass out of his mind and he be
as free from bias his more prudent neighbor, who
has held his peace. This is possible; but who
| cept the Almighty can tell whether it be soi Not
| even the person who has used the expression
probabilities in the opposite direction Hypo-
thetica opinions entitled to different consde
ration, but even they are no recommendation Of a
Juror. Entire fairness Is OF the elements of the
| trial by jury, without which it has value; the
absence of it, like the of integrity in pri-
vate transaction, vitiates the whole proceeding.
What can justify the self graduation with which
we contemplate and speak of our possession of this
great mean of ascertainng truth, if the breath Of
rumor, having passed over jurors mind he
swearing Il at he will be guided by the law and
evidence of the case, enters upon the discharge OF
his solemn duty with fixed purpose Of convicting
| a prisoner On this supposition, it would be de-
lusive mockery, destroying the security of the in
nocent, and diminishing the terror of the guilty.
The legal question is not a new one. 1t has been
decided in numerous reported cases, and by this
court in the of United States v. Ignatius
Grimes, at December term, lS45 and United States
v. Mediperis, at December term, 1850, at which
new trials were granted for similar to that
now alleged.
1t ia the duty of the court to decide the matter
OF fact involved to weigh the relative credibiliy of
4 At
prisoner and to say whether, all the evidence con-
sidered, it is satisfactory of the existence of the
reason assigned. Richard Brooks swears that
night or two after Mrs Days death he in th e
bAr-room oil N. l.. Adams, one of the jurors, and
heard him say that man who would kill or strike
n woman should be hung, and he thinks he added,
he would act Jack Ketch for him. that other per-
sons were present, but he does not reco!iect who
they were. Mr.. Adams was examined on his voire
dire when the jury Being asked,
"Have you, at any time, formed or expressed an
opinion OF the guilt innocence of the prisoner
even entertained an impression which may iniu-
ence your conduct juror? Have you any bias
or prejudice on your mind for against the pri-
soner?" he answered in the negative. And now,
in his affidavit fled he declares the deposition of
X. Brooks TO be false in every particular; that he
b. has not been in his (A.'s) bar room since lst
OF May last, nor near his house, except about the
last of May, when the bar-room was closed, at
which time he and Adams, in the house passage of
the latter, conversed only about public meeting
at the Navy Yard; and he has heard that while he
was confined on the jury Brooks was in his bar
room; that he never has made any such remark,
any other in relation to Mrs. Day, the charge
against the prisoner at all similar to that imputed
to him in Brooks's affidavit to him or any other
person at any time place. It difficult to lima gne
what motive r. Brooks could have had to make a
false statement, for there is no connexon whatever
not even acquaintance, shown between him and
the prisoner, or any one who might be supposed to
feel an interest in him; while, on the other hand,
should think that Mr.. Adams would gladly have
avaed himself OF perfectly good reason for being
thrown out OF the jury if he could, on his voire
dire, have assigned it. The affidavit Of Mr.. A. is
supported by that of Philip Otterback, ir, who
testifes that r. Brooks was at his store on the
morning after the jury was sworn and empaneed;
their names were published in of the papers of
that cate, and being read off, conversation en-
sued as TO any of them having expressed opinion
on the case, when the deponcnt in sport, and III
imitation OF Mr. Adams's manner, said, Say say,
eernally--- if that man ought not to be hung;'
and r. Brooks exclaimed, 'Old Adams, by -
that next day r. b. being in liquor, came to his
(O.'s) store, and remarked to him, before any
other observation made by either of them, that
that he chad heard old Adams express an opn- |
ion;' that one day in an omnibus Mr.. Adams told