Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-05-19

PRINT 81 IN THE DlsTRIcT 90 COLUMBIA
CRIMINAL CoURr-Yesterday, Solomon Dun
more, convicted Of assault and battery on little
boy. was sent to Jail 70. one month
George Humphrey, colored, was convicted for
stealing Piek-aHe, and sent to Jail for four
months
Lewis 4. Brunette was tried IN FIVE separate
cases for selling liquor without license. The
jury had not returned a verdict when the court
adjourned
The Grand Jury having completed all business
brought before them. they Were discharged with
the thanks IF the COurt. They submit to the
Court the usual report to the condition OF the
Jail and the City Hall, ia which they deplore the
Poor accommodations which provided for the
grand and petit nries, and the insecure condition
of the public records, well as the wretchedness
OF the rooms for the officers of the City Hail
To-day, the court met at the usual hour. .--
The jury in the ease Qf Lewis l.. Brunette tried
Yesterday for sang liquor without license re-
turned verdict Of not guilty in any Of the five
cases
Mr.. OuId stated that he was now ready to go
into Tue argument on the motion for an arrest Of
judgement and new trial Of Hutchins, convicted
of the murder OF John Ennis. and of Jones, con-
victsd n manslaughter in the same ease.
The defence have heretofore entered their reasons
for new trial.
upon the verdict rendered against Hutchins anil
Joaes, on the following grounds:
ist Where homicide Is charged To have been
occasnn-d Nv battery, II Is necessary to allege
an assault which does not appear 10 have been So
alleged in this Indictment
IA When two antecedsnts are referred TO in an
indictment 10y relative in the same. 4 subse-
quent clause, and il is uncertain which is meant,
il is error. --
And 3d. For other errors upon the records
They motion for i new trial Of Hutchins for the
following reasons
ist That tlking all the circumstances Of the
shooting of the deceased John Ennis given In evil
dsnCe to the jury, the facts We're not sufficient to
warrant a verdict for the guilt of murder
I'd. That James FullalOye, OF the jurors
sworn and empannelled TO try the issue of his
guilt or Innocence, and who rendered verdict in
the case was not u competent and lawful Juror at
the time he was sworn and empannel ed. he hay-
ing expressed opinions adverse to the said defen-
dant. Of which fact the said defendant had no
knowledge until after the rendition 81 said YER
dict. In proof of the incompetency and partiality
Of said juror, he files aud refers 10 the adavis Of
DR.. Isaac = Lauck.
They make motion for new trial of Jones on
the following grounds
LIST. That the verdict against him was not in ac-
cordanee with tue weight Of evidence adduced
against him at the trial
I'd. That the said verdict was contrary to the
evidence. and could not have been rendered, ex-
crpt through prejudice or msapprehcnsion Of its
relation to the said defendant.
Cd That the said verdict is plainly and palpa-
biz contrary 10 the law as laid down and explained
ny This honorable Court to the Jury in the trial of
the cause rs touching the said defendants compile
ity with the crime charged in the Indictment.
fth. That James Fullalove, one of the Jurors
svura and enpannelled to try the issue OF his
ggilt or Innocence, and who rendered a verdict in
the cause. was not competent and lawful juror
at tine time he was sworn and empanneled. he
Llyi79 expressed opinions adverse 10 the said de-
f--daht, of which fact the defendant had no
knowledge until after the rendition of said verdict
In proof OF the fact az such iHcompetency OF the
sid Juror, this defendant files and refers 10 the
anidayitS OF Geo. W. Mankin, Geo. NJ. Sothoron,
and Dr. Isaac l.auCk.
AFFIDAVIT oF GEORGE w MANKIN
District OF C0ltsIbtd. Washington county, Sct:-
Personally appeared before me. Justice of the
Peace IN and for the said county, this 10th day of
NAV. 1~59. George w Mankins W hO being sworn
in due form Of law. depOseth and saith that short
Iy after the late Sickies trial in this District he
had conversation relative TO the same with Jas
fUialOve- Of Georgetown, in the said District
where, in answer 10 z remark Of the said Mankins
that tire Hutchins trial was coming the back of
the Sckits trial, the Slid James Fulalove. who
Juror In the late case Of the United States
ag't IIillesry Hutchins. said, Yes. and Hutchins
will I've hung by the neck for shooting Ennis; il is
twice as bad a case IS Sickles's.
Sworn TO before me, this 10th day Of MAY, |. d.
1~Jg, IS witness NV hand and seal.
ROBERT WHITE, J. p. [Seal.l
AFFIDAVIT oP G. Il sorI o ION
bistTj- Of COlHnlbiG- COHaliy Of Washington, set
Personally appeared before me, the subscriber, a
Justice OF the Peace ia and for the county aforc-
said, pr- George NJ. SothOrOn, hr being person.
ally aud web known to me. and bring sworn in
due fori of law deposeth and saith that a day or
two after tue rendition Of the verdict In the late
trial Of Daniel H. Sickles for the murder Of p Il
ksv. he heard James Fun hove of Geo getOwn, in
Vulll"vel had hern on the said trial OF Sickles.
that he would have brought him in guilty of
murder. and that Il his fi.rn opinion that any
nffH wi,o killed another shOuld be convicted OF
murder. and tia; sitting ls a Juror in the case of
HH- man fer killing another, he would he for a
v"Idi"t OF guilty Of murder. ! have served often
with the said James FullalOve a juror in II q
Criminal ard Circuit Courts Of this District, and
have heard him. on other OccasiOns express like
opinion and further that he wished never Ia serve
an JGTipS in rapit1l eases
Sworn 10 before me, this 10th day Of Nav. 1859
RoBERT WHITE, J. p. [SeIl.l
TESTIMONY or DR. r. = LAUCK
Di .irfst u CoiHDTbiH. Washington county SIT
Personally appeared me. the subsc riber Justice
IF the Pelre in and FOR the county aforesaid this
ihth day " May, 1852 Or. Isaac :. I.auck. who
i'eing sworn in due form Of law, drpos-th and
saith that the morning after the shooting Of John
Ennis, IN Georgetown. on his return to town.
after an aSence the previous afternoon and night
Er met Mr.. James FulaOve at his front door. who
nrSi informed him OF the said shooting and gave
nun the particulars OF the case, aud he the said
lsauSk further saith that the said FulalOve and
hns"lf both expressed opinions rs to the probable
result OF the trial of Hilelry Hutchins, in the said
sworn to before me, witness my hand and
seal. ROBEKT WHITE, J. p. [Seal.l
Mr. q. filed the following afddavits on the
part Of the United States, which he read to the
COurts
On this eighteenth day of May, 1889. In open
court APPEARED JlInrs Fullalove. Of the jurors
IN the trial of HILLARY IIutchiBs and John Jones
Tor murder and made oath the Holy EvangeIy
Of Almighty Col that he had such CONVERSE
Ton with one George w. Mankins has been
sworn Ia b. said M9nkins before Justice White
oH the I6ih day II Nav. 1859. aud further that he
thr said James FullaiOye, never IT any time To the
said George W. MlnkiB. or to any person else
said that the said Hutchins would he hung by tue
meek for shooting Ennis. or that il was twice
mad ease as Sickles; and further that at time
and IL 40 person did he ever say anything at all
Ike or corresponding "a, the matters charged in
1iIs Aforesaid oath of the said Mankins aud fur
ih-r that d the time he w7ts eupannrlled TO try
Tia" said lint bins and Jones. he was entirely un-
Fr-judr,d and unbiased FOR or against said Hutch
ms and Jones. and without any impressions on
L.s Hiud IS e. tho guilt Innocence of said
iidtcilus aud Jones. which ia any respect would
"us. III To render him THHt 20 serve ON the trial
of said liutcLins aud Jones juror, and further
flat ~ the time lac sworn To try said Hutch
lns and Jones lac had neither formed or expressed
any opinion rs 10 the guilt or innocence Of said
parties. either Of them.
sworn To in open Court this 18th day Of May,
I-J9. Test JNo A. SAIrH Clerk
On THIS 18th day of May, 1853, in open Court.
appeared James FulalOve Of the jurors on
tie tIia! Of Hiileary Hutchins and John Jones for
L.. a.. u