Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-26

TIE WELLINGTON ROBBERY CASE
We published full details, two or three
months ago, Of the arrest Of Malcolm D.
CaIkins for the robbery of firm in yelling
ton for which ne was cashier. BE was tried
in the Court of Common Pleas in LOrain
county, and convicted. Judge Canfeld has
granted him a new trial on the ground Of
misbehatiOr Of the jury. The Elyria Dem
ocrat says with regard to the affair;
1.-TWO causes were assigned in the motion
for new trial. First, that the verdict Of
the jury is not sustained by the weight Of
evidence, and second, the misbehavior of tho
jury.
held that in fofIenses greater than misde-
meaners, q new trial cannot be granted on
the merits, even where the defendant is con-
Eicted. The jury are the sole judges as to
the weight Of evidence in such cases, and
their decision cannot be reviewed By the
Court. The only EXCEPTIONS where there is
a total failure Of evidence on some Particu-
lar point which the prosecution is bound to
prove, and the jury have returned verdict
Of guilty
g After quoting sundry authorities, the
Judge says, But had the power to grant
new trial for such cause could not do it in
this case, as from the review of my notes Of
the testimony, 1 cannot say the jury erred in
their opinion, or that the weight Of evidence
is in favor Of the defendant
Z" On the second cause the Court com
mented at some length, and after carefully
reading the ahidaYits on both sides, came to
the conclusion that while none Of the jurors
complained Of we're guilty Of Wilfully or in
tentionally disregarding their duties, yet
some Of their acts are at least eensurable,
and show a want Of regard to the instruc-
tions of the Court and their duties as Jurors,
and such as have a tendency to degrade the
administration Of justice
"The act Of drinking beer and cider with
one of the prosecuting witnesses, the Court
did not regard as Of sufficient Importance to
grant a new trial but as one Of the jurors
was understood by one Of the atlantis TO say,
after the testimony was all heard, that he
did not think there was testimony enough ta
convict the defendant, and which evidence
the Court held was uneontradioted, the judge
granted a new trial. The amount of bail
has been fixed at 1000, which the defendant
has procured, and is again at liberty. Thus
ends this exciting case until the next term Of
Court, when it will have TO be tried again"
Homeopathic COMMENCEMENT
ExERcIsEs.-The Annual Commencement ex-
ercises Of the Cleveland homeopathic Col
lego, took place last evening at the College
edifce, on Ohio street, and were attended by
a large and very fine audience, comprising
friends of the graduates and Of the Institu-
ton, and citizens.
The opening prayer was read by Rev. Mr..
Brewster.
The literary address was delivered by DR..
E. g. Cook, Of Fredonia, New York. His
subject was, "The general history Of Medi-
cine" He considered his subject,
Ist. As to the origin Of Homeopathy.
3D. Comparing the two leading systems Of
medicine and their results.
3d. Objections to Homeopathy.
4th. It's triumphs and success.
The address was a very able and Ofttines
eloquent effort, and greatly interested those
who heard it.
The Valedictory Address to the Gradua-
ting Glass was delivered by Prof. Humiston.
It was such an address as the Professor is SO
AMY ehltulhbeA W ASAAhIAs
The comforting Of Degrees was performed
by Prof Brainard.
The following is a list Of
TIE GRADUATING CLASS OF ls62-'6S.
W. Stanley, A. Bishop, L. B. Waldo, J.P.
Russell, J. Fry, II. J. Hazelton, A. r. Vail,
D. J. Chaffee, S. c. Shane, F. d. 0rms, II. L.
Sock, E. A. Mead, Il. S. Benedict, S. N.
Coo6s, G. W. Rumsey, E. D. Knouse, D. II.
Lancaster, G. W. Clark, F. W. ingalls,, S. B.
Taylor, S. S. Cook, II. A. Warren, R. 7.
speekman, J. B. Hunt, Il. Craig, = Will
liams.
Honorary Degrees were conferred upon Z.
G. Cook and E. P. X. Smith.
The number Of students this year is about
sixty more than that Of last year.
After the exercises at the College, the
faculty and students adjourned to Wm. R.
Mould's confectionery store, where a magni-
acent repast was served, which was done
ample justice to by those who sat down to it.
After the supper, toast, speech, and ssnti-
ment, ruled the hour.
SITUATION OF THE PARoLED PRISONERS
ov Erc. maggie Y twTvpw We eopv tha fol-