, 1874-02-01

Tue cfedolhty OF Witnesses OF the weight OF the
testimony.
COMMUNICATION 70 THE JURY.
me only remaining point We deem worthy Of
consideration arose upon the motion for = new
t11aa, and was based upon an alleged communi-
cation e. a made to the jur7 by the Deputy Sheriff
u n caarge, whilst they were deliberatlng upon
1ne1r verdict 1t appeared by the affidavit OF
sach 90 officer, that on Wednesday evening. Nov.
26, after the jury had been out about eight
9onts, tho officer was sent for BY the presiding
Judge, who waa then at his hotel and instruct
ed ed BY yh him to inform the jury that
the next morning. being the 27th.
that deponent Understood tho Judge to say to
hl1n :hat he, the Judge, regarded it As his prvi-
!eee to ad1onrn until Monday morning. and to 30
inform the jury; aud he states that he did 80
inform the jury; that it was his understanding,
and he beliered the jury also understood, that, u1
less = verdict Was rendered by o'clock the mex:
morning, the jury would be kept together until
the ensuing Monday; that the Jury finally came
to an agreement within very Few minutes to
o'clock the ensuing morning: and deponent
k77o1os that such agreement of the jury was has,
tened BY the knowledge. on the part OF the jury,
that unless they agreed they would be kept TO-
gether Tor several days longer.
1t appears, By the record. that at about o'clock
P. m. Of the 2Gth day Of November, 1873, while
the jury were deGberating in their room the
Judge OF said Court, With the consent OF both
the States Attorney and the counsel for pris-
charge, that be would meet tho jury at I o'clock
the next morning, said Judge being, at the time,
st his lodgings, and the prisoner not personally
present.
It has been held BY court Of the highest re-
spectabiGty that, when the Court adjourns, the
Judge carries no persons NTH him to his lodg-
ingt, and has no more authority oYer the jury
than any other person; and any direction to
them from him, either verbal or in writing, is
improper. Sargent '. Roberts ct al / Picker
Trfr I1,to io1 {rL.
doctrine. II the words sent by tue Judge from
his lodgings Of \ character to probably
operate to the prejudice of the accused, the fact
that his counsel in his absences, consented to it,
would not, in capital eaae. cure the error.
Although the message VAS improperly sent,
yet it BY no possibility it could work an injury
70 the prisoner, it ought not vtiate the verdict.
The message, aa sent, would be understood by
the jury "a eimply showing proper consideration
for their comfort. by loaseuing the time OF their
confinement. It Was sent at O'Clock in the
evening OF tho 26th, and merely assumed that
they might agree within ten hours. With sensi-
BILE men, of whom the jury are presumed to
have been composed, this could not hasten their
T this were all, the question vould be freq from
difficulty. But, as one irregularity is likely to
lead to others, 40 here; the officer went beyond
the scope OF the message sent, and Informed tho
Jury that he understood the Judge as saying
that it was his privilege to adjourn court until
ths next Monday morning; that he go told the
jury, and know it hastened their agreement to
verdict The 9th OF November WIS Thursday.
and ThAnksgiying-dsy. It was the expectation
that they would be kept together until the next
Monday morning, if they did not agree By I
o'clock Thursday morning, which is supposed to
have had tho effect OF hastening the verdict.
THE DEPUTY REBUKED.
This communication On the part Of the officer
ras highly improper; We are unwilling to give
tho slightest sanction to such practices; and,
this being capital case II the evidence OF guilt