Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-12-19
THE CITY.

MOtI0a for n New Trial In the MinoIIeY
Case.
The motion for a new trial land
not in arrest of Judgment as we enormously
stated in the case Of c. A. Minckley, City
Marshal, was argued before Judges Bishop,
Bolton and FoOte yesterday afternoon. It
ives stated by counsel for the defence that
important evidence had been discovered
since the closing Of the case, going to cor
rOborate the statement of former witnesses.
The affidavit of Mr.. WellhOuse was read,
stating that on or about the ed of August
last, he, being by the door Of the Plain Deal
er Office, saw Minckley come hurriedly up
the hill; saw Warren Clark join and walk
up Superior street with him, and saw D. A.
Eddy on the opposite side Of the street by
the Bank of Commerce. Also, that he be-
lievts he saw Green some few minutes
previous go over on the opposite side of su-
periOr street and up the street. It was also
stated by Mr.. Backus that M~inckley had
been seen on that day by several tracklay-
ers on the c., G. & c. road, but that there
had not been time to procure the sfidavits.
The following reasons why a new trial
should be granted we're presented by the
defence:
l. No evidence had been offered tending
to prove the averment of the materiality of
the defendants testimony as given before
FOjsnbs.
End. The Court erred in charging the jury
that they were to decide whether evidence
had been offered in this case, showing that,
on the examination before the justice, sufi-
cient evidence had been offered against
Lynch, before the defendant, Minckley, tes-
titled, so rs to make the defendants testimo-
ny material as affecting Lynch.
Sd. Whether the charge in this respect
was correct or not, the verdict was without
the evidence.
4th. The weight of all the evidence in the
case was against the verdict.
9th. The Court erred in charging the
jury that 8 burglary having been committed
and property stolen, the fact of defendants
testimony tended to fix the crime upon
Green, the property being found in his pos
session, might be used by Lynch as materi-
al in tending to prove Green to be the bur-
gIar and thief, and not Lynch.
9Th, The Cont erred in otker respects pre-
/ iudicisl to the interests of defendant.
Nh. Adams clsimed that itwas not fer the
iury to decide whether 3 burglary was com .
mitted and q watch taken Or not, except
ing from the evidence offered before the Jus
tice on the examination Of Lynch. The
averment7a the indictment must be proven
but cannot be proven by evidence given in
Court which did rot appear on the examin-
alton. The ayerment, by stating that GER
tain statements became material, does moi
prove that those statements we're made. II
was left to the Jury to decide whether they
knew of any evidence being offered on the
Justices examination which they would
consider sufficient to have proven the com.
mission Of q burglary.
whether or not the charge was correct, thu
verdict was without the evidence; because
II there is q material averment on which nj
tdsnes is given, the case is just as mucl
w;,b. ut evidence.
M, >raiet vas against the weight of ev
;sarcs. We have Green's testimony tina
bo WASN'T out Of his Office, and wasn't owe
the river in ttres months before his arrest
The testimon, Of Mathews and lady
who remain unimpe4 = SnoE' 'ua !
was over on al hats on Ia >qnstlav al
shouts. Green testi6es that h. ~
take & watch from him, but says it
from his pocket. This is the only poiL
consequence where they disagree. Minck-
ley does not claim that the watch was moi
pawned by Lynch, as Green claims. 30 fal
it is witness against witness on points where
two honest men might easily disagree. Miz
confirms the evidence of Minckley, and hal
not been impeaehed. The testimony @
Lynch should not, it would seem, be deemed
of sufficient importance to send a man Il
the penitentiary, he having admitted tina
be had twice perjured himself. It is sOugh
to cOrObOrate Lynch by the testimony O
Given that he saw Minckley 1.-THE WeddeI
House corner some minutes previous to tn
arrest. All this is not material only as
serves to weigh 80 much against the credi
bility Of Ainekley's tsstimony. Moore me
q negro on the Railroad bridge, and me
Minckley soon after. Eddy saw Minckls
coming up Vineyard street. on the 22d.-
Clark saw him also, and walked up stree
with him and saw him go into the shopa an
come up with Green. Hill testiAes that b
left Green in his shop near two O'Clock, an
| came back in twenty minutes or half q
hour and found the door locked. This wi
ness also says he did not hear of the SIRE
till night, although dix swesrs that he Ell
tered the shop by the saloon, being show
! the way by some onein the saloon.
Mr.. slade, on behalf of the State; q IKE
referring 70 the afidsTit Of Mr., WsTlh, 5ur