, 1857-03-27

been rendered, the defendant e1cen,.s
the statement made to the iurv eu b 70
court. And thereupon the said iDr. tOs
their verdict against the said defendsIssS sS!e
words following u
I'VE the jury, find the defendant ,r,,
as charged in the indictment, and tSst ANY
suffer DEATH" ne
Whereupon, the counsel of the said l..
chi, defendant moved the said court e.
new trial, upon the issue aforesaid snS a.
signed for causes thereof
1st. That the verdict of the jury iscc,,
trary to law.
2nd. That the verdict Of the ,5,, :,
contrary to the evidence in the cause
Sd. For newly discovered eyidepc. -.
terial for defendant, which be coDIS -, NJ
have discovered with reasonable diIIie..O's Nv
and produced at the trial-as is show mi. \.
affidavit, in words following, that 4 +,
say
Territory of Washington,
VS..
Leschi, (Indian.)
Personally appeared before the pDS,,,
signed, clerk of the United States dsi,;.,
court for the second judicial district II ~
territory Of Washington, W. 81. Wall.c.
who, being first duly sworn, on bis or,tl
says: That since the trial Of the a..
entitled cause, new testimony has been AZ
covered, material to the defence wa
could not have been discovered with res,.
enable diligence and produced on the ~
This afiant can prove by A. V. Kautz t6,a
the distance from the place where tba n,
dians were discovered in ConnelPs prsiis
as stated by the witness on the trial tON9
swamp where the attack was made h er-l
er by the trail mentioned in the testimO9v
Of said witness, than by the wagon rOoS
also mentioned by said witness and Aat
the road Is better and can be traVell6
quicker than the trail. This afRant saw
that he was one Of the counsel for the q.
fendant, and that should a new trial h
granted, the testimony Of A. V. Kautz can
be had on said trial. g1aiI9
W. II. WALLACE
Sworn to before me, this goth day q
March, A. D., 1857. $50 a
w. w. MILLER, Clk,
BY A. j. MosEs, Dp'iy.
4th. The court erred in failing to charrV
the jury, that they could find the prisoner
guilty of an offence less than that Of nu.
der in the first degree. -s7o -slaita
9th. The court erred in giving insiruc.
tons TO the jury, after the counsel hadeos
cluded the arapUHI be cause. ,,
And the SO overrule the nd
motion for q ht 10 which r1lingf
the court, defendant by his counsel, *.
cepts: And thersuponl said defendant, ty
bis counsel, move the sal court, that jndg.
ment be arrested herein, and that deisl,
dant be dischars and go hence-andlr
cause assign =
lst. That the Indictment was not found
by grand jury having legal authOrig b
enquire into the offence charged therein
End. That the grand jury who found
the indictment upon which he standS On,
victed, was not duly empanelled, sWonani
charged according to law. f.s,
Sd. That the term Of court at which
the indictment was found, was unauthOi.
lied by law, and was therefore illegalt md
void. . 20 Q19
4th. That the verdict Of the juYH
which he stands convicted, is not the Ia.
dict Of jury Of the territory and distid
in which the indictment charges him y
have committed the offence 'h-'' Z
5th. That the jury by whose verdla
he stands convicted, was not of diStria
ascertained by law previous to the timsk
which the offence is charged il the indrk
ment to have been committed. -
9th. That the Indictment charges d.
fendant with the commission Of ah olene
in q district ascertained and establlshedg y
law, and that the defendant has beeRphcsa
upon his trial aud tried in q different ~
trict. ..... -.-.... s,..r,F
It'll That there is no legal indictment
in this, to-wit The term 0f the coufin
Pierce county at which the indictmehiPa.
ports to have been found, was'nct aulha
lied by law, and was not term Of aiega
court, and had no legal power te emPaulA
a grand jury, and that the indictment ~
not found by legal grand jury; ,ss,,
But the said .cOurts overruled The pa
motion and gave Judgment upon hs 81 81
verdict Of the said jury against ne ~
LOschi, defendant. Whereupon the cour
sci Of the said Lescbi, made their skeeg
tions tothe opinion Of the court lin y
behalf, and prayed that the SAID 90.
would sign and seal this bill Of cHcepao~s
which is done accordingly. .s.1.i "
80
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