The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-09-25
TIE MGEHAN.MYERS MURDER.


Motion for New Trial in the Ohio Courts
VsIlRndisham's Client to Have Another
Chancc-AppIication for Admission 20 Bail
Denied. - ? q ESSSit "~
DAYTON, Ohio, Sept. %, 1871.
In ire case OF Thomas Mcclellan, who figured con-
hpicuously In the recent vallandgham tragedy, and
who, 1t will be remembered was on trial at Lebanon
at the time OF vallandighams death, charged with
the murder of Thomas Myers at gambling
saloon In Hamilton, Ohio, last Christmas evening,
and which trial resulted In disagreement OF
the jury. was removed to this county by change OF
venue. This trial, which engrossed the attention OF
the Court OF Common Pleas for the last two weeks,
terminated In Mcclellan being convicted OF murder
In the second degree, which, according to the laws
OF Onio involves imprisonment for life.
This morning. the prisoners counsel moved for a
new trial. on the following grounds
Ft1st-Because OF certain irregularities in the
proceedings of the Court in the empanelng or the
Jury, by which the defendant was prevented from
Second-Because of misconduct and fraud OF GER
tain OF the JurOrs-tO wit, Of John Bckweler and
Henry Plan, each, before being called as Jurors
having expressed opinions that said defendant
lMcGehan was guilty OF the murder of Thomas
Third-Because the said verdict is not sustained
by sufficient evidence and Is contrary to law
Fourth. Because OF divers errors occurring &C
the trial OF said defendant.
FUth-Because OF accident and surprise, which Or
binary prudence could not have guarded against.
SIh-Because said verdict was rendered on a
Sunday.
SeUenth-Because said verdict was not rendered
In open Court.
The main and only grounds proved, and which
are relied upon by the counsel for the defence IN
support OF their motion for new trial-the second
reas0ns-are assigned as most cogent In the notion
and that only as to the conduct OF John Bick.
weller one OF the jurors, against whom seven
o. xvh oh RI for
the defendant, Mcclellan, claim they have large
preponderAnce OF testimony establishing the tact
that 'said John Bickweer haa, during the month Of
January, 1871, and repeatedly since January, and
during the trial Of defendant at Lebanon, and pre-
yous to the present trial. expressed his opinion that
the defendants were oil guilty OF the murder OF
Thomas Myers, and that they ought TO he hanged"
The NOTION GRANTED
new trial. remarked that n Bcn%ee G could G nave
box, his mind was entirely free from any influence
or bias BY reason OF his previously formed opinions,
matter Of setting aside the verdict: but It is shown
that as late as June last and within the past
twenty days last elapsed. he the juror freely ex.
pressed his opinions when reading the proceedings of
the trial at Lebanon thai the defendant guilty.
The rule laid down by Hiard on new trials Is that
If the juror in his vor dire, says he has not formed
Or expressed any opinion, and II on motion for q
new trial 1t Is shown that ne had previous to the
Defendant, new trial must be awarded billiard
y Ky tses fi HSgl t5si' s6 OH Ban.
No sooner had Judge McKelly rendered his de-
clsiOn than Mr.. Samuel Craghead moved the Court
to admit Mcclellan to bail. He argued this as a
except where proof Of guilt is evident or pre-
sumption Of II great In this case one jury failed to
agree upon verdict. The case was then transfer
another and different result, going Tar be-
hind the action OF the Warren county Jury
pierre they found defendant guilty OF murder
IN the second degree, an offence which,
beyond all controversy, Is bailabe. According TO
the laws OF the States OF Ohio and Michigan Mcclellan
could not be tried Tor anything higher than murder
In the second degree, and the finding OF this jury
places MIN exactly where his claim to be admitted
to ball Ia recognized.
REFSUED.
Judge McKey replied that he could not entertain
the application. He had already given this subject
the full beneft OF calm and deliberate c0nsidera.
ton, and IN his judgment 1t was not bailabe case