The New York herald., 1862-11-11
THE SLAVE TRADE.
uotton fer New Trial for Horn Do-
Aied-Haynes and WinsAow Disohsrg-
ed ON Their Own RecOgnfzaneess

~~~~~>~~<s~~~>>~~<~~-~~~~ tk1e
Motton fer . New Trial for Horn De-
nied-Hsynes and Winsaow Disehsrg-
ed ON Their Own Recognizanecss
UNITED STATES CIRCUIT OoUsr.
Before Hon. Judges Nelson and shipman.
NOVEMBER l0.-At the sitting Of the Court this morn
ing Judge Shpman proceeded deliver the decision "a
The mcsion for trial N the of Albert Horh.
lie sad;--
is alleged, la support Of this motson that after
the case submitted TO the jury aad they
had retired 70 their room they applied 70 the oheer
IN charge Of them TO furnish them with several
directories OF the city Of New York that the officer
complied with ihis request; and II s alleged that this
irreguariiy is Sufficient TO avo,d the verdict and en-
titles the prisoner 10 o new trial. We have already
stated that this was highly improper act Of the
officer. For II he has received the pointed oen-
Of the Court But nothing appears before show
that this rresuary operated in 70 the disad
question how far adavits Of jurors be read for the
purpose ol disturbing their verdict whether they
be read az al FOR that purpose do not think tho
offered presents any facts calling for the Court set
aside this verdict especially IN view OF the that the
of the books having gone 70 the jury
the Court before hey had into
with their verdict and tnat they then recalled and
directed by the Court 10 retire To their room and
bapish from their minds any Information they might
have obtained from the books and TO wholly dis
regard any euch information IN coming " Whatever
result they might reach. The second ground upon
which the motion for new trial rests y touDded
upon alleged the caarge ~ the jory souchine
tba weight BE- given the testimony OF Mrs Crawford,
Crav ford the husband was coniesscdy aCco1pice,
and jury instructed that II was not safe 70 con-
alone The defendant conteed oroD the authority OF the
Of Rex Neae, q Darlington Payne loSl that
the Wes testimony was not competent III law 70 con.
The statements cf her husbaDd The Court charged
the jnrv this point f0iioxs"hfs. Crawford not,
upon the evidence before accompce, and, % far
a she test6es 10 facts testified by husband her
statements mus. res. upon her personal creoby sub
ec tn inconsistency In or contradiction OF her story
Although che cannot IL aw AS the wife OF an accompoe
cYrnl4 and ctr
she In competent witness, believed py the
The ry prove any Independent pendent n ,sc,s nsr, moi 81
his acts, although those facts believed by the jury
guilty knowledge the DEFENDANT We think
the rule here laid down sufficiently favorable to the de-
fendan. Whether we shoald upon in delibaration af
firm the doctrine laid down in the Of Rex Nealc
IN the 7th Of Carningson Payne ~e are net prepared
say But assuming IT, for The purposes Of this ~
be correct have hesitation In Affirming the partcu
lar Instructions that given 70 the 10 the present
case in connection with that doctrine The motion Is
overruled both grounds Mr. Justice Nelson sonours
In this opinion.
7he Tinted Sases ~ Soa,nel H. Haynes.-In answer 70
question from Judge Nelson, Mr. hcKeon replied that
HAYNES had been prison for year and nine mouths
aud that he WAS brought TO this port in irons.
Judge Nelson said that the prisoner had been tried twice
the capital charge, and each trial the jury had dis
agreed without caprice The Court knew no instance
where ouch person had been tried
the third time capital offence. The law Is not for
oppression but for the punishment OF They could
take up this again this 10 the exclusion Of
all business when it has already occupied cons
derabe time The counsel for the government asks that
the prisoner be tried the offence, which would
subject him 10 Imprisonment ~ the state prison. trial
for the minor offence would elicit the evidence and
woud be vrtuays third trial for the capital offence He
be sccused has been already prison year and nine
months. We not, therefore, inclined 10 hold him in
confinement any longer Let the prisoner be discharged
his recognizance In 81, 500.
Counsel the government. the District Attorney FOR
the accused, Messrs. J. T. Brady ]. Bckeon and y.
Smyth.
he United States Wsn,o,c The District Atsrney
said the ruling of the Court would apply 10 the Of
Winslox, the second mate.
The Judge then directed that his recognixancs be taken
IN the same amount