The Andrew County Republican. [volume] (Savannah, Mo.) 1871-1876, 1875-11-12
The Alexander Murder Trial,

Las week we published the Instruc-
tons Of Judge Kelley to the jury in this
case. The Nodaway Democrat has
come to hand containing the following
motion for Il new trial, filed by LATE
Dawson, as counsel for defendant. This
motion, as we stated, was overruled,
and then an appeal was taken to the Su-
preme Court; but presumin@ It will al
SO be of interest to our readers, we an
hex it:
IN TIRE CIRCUIT COURT OF ANDREW COUNTY, MO,
AUGUST ADJOURNED TERM, ls-5.
State Of Missouri Indictment for murder
/ Henry {. Alexander. IN The fist degree.
Comes now the defendant and moves the court
10 set aside the finding and verdict of the jury II
this case and grant him Il new trial Tor the fol-
lowing reasons
lst. said verdict is against the evidence and
against the weight OF The evidence.
II. The court erred III excluding from the
jury the dispositions OF Russell and Hall.
Sd. The court crreG III r~tt>inS Instructions
Nos, l,2,3, 4, j, o, : andH, asked tor by defen-
! dant.
9Th. The court erred in giving of its WI motion
instructions Nos. |, ,, ;, /, ), S, !, ), ., lG, II,
-. Is, Ii, Is, Is and L..
5th. The court erred IN excluding from the
JUry the answer Of William Iiou.en 20 intcr03;.-
torres , ana . Of his deposition.
9Th. The court erred IA permitting irrelevant
testimony IL so To the jury on the part Of the
State.
7th. The court erred in excluding from ;hc
jury relevant and competent testimony OIergd
on the part 81 the defendant.
SIN. The jlry was gully Of misconduct III
communicating and permitting persons to COM
Ilunicate with them III relation 10 this CASE
while considering the sane.
SIN. The court erred IN compelling defend
ants attorneys to announce ready .,r rial in lAe
absence OF The defendant, on the 18th DAY OF De-
tohcr, l>75, md III ordering the sheriff 10 sum
E0n and return i25 jurors IL defendants alb
reGCe.
10th. TIL court erred III refusing proper and
legal instructions asked Tor hv Defendant.
iith. The cour; cried IN giving - iht jnry IN
/ proper and Illegal instruction, II Is own mo-
I'm. The verdict is for the state when it
should nave been Tor the detendlnt.
ij;h. The court IrcJ ia refusing 10 Grant =
change Of venue from the 2oth Juiicial Circu!t
Of Missouri, al the March term i>,4, OF the nod
away circuit Court, on the application OF Ge-
| PENDANT.
Ilih. The court erred in refusing to grant i
change al yenGs from the 18th Judicial Circuit
IT In" April term, 1873, of the Andrew CilcEIt
Col:t OF HE Application OF delvhd"nt.
l5;h. Because on the eth day of October,
lS.5, while the jury was ont considering this
case one Dluir! Ryan, 4 mcmbc" II =Iil jury,
addressed t. Hon. IIenr" :. Kelley. iUtcr OI
this court, the following note L. writing.
the law apply III this case IS lii tHvl!u-,' and
because the JudGc Of said court read SAL CON-
mUlicat;pn AMI then wrote On il, See iGo;ru1-
tons 20, Il ana r. am. sent salri note back 20
SAID Ryan Iii The jury room, thereby calling ;:y
attention c! said jury specially 10 SAID in.:Iuc-
tons.
18TH. Because on the 9th day Of Cctobur, lS-J,
while the yIry Wa, III its DOM celebrating o..
sand case, Hon. Henry \. hclicE, jut-c .! tn,
court, SEN fUr one George !icnsCit. who was
then and there the foreman ot>aId AIRY, ana acld
i private conversation with him III reference -
this case, IL the absence ftac other Jurors. and
without the knowledge or consent III Thu L, ic8d-
ant or his attorneys, and in the absence OF The
defendant, which sad conversation was IL sub
stance, thattEe jury ought 10 1in,i Il verdict. that
the case was entaillGE heavy costs, ald that
said Henri :. Kelley then and there luiUIlued
said Bennett HAT il was proper for him ID an
swcr his questions, and tn"n proceeded - IN
quire Of 81. Bennett how TIE jury siUOd-iOw
many for conviction and how many for acqu.t-
tai, and then repeated that they oIrhr 20 liaJ I
verdict, and because said Henry ). Kelley as
Scntrd TO Benefits suggestion 10 arrive III Il
verdict by cOElprOnI>", anu BECAUSE the con-
v~crsatiOr herein alluded 10 Wa communicated
to The other mc!n3crs % said jury.
Eth. Because Henry :. Kelley, Judge of this
court a. aforesaid, Threatened 10 .iuld said jury
in confinement until the December term Of the
Andrew Circuit Court, unless they SaoUid find Il
Ter'tIcT, ana BECAUSE SaIu threats We're cUinI.u-
nicaI"d to said jury.
leth. Eccauee George Bennett, one Of the jul
rOrS, left the jury room while The jury Uas con-
SIGcrlnT IT'S verdict, and was absent from one
fourth 10 one-Aali IN hour, ana Wao not in the
/ custody Of IN officer