Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-10-19
UNDER THE SHADOW or IN: GslLGws.
HIS Motion for q .Nr1 TRIAL OrsrrHfsd
by the Court.
The PrfsOner Ssnfsnesd TO be HaHgfd on
the Trsafy-sereafh of -S0rsm1sr.


day the motion for a new trial in the case OF
Barney Wood, vino was convicted last week OF
the murder OF Samuel NJ. Cheesemen was
argued. ! he prisoner was brOugt into court
shortly after ten O'Clock by BailiTfs Parker and
Mesor-walking from the prison with his step
daughter and brother in-law. he was attrei
as on trial in black pants and vest with blue
coat and blue neck keFchef. aud although he
looked much be ter in spirits than during the
first part OF the week his features showed traces
Of mental anxiety and suffering. Before leav-
ing The jail he seemed qUi'e confident that he
Wtu OBTAIN rev trlal, and in 4 short CONVEX
satiUns with aysitor stated that he felt that God
would bring him safe out OF his trouble and that
he Iut his trust IN him.
@iter some pTeli mlnary discussion between
counsel, in which Mir. Riddle stated that he had
been informed that the prosecution had tled
afc1vits impeaChing the character Of his wit
Eessss, the court directed the argument u
proceed
hr. Riddle real the motion and the affidayits,
an1 offered To put witnesses on the stand to cor
TObf rate the am its.
Tie court refused to hear them. saving that
on motion for new tFia! tie evidence should
be hy - iavIt only.
M. Riddle excepted 20 the rulirg Of thu c1crt.
I.I'CBald-on tthe Juror whose M COL duet i a
egg dl, and Mr.. Rode objected.
The COurt.-I'il sustain tha objection.
Nj. Harrington then offered the afli ttvtts Of
Il. L. Gilman ar 4 others as TO the character &.
the usf'in~ making the an davis
Mr. Riddle objected, and the objection wa
Fir. Riddle th,n proceeded TO argue the mo-
ton. He argued that juror should oe OF a., uu-
biased, unprejudiced mind, and cited the 6th
article at he amendments 70 the cons ,itutiJn Of
the United States. lie further claimed that
Donaldson had declared on his oath that he was
impartial, and yet he had shown by affCavIt
that he had not only formed but expressed An
opinion prior 20 the trial. ust after the trial OF
Jenkins. He cited large number of authori-
ties as 10 the incapacity of Jurors. He cOnteHded
that Wood should not be held for more than
and M 10 pnOl unrf
IN tehalf the prisoner, Gploring the court t.
be As ientent as possible.
AFTER recess, Judge Humphreys announced
his decision as follows:
DECISION OF THE COURT EVERYTHING TIE
MOTION.
United States VS.. Barney Wood. The prisoner
has been convicted Oh murder in this court, at
this term, in the killing of Samuel Cheese man.
motion Is made for a new trial. and AFT davIts
have been filed, proposing TO establish miscOn-
duct OF a juror who sat in the case. The mis-
conduct alleged is that John L. Donaldson.
when sworn TO answer questions 10 his com
potency and qualific alton as Juror, said that
lie had not formed and expressed an opinion
a to the guilt or innocence of the prisoner.
Whereas 1t II alleged in The affidavit of one Pot
ter that on the day OF the sentence of Jenkins,
the said Donaldson. in response to what gtIiant
had said, remarked that he - on that Jury"
AT sEt tn II asked the iuror about O'Htisn. and
he said he " did not know when his trial would
take place" The juror further said, - Barney
Woods Trial comes up next Weinesd4v. This
court and jury would convict them all; Wood
would share the same fate rs Jenkins" The
affidavit of prisoner states that the juror IN his
examination further stated, in answer ID COUn-
sci 1Or dt tense, that he was impartial aud
without bias in the case" This is a motion
10 set aside verdict based upon AN
cNIarte affidavit Of a stranger TO something
ale ged TO have been said by juror in relation
TO cases tried and to he tried. The juror an
sacred under oath, all the questions pro-
pounded to him rs showing his fitness and quail
hCatiOn 10 sit as juror in the case. There is no
calculating the end of a trial If yerdiCis could
he set aside upon so loose cause as that set no
in the affidavit OF John Potter. No showing is
pretended that the said Donaldson exercised or
pretended TO exercise, undue or improper ntlu-
ence apOn his fellows; nor is there any shown.
mace that he did not act impartially anS without
bias, either as Juror 10 determine the case upon
the evidence. 1t required the con curreFce OF all
twelve Jurors TO make a verdict. Eleven others
besides Donaldson were all qualified in the same
manner that he was, and at the request and
demand OF the prisoners counsel that the jury
should be polled, each jSror answered as he was
called, equity" AfideTits were offe<ed by the
governments attorney TO the effect that said
POtter-whose affidavit is made the basis of a
new trial is not to be believed on oath. These
have been excluded i9 motion of defendant
The finding OF the jury was In accordance with
the testimony in the case. The cases cited by
pTisCrler's counsel all show q different case TO
this, and show some decided opinion formed BIZ
the juTor-whereas, taking as true what the
stf ants state, nothing In shown to eyerbala nce
the clear oath OF the iuror-when sworn and
examined as to his ntness to sit in the case-that
be had no bias.
The motion tor a new trial is oyeprgled
Mr.. Riddle took exception, and the judge re-
marked that the court would not sign the eXcep-
tens; he must fle his s written exceptions with
MIR. Kiddle.-I probably know how to take
advantage of that.
The Court-Mr. Riddle, be still.
TIE court asked the prisoner it he had any
thing 70 say why sentence should not be passed
upon him.
THE PRISONERS STATEMENT.
I'm frop of no ho- in,
a slow. low aid deliberate tone of Voice ad-
dressed the court as follows: Your hoDSr, sir
PAUSE know not what happened that night OF
the killing OF Mr.. Cheesmsn. 1 was deprived of
my reason, aid knowed Gething of what oc-
CURED until was told in jail. 81 never made
use OF any-such-words az the colored man
said. L have been working hard day and
night TO support my wife and children. |
worked for Mr.. Fay four years. i know
nothing more than child unborn of the
charge. Here the prisoner weakened and he
sat down. There was prejudice against me by
this man on the jury. "A long pause, after
which Mr.. Riddle told him to be calm and say
and merciful, and all will come right vet. MI
Cheeseman knows in his heart am not guilty
never intended to murder any person. Inever
threatened any person, to nay knowinga or knowl-
edge. fAnother long pause
Judge Humphreys.-Is that all you have to
say?
The prisoner (more slowly and lower than be-
ore.l-I think that this was a put-up job on
me altogether by parties living about there who
differ in politics with me, to get into trou bIe
they were bound to have satisfaction. FAnother
long pause.l
Judge Humphreys.-Is that all you have to
say?
Deputy Marshal Philips.-Have you got
through?
The prisoner.-Yes, have got done, Mr.
Philips.
THE DEATH SENTENCE.
JCdgd Humphreys then, in a slow, celebrate
voice, adore ssed the prisoner, saying that there
were yet two opportunities left for a further
hearing OF some matters connected with his
case, one of which Is q question or a legal char
aeter, and the other a question which pertains
10 the merciful jurisdiction of the court. In the
decision which he 1.-THE court) had rendered, he
had upheld the law as he understood it, but Ii
lie mistaken in refusing the motion for a
new trial, the court in banc could correct that
mistake. He saw no reason from the evidence
TO change his determination to refuse the motion
for a new trial. He felt compelled to administer
the law AZ be understood ii, and 40 feeling or
sentiment should be allowed in the determine
ton OF a judge administering the law. In case
OF a reversion OF the action taken by
this court this morning in refusing
new trial, there is another and a
higher tribunal. which will finally decide
upon the merits OF the case; and Ii that superior
tribunal should arrest the sentence, il would
give pleasure to no one more than the one who