The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-11-23
ment in the peniteDtiary and that Judge
Weisiger had granted new trial. tas;je.

ment in the penitentiary and that Judge
Weisiger had granted new trial. Ia.s;j,;.
The following additional facts in refer
ence to the trial have been gathered: The
argument commenced about noon Tuesday,
and was continued until 10 O'Clock, when
the case was given to the following jury:
Edward Z. Clayton Qoreman). .Thaddeus
4. Bottom, n. u. Chalkley, James L. Beaz-
ley, Samuel G. Smith. George w. Fergu-
son, Washington Fuqua, Valenus Turner,
Stephen J. Dyson, Owen 2Barger, John w.
Jones, and Charles A. Willingham. M u >
The Jury stood for some time three for
|acquittal aud the others for conviction Of
various grades OF murder or homicide.
They finally compromised on a conviction
for murder in the second degree, and gave
the prisoner the lowest term Of imprlson-
ment allowed by law.
Below will be found statement OF the
reasons which governed the Judge, fur
nished by ono Of the counsel for the ac-
cused: .ss .. Z, sai il ~
After the verdict had been recorded and
the jury discharged, counsel for The prison
er moved for new trial on the ground that
the verdict was contrary to the law and the
evidence. The Court, granted o new trial
for the purpose Of allowing the testimony
OF Jesse Mason (colored) to be received,
and any testimony impeacbing Mason's tes-
tiJnony.
Mason was q witness summoned by the
Commonwealth. The Commonwealth re-
fused to introduce him. The counsel for
the defence declined to do 50, as under the
rules Of law they could~n not impeach their
own witness.
The Court will compel Mason to be put
on the stand by the Commonwealth at the
next trial. -- s.-
The opinion OF the prisoners counsel is
that his testimony will put very different
aspect upon the case from what was pre-
sented at the late trial. "
The following statement is made by one
Of the gentlemen acting for the Common
wealth: ...... ,..-....-..
After the customary formalities had been
gone through, with and the jury discharged,
counsel for the accused made the usual mo-
tions for new trial, arrest OF Judgment,
sc. In course OF argument that followed
this proposition it was stated by counsel for
the defence that the instructions Of the
Court, as they understood them, precluded
them from offering testimony which they
believed would tend to the eXcuIpation OF
tue prisoner.
The Court thought the gentlemen were
mistaken, DuG the statement was reiterated.
The Judge then stated that when the life
or liberty Of any man was in jeopardy it
should not be said that any instructions Of
his had caused injustice to be done. He
therefore granted the new trial on these
grounds alone, and not because the verdict
was contrary to the law or the evidence.
On the contrary, he complimented the jury.
and stated that he had no complaint to
make. The evidence OF Mason, when
heard. will not weaken the cause ior-fhe
Common wealth. ....... .....-.
On the announcement OF the verdict Hord
was completely unnamed. Notwithstmd.
ing the efforts Of his counsel to prevent
him he made a statement to the Judge, In
which he alleged that some Of the testimony
bore too hard upon him. ....
Judge Weisiger will hold special term
early in 1873 for the trial Of the case.