National Republican. (Washington City (D.C.)) 1872-1888, 1878-03-14
CURTIS RAY OF HOPE.
HIS COUNSEL APPLY ron A NEW
TRIAL,

And Charge that the Verdict was Coerced
by tho Court-And that Jurors Read the
National Republican-They Expect to rs
tabiisb an Abb IL they Get Another
Chance.
Colonies Cook and oorkhlll, counsel for Edward
Ray, alias Major L. II. Curtis and other aliases,
convicted OF outraging Miss Ella Tydings, yester-
day filed batch Of papers making up their appli'
cation for q new trial and the grounds on which II
was based.
cause Che Court refused to allow the defendants at.
torneys before the jury was empanneled to ques;
them as mSht be incompetc4t and assertSn as
to their qualifications, maintaining that the Court
had that province alone. On account Of this re-
the bias OF the Jurors and especially from knowing
that Joseph Flynn was biased against the prisoner
and that Others Of the Jury had served on The jury
within two years prior to that time among them
one Foot.
Because when the panel was exhausted the jurors
ordered to be selected from The by ISLANDERS who
had assembled In the courtroom;
Because, upon the trial. the defendant offered
Of the offense tho prosecuting witness,
Mis- Ella Tydings, was an inmate Of
Baltimore, which the court refused to admit or hear
argument upon.
| Because the court erred in not instr,cting the
Jury whether or not, nom all the evidence, Miss
| Eua Tydings had been corroborated In any mate.
rial part Of her testimony to the commission Of
| the alleged crime, and that the court
ERRoNEousLY INSTRUCTED THE JURY
that they, the jury were not only to consider, as
corrobofntivc OF Miss Ellr Tydings testimony. that
u rape had been committed, but 10 give their full
weight 70 all the testimony in regard to what took
| place III Baltimore between these parties.
| Because the court refused TO grant the seventh
prayer, which related to her being in his room at
rooms being occupied and no cries being heard,
and which could have been heard If they had
been made.
Because the court refused To grant the eighth
| prayer, which concerned the crediblity OF Ella
Iydings and her concealng the facts amer she had
opportunity to complain and whether or not her
room was one IN which she could have locked and
| secured herself
Because the court erred in refusing to grant the
ninth prayer, which was that II the witness. Mis-.
Ella Tydngs, had, in the narrative Of the occur
renee at the National Hotel, In any particular tcsti
fled falsely, tho whole testimony should DO re-
Because the court refused to grant the prayer
eleven. on identification aud on account of nscon
structiOn on the question Of reasonable doubt
Because the court repeatedly sent for the jury
| with "ut having received any message from them
and inquired Of them If they had agreed and on
receiving All answer in the negative told them that
he did not intend 10 starve theIn, but intended q
have verdict; and that by the use Of this aud
other expressions
THE VERDICT WAS CoERCED.
| Because tho verdict was obtained by Improper
and illegal conduct toward aud treatment OF, Tie
Jury.
4 Because the verdict Is against the Law and
contrary to the evidence.
Because there are two counts In the indictment
one of rape and the other of assault with intent tC
commit rapc-and the verdict Is general
Because the verdict is not responvse to Tx
issue.
Because on new trial the defendant EXPECT
10 prove that he was In New Orleans at tho tim,
the alleged oAense was committed.
Because, on new trial the defendant expects Il
prove that before and after the commission OF til,
alleged crime Miss Ella Tydings was uuchastc ant
that her character for truth was bad and that sht
was generally dishonest
Because the defendant Is informed and believe
that, after the given TO the jury. and whit
engaged In deliberations, one of the Jurors Joscpi
Flynn had copy of The NATIONAL RCrcELICAN
containing statements Of the testimony and an &C
count of the trial. That said paper was produced
| aud read ard also copy Of said paper 10y unothc
OF the JUROR and that by reference % thee papers
e disputed questions Of testimony were determined
: and u verdict Influenced.
Because 1t was misconduct on the part Of tic jur
TO have said papers In their possession.
The argument was set down for next SRturda
morning.