M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1855-01-05

she discovered the fact, she made him
return and replace it, just where he
found it,
II Judge Flynn does not grant a new
trial, he will be apt to sentence the
prisoner, as soon as the motion is dispos
ed OF, probably this evening or to.mor
row morning. IL the motion for new
trial fails, application may be made to
higher court through writ of error, OF
the executive clemency solicited. The
prisoner still! insists upon his innocence
The Motion for a nsT trial ouerruled!
The Prisoners Statement! Sentence
of death Passed!
Yesterday afternoon the motion for a
new trial was argued before Judge
Finn, Mr.. Dickson and Judge Johnson
appearing for the prisoner. MIR. Pruden
declined replying on the part OF the
State. The basis Of the motion was as
stated above. Judge Finn gave notice
that he would take the subject into con-
Sideration and announce the decision to.
day.
The court was no sooner opened at Q
o'clock, this morning, than every inch
of space was filled with spectators. The
attendance Of members of the bar was
large. The prisoner was brought into
court and seated on the prisoners bench.
We noticed no particular change in his
appearaCe, except that he was more mel
ancholy than usual. His brother seate d
him self beside him, and the two were
engaged in close conversation for long
while.
His Honor did not appear with his
usual prumptness, and the dense mass
.of spectators were kept waiting bout
an hour and half. They exhibited a
remarkub Bile degree of patience. His
Honor arrived and the court wa opened
At half hast 10 o'clock.
MOTION FOR NEW TRIAL.
Judge Elinn IengthiIy reviewed the
aTgumeat. The fret point, namely; that
new and importan: evidence had been
discovered, was disposed Of, as not com.
ing within the established rales Of law,
and wus OF such character that it could
not possibly effect the case. On the
second point, that the verdict was con.
trary to the evidence, the Court unheSi.
tatingly declared that the verdict was
IN accordance with the testimony, and
did not see how the jury could in hon.
es,y have done otherwise. After review
lug the third point, the Court oyerruled
the motion.
Mr. Dickson gave notice that the de q.
tense would except 10 the ruling Of the
Court.
THE PRsoHER's DEFENSE.
The prisoner was then ordered TO stand
up. The Court informed him that he
had been indicted under il section Of the
statute, which was read, for the murder
of Isaac Allison. He had been tried by
an impartial jury OF his country men. and
defended by competent, Jealous cousel,
and the jury had found him guilty.
Alter the verdict had been read by the
clerk, the Court asked the prisoner if
he had anything to say why sentence
should no! be passed upon him.
Ai;er pause Of two Or three minutes,
the prisoner, in cool, determined man.
ner, and with Steady voice, said he
lelt that there were many things which
ought to be said, but he did not fell lias
imposing GGPvn Inc good nature of the
Court. Something, howeve, he would
say: he had hoped for a new trial; not
for the sake of gathering time to draw
out miserable existance in the Jail Of
Hamilton county; such, certainly, was
not desirable.
He presumed that it was not the de
sire OF this community to put a man TO
death who felt himself innocent Of the
crime with which he was charged, and
he was sure if he had time he should
sustain his innocence. lie believed it
WIS generally admitted that time only
tended to substantiote gailt, but he ASA.
ed for time, that he could show his in.
nocence. In the FIRST place, as to the
beautiful net work, which seemed to
take So with the jury-he thought he
could break that.
He did not show where he was during
the time when the box was being made,
because he did not know until it was too
late, that it was necessary. He though {
he could show where he was and what
he was doing during all that time, if he
now had the opportunity. He had no
aGidaviIs TO that effect, but he could gel
them.
amv,ber thing. He wished it under.
stood that while in Jail he kept out OF
:he way OF no one On the contrary, he
always said il any witnesses could iden
ti(y him, he would submit TO the ordeal
Now, Mr.. Mccullough had said he re.
cosuiled him in Jail, while standing b.
The stove. lie did not want TO bring
witnesses out of Jail, but he could prove
that he was Hot standing there at the
time. He thought witness ho nest, but
mistaken.
There were other things which ought
to be brought 10 the attention of the
court, and which were in his favor. lie
battered himself that he could prove.
beyond all doubt, that he never gave
that box to those boys. Whether Thai
would have any effect, he did not know
enough OF law to say, but he thought it
would break The beautiful chain OF tes-
timony upon which he had been found