New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-01-12
THE HILL HOMICIDE At PHILADELPHIA.
ARGUMENT FOR A NEW TRIAL.

ARGUMENT FOR A NEW TRIAL
PHILADELPHIA Jan. lin the Court OF Oyer
and Terminer, this morning, before Judges Aison ud
low Pierce and Brewster c fun bench sittng the ap
pcaton Of George s. Twitche jr, recently convicted
Of the murder of Mrs Mary T. Ill., for new trial. was
presented, and the argument commenced The court
room was crowded by persons anxious TO get view OF
the prisoner The given for trial are % IN
number They based on the speech OF the District
Attorney in presenting the excitement OF the community
10 the minds OF the jury and otherwise creating bias
against the prisoner and the charge OF Judge Brewster
misstatenens and omissions OF the testimony III me
case The prisoner claims that the verdict was against
the law and the evidence and the Jury was not Impair
neled and according to law The twehtythiu rea
con Is, "Afer discovered testimony" 49,, a..
Mr. O'Byrne opened the argument, taking up the first,
second and third reasons referring 10 tho complaint OF
the District Attorneys address There was no doubt
that the community was greatly interested IN inc ta
and this was seen the difficulty TO secure jury Al
least ten OF jurors had formed all opinion, and Is
a reasonable inference that the impression was AGAINST
the prisoner In regard 10 the fourth reason applying 70
the complaint that Judge Brewster asserted that both
sides agreed that the ofense murder III the nrs &c
gree, Mr. OByrne urged the effect OF the ehage was 70
tell the jury, You must determine whether George =
Twitchel committed the murder, and II you ind that
no did I have fixed the degree or Onenbe Ipr YOU
Next Mr. O'Byrne referred to the neglect OF The Judge
to refer to ocer Thorp mat O Se onched
This was visby important to the Defense In view OF the
SEES We minutes and the reference of the
Judge the fact that was Impossible for parties ehv
ing tho house locking the door Dehihd thei' naue 'iS
testimony Of ThOrp important.
The other reasons were taken up In order ami argued
atength Stress laid upon the alleged error OF the
Cont in directing the jury that the murder commit
ted between five minutes past o'clock and 20 minutes TO
10 o'clock thus destroying IN effect Agers testimony,
as the two he leave the house at two three or
four minutes past o'clock could net have had tne 10
commit the murder The witness Altgelt was unfairly
attacked by both District Attorneys, for there Was
proper mode Of affecting his testimony, and he believed
that An attempt was made TO mpeach him, but u failed
He was called "shyster" lawyer and other harsh
names. 49, 80,
The after discovered testimony that Of Mr. Calen.
merely corroborave OF Altgeltn this that he Caen
saw gang Of and women coming along feminist NJ
the hour fixed by Agelt for seeing the two men leave
the house, and also this crowd, who were laughing and
talking. The legal questions involved IN the additional
| reasons were also argued at length.
Assistant District Attorney HOsert replied, showing
that the charge OF Judge Brewster had been fair az
complete in every particular and was 50 considered by
the counsel the prisoner at the time OF us delivery
who had then called the attention OF the Judge to three
unimpOrtant decisions which he Immediately corrected
before the Jury retired. The Commonwealth had con
Quoted the case throughout with the only object OF arY
ing the truth and doing justice both TO the prisoner ana
the Commonwealth The defense had rested their case
solely on the testimony OF man named Alget ana tle
Jury did not place confidence In the mans unsupported
testimony especially when 1t had been dsprOYed by
other respectable witnesses II they had believed hih
thew would not have brought In verdict OF guilty.
MIR Mann followed for tho prisoner. The Court held
the motion for a trial under advisemeht Al
o'clock the Court adjourned until morning.