Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-03-13
from the hook. they had read on til.

NVs itVu Nue poOAS lucy nau feau On Tue
2Srd.
When this motion was on argument l
thought the circumstances unique and Pc
culiar, and 90 stated. But on subsequent
research, il was found that there arc prccs-
dents where such misconduct arose before a
second charge to the jury. The first one il
Hartung '. The People, 4 Park, Grim. r.,
S29, . conviction of murder. 1t was before the
Supreme Court, at Albany. on an exception
to the refusal Of the court Of Oyer and
Yerminer to grant . new trial for alleged
misconduct of the jury. The alleged mis-
conduct consisted Of several particulars.
l. That the jury. during their deliberations,
improperly possessed themselves of a COPY
Of the Revised Statutes, and consulted the
same, in relation to the crimes Of murder
and manslaughtsr, (which fact was establish
cd by proof not coming from jurors.) 2.
That in like manner they obtained and con.
suited , newspaper containing a report Of
part of the evidence; (this charge resting,
also, upon affidavit, aliunde.) s. That the
officers having the jury in charge, were
present all or most of the time during their
deliberations, (this charge, like the first,
being OF legal proof.T 4. That the verdict
was rendered under the improper expecta-
ton that the prisoner would never be execu-
ted, this, like the second exception, resting
on affidavit aliunde.) 5. That the jury i'm
properly sent . communication to the presi-
ding Judge without the knowledge of
the accused or her counsel, or Of the other
members Of the court. In delivering judg-
ment, the supreme court, Hogeboom J.. said,
"The application to set aside the verdict
"upon these grounds, was properly made to
the court which tried the prisoner, and was
"refused by them ~ to the second, fourth,
land fifth objections upon the ground that
"they were unsupported by sufficient EVIL
"dence, and %unfounded in fact and as to the
'irst and third objections, that no actual
''detriment ensued to the prisoner, inasmuch
"as though one or more OF the officers were
"iu The room, no improper communication
%''prejudicial to the prisoner took place be-
Tween them and the jury and that although
the jury did, at one period Of their dsliberu-
%''tions, examine portions Of the Revised
Statutes touching the %ofienses Of murder
"and mans!aughter, they subsequently, appear
"sd in court, and rers specifically and inpera-
"tirsly instructed by the cour, as to the ma
"ture of those otf.nses and the discrimina-
"tion between them. ! do not deem it
essential" continues that learned judge, to
Gravel over the entire evidence relied upon
ito establish the existence o fthese irregulari-
"ties. l concur in the conclusions to which
"the court below arrived in regard to them
son the questions Of fact. This disposcs OF
"the second, fourth, and fifth objections.
without the necessity Of further remark
"The first and third specifications were
Charges Of mere Irregularities, censurabl'
zones it is true, but not resulting in any actua
prejudice to the prisoner; and l think v,
may safely dispose Of them on that ground
expressing our concurrence in the views o
the court below upon those points,"
ITO BE CONCLUDED TOMORROW.