National Republican. (Washington City (D.C.)) 1872-1888, 1873-04-15

Motion for a New Trial Orsrrulsd-w'riHh

SENTENCE OF. TOM WRIGHT. =
Melton for n New Trial Ovsrruied-wriEht
to be Hung on the 3Oth Of May next.
In the Criminal Court, yesterday, Tom Wright
was brought In, In order that the motion Tor
new trial in his case might be argued.
on the court being opened General Henklc read
the anndayits OF Mrs. Justlna Bernarlg, william
whalen, Mrs. Francis Keogh and Richard II.
Mason; the first as to Mrs. BernardlR selling
Wright stockings similar to those which II Is
claimed were taken from the pack Of the de-
ceased, and the others as to Margaret Wood not
pa ~ m peSn No " bs SsmcTe MS Wood Il
will be remembered, testified that she went 70
Keoghs about 10: 30 o'clock, and renamed untll
after ~ O'Clock. General II. also read from the
charge Of inc court as 10 evidence Of Mrs. Wood,
and said the charge was based on the SUPPOSE
tlon that she was not at the scene OF the muir
der These aiiidavlts contradict her statement
and he submitted that, having shown that she
had testified falsely a. TO where she was at the
time, they were entitled TO the deduction that her
whole story was false. The court had said that
IL ii were shown that the woman was an accom-.
plIce he would advise that her evidence should
not be taken without corroboraton. General II
then reclted the difficulties he had encountered
in preparing and conducting the case, not hay.
ing been apprised OF what the witnesses would
Gen. II, commended, on the question OF allbl,
that the charge OF the court cast the burien Of
proof on the defendant, aud read from 18th Ind,
go, 18Th Maine, sss. He further argued that the
Government did not offer testimony 70 prove
that the defendant was at the house a. the time,
except that Of the woman Woods, and u was not
for the defendant to show where he was, but Tor
the United States TO prove where he was, With
| out the shadow OF doubt.
| the afndayits, and also some OF the anthorities,
/ and he had come 10 the conclusion to submit the
/ case, ~ far as the Government was concerned
to the discretion Of the court. A.
Judge Macarthur said, 80 iar G the neMy us US,
covered testimony Ia concerned, merely upon
/ the motion itself, he was compelled 70 overdue
the motion. lie must say. however, TOT me
counsel for the defence that having nls !,
have been brought TO the attention OF the court.
| II Is not upon o theory that there has been q
| want OF dill gence, but amply upon the merits OF
the ease tseli that the court IL oOliged TO reject
| the ground Of newly discovered evidence as a
! reason for new trial In this case.
| lie continued, saying The llberality OF the
law in giving defendant In an Indictment the
| beneilt of every reasonable doubt aeems TO have
| been much abused. We see Its consequences In
lie 10 execute the penal law OF the State. Very
loose doctrines have been expressed upon the
bench In the South and West as to the doubt 20
| cases Of independent defences, but In states
like Massachusetts II has been held that all indie
pendent defences must be made out TO the salts
faction OF the Jury, like In an ordinary CIV case.
Now Insanity was such an independent defence.
An abb was q like independent defence, and
both require proof 10 convince Jury OF their ek.
istence II any author has ever said, In relation
TO an alibi, anything but that such defence
mast be clearly and cogenily proved, nc had
never met with that book. For these reasons he
would be obliged to override the motion.
Gen. TIenkie reserved the legal questions for
appeal +, s.,om.. v ,r,, ~ rovs
that sentence be now passed upon the prisoner.
rue PRISONER CALLED.
The Court. Thomas Wright what have you TO
say why the sentence should not be pronounced
against your You have now an opportunity 70
make any statement which you may wish to
TON wHraHrS REASONS WHY SENTENCE suorLr
NOT M PRONOUNCED.
, Wright, Yes, slr; / am convicted Of the muir
der, but did not do It.. II was not done At u
O'Clock. When came home that day Margaret
was washing and hanging out the clothes upot
the peach tree. on Monday, think u was,
/ about $50 O'Clock, when I came In, saw San
: Bembry going out the back gate; he had pal
| OF boots In his hand; there we're some Galileat
Fishermen, and the had something yellow, anC
looked and saw the woodshed all messed up
Next morning I noticed u was all clean, AM
Z asked Margaret and sam about II, for there wa
y something strange there; but both Of them SAT-
they knew nothing about II. When Mr.. Nc
Dewitt came TO search the house ! asked mn
i him TO be satisfied. On the night OF the ~
L Bembry and me Played cards; played for apple
J, and he played for gin; then he pretended TO .
4 asleep. Presently he jumps up, (he was no NOR
e asleep than was,D and says, 81 hear whistle
Is there Is something going on by here" says;"lt
a John Bften nHntlng uOWn 10 MIS-. heokn ., q
!, usual." The next morning, while Bembry wa
II washing his face, he says: ~ feel ike I'm gOln
IS 10 he arrested to-day; hut can keep clear ahea
m them. and they'll neeyr catch up 20 me. Nv
been here most seven years and none OF EN-
/ been keen enough to catch up with me yet.
, When Tot out that day saw the wOOdshe
:. was kicking up at home when went away. Sh
J, said, nothing that she knew on. says !, Ho'
y came you out last Monday" She says, :.
I. DOMINO" when came home that Monday nlgt
an ~ uian come Asked he
Why she was Vlad Gamer She hasn't told m
"a vet / suppose am TO be hung but neyt
Killed anT peddler AS to the stockings, I bougf
them from a woman The jacket which wa
bnonght M mere got from Judge Kelson. II
T. boaried with q woman named Mary Something
lie bouaht IL for flTb II am hung cant hel
Df IL. nut never Killed no pedhleT, as he WASH
Df Killed in thai house at 10 O'Clock. The reason
y seemed 80 Indiferent-llke, I did not feel like
II Killed any man, You can pass sentence on mi
te hui never Killed q man more than you dit
y on Christmas day, making egg-nogg, BemhI
a. aid. al feel ike lin gone to be arrested"
mad inst ioned the
n auIIEAS FfsHERNEN,
n and he didn't belleye anybody could catch up
he him
n that man was killed, he was not Killed
that home al II O'Clock that day, II there wi
any 6iood on clothes there IL was on the unde
=, | cinthes al Mra WOols daughter, II that's VIII
W I'm going 10 he hung for never Killed the pc
~ dier UookInR around the roomO All OF "
no can believe what you please. | suppose "
~ viii mass sentence on me- but am the wToI
man ami I don't feel lIanosed 10 he Killed 4