The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-09-16
Court OF Oyer and Terminer.
Bshre Chief Justice EomoDds md Aldermen Kelly aud
Cbapmau.'

Chapman
THE prcIrIo1 IH THE CASE or THE coNyrcT HENRY
cArSE1L-REYrsAL OF THE MOTION ToE NEW
TRIAL.
SIR I5-crp.H ads. q. Pscpie.The Judge delivered
the following decision this daytime fscts on which
The trial y moved far established By the a
dsviis are simJly these: that while the jury
sultirg together Of them called the Officer having
them in charge and said TO him Ask the Court 70 seud
the Jury the statute or book contains the Law Of
mnnflsu2her; that the officer, after short interval
returned and said Julse Edmonas said they had nothing
70 10 with nans,ausher The ofcer IL struetsd
by the Court or any member Of Il, 20 make any commu
neaon to the jury bat !. 10 probable hough on tea.
the application for the book the Judge refused 1t In the
language used and the eer instead Of using TO speak
10 the jury he ought TO have done, having leave
fsom the Court rstesa Of saying 70 the jury, You
cannot have the book conveyed the refusal to the jury
In the words used by the Judge In to him. For the
the Jury without authority from the Co,irt-s new trial
ia moved for, ard the question Is whether the ire
susrity is enc which renders the verdict void II
srcb isie RUE Of law II must be enforced however
nntoward the event which works such result
OF the prisoners guilt Of murder not doubt can r. main
any -acnpi mind aud there j. every reason ssc 70
eitye that the crime perpc,rated white be was at
tempting othsr-that Of robbips h bcncfsecrs And
81, TOO Il IL equally manifest that II nse trial l.
granted. he must escape the punshment which thc isw
denc rnccs upop the crime he has committed for the
wtrtsss By whom alone the facts b. proved have
Il tn country srd returned to the interior Of South
Anerics whence their eitDony cannot be procured so
ssto be used he trial, And II u under such ercuH
stances TIA. the Court T. called upon 70 recognise the
ptncp;e that authorized communication 70 jury,
" tLr ccrs.sbe bavpr ii in charge nicrs their
verdict void II this be then Ia the due admnstFs
ton Of Justice under the control OF the Ignorance
or eo-rupon Of tho copstabies who attend the Court
thsn IN been hitherto supposed dismiss from view,
entirely the consideration how FAR the commune ison
naurr ed the Jury AMI for two reasons In the arst
Wills one OF the an iavs part Of the prisoner,
ccnvtys the idea that but for that communication one OF
the jur, r. could have reconcied 70 nis con
science 10 concur In finding OF murder the ahisvt
of The sam. Juror and those OF nine OF his coesgue
clearly establish that the jury we're already unsni.
crs In their opinion that the prisoner was guilty
81 murder; that The question Of mapsaughter vas ai-
t,ted an,org them merely from the rcpugnance 70 inc
taking ~ Human ifc ON the pert Of the juror ths s
az brm had previously very distinctly unieftooi from
The charge c the Court that there was no question 81
snssusht,r In the case ami that their verdict was IN
mo- respect affected ~ the communication Ana IN the
second Mace while the aiavits were admissible 70 prove
an improperly the part q the ccntsb'e they were IN
NO respect admissible TO prove any the part on Ju
ana "A would surely BE- imprcpricty m bgh chsrac
Ter fr iurv 10 take the law of case from the cons'a
lie al their door therefore examine the question ~
s naked aspect whether, ~ matter OF law such com
r,unesticn docs necessarily render the verdict void
l. rndo,lbcdiy true that any communication 70 ajur'
vcrct Il rendered will make void their verdict anc
| tIa, no matter whether II had any effect upon tnc
msrds or not for the best Of reasons that u Is .nu
alone the purity o. tho trial by jury can DC presveu
put We were shown case, though We ask'd LOT one
vhete such an effect bss ever been given 10 comnu
| n,cetion mad BIZ the losing party, or by Nrsngc
to Che co,,royc,sy; nor by mr. own researches
and spv such: and. suppose, for sn equally goc'
ressonshss II would be giving TO- intern ed.rs powe
| and control over the Administration OF lusuos ,n4
asslgd svea - .hs courts. u no' s'TA 'n1s