The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-18
Sentence of Misunderstanding Proceed

from the Washington Republic, June II
Messrs. Thompson and Darlington, in the criminal
court, yesterday morning called up their motion
heretofore made, for a Rev trial of Daniel T. Wood.
ward, who on Thursday the gth inst, was convicted
of killing his wife by shooting her the Gath of
December last. The following are the grounds on
which the motion was predicated, namely
i. Because the verdict is contrary the II and the
evidence 10 the case In that the inference Of his guilt
dec not exclude every other inference; tho evidence
ing as 1t does that the deceased might could have
killed herself that some other than the defend
ant might or could have killed her or that she might
have been accidentally killed. that shs might
been killed by defendant Tin transport of passion which
for the time controlled his conduct, and with adequate
provocston," and thereby reduced the ne '.man.
slaughter, instead of murder.
2 Because IL is believed and proposed TO show that
according 10 the declarations and OF one or
of the jurors upon the trial they the said jurors
agreed and determined tn cir said verdict of guilty
immediately after the close Of the evidence in the
and before The court instructed them to the Ia OF the
case and before the accused thereafter had the assist
ance of council for his defence. =
g. Evidence discovered since the trial. and which the
utmost diligence Of the prisoner and his counsel failed TO
discover previous TO the trial. and which the prisoner
and his counsel verify believe would have led to different
verdict had IT been adducsd upon the trial, and which
they expect to d.duce and thereby delen.
dict upon new trial If granted said evidence being
the full effect that the prisoner has. within the last
twenty years been far unsound mind ire.
quently If not uniformly, to be wholly un conscious
and irresponsible bis acts said unsoundoess Of mind
according to said evidence being attributable in pact al
least, to dsappoin in love and religious
Messrs. Thompson and Darlington severally ad.
dressed the court in favor OF the motion.
Mr.. Fepdan replied; and
The Court, after reviewing the premises, overrued
The motion.
After the lapse of few minutes, Judge Crawford
asked, Daniel I. Woodward, have you anything to
say why the sentence of the law shall not be pro-
p0unced by the court 2"
The prisoner, who had risen In the dock and was
leaning upon the rail replied III firm and audible
voice, !" / have, your Honor All eyes were now
directed towards him and there was more than usual
quiet in the court room. He continued -
am not guilty II the charge bsoJ ght against me.
did not cause the death OF my vile. Tue witnesses
against me to fsisehoods. Ny wfes feelings were
wrought nby her her DO nos deny that there had
Been dinercpces between She knew never raised my
hand 10 her unless provoked 20 degree that did
not know what was aoout From the frss day of
DUE marriage, until her death knew that she was
going deprive herself Of existence On the evening Of
the 2d OF December, Hilton to the hoase for me-
do not recolect the hour; and found my way to the
nasstrats's ONCE asked what the matter squire
Drury said had uttered abusive language repied 7
did not know that had except talking roughly lie them
said would leave the pistol might 90 home Tat rst
hesitated but finally gave up the pistol Hilton said 70
aston that Mrs. Woodward afraid Of her husband
end "yep Are single man, and can go homo With