Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-03-30
Busy Day In the Criminal Court.

Criminal Court room there was seated the fol-
lowing prisoners, in each of whose cases mo-
lions for new trial had been entered. Edward
Ray, alias Major Curtis, alias HoughtOn, alias
Richardson, convicted of having committed a
rape upon the person of Miss Ella Tydings of
Baltimore, at the National Hotel about a wear
since; Catherine Bailey. convicted of robbery
OF soldier: Sandy Bruce, convicted of lar
eeny OF public documents from the Capitol |;
samuel S LARK, colored, convicted of the muir
der OF John Lee, better known as Jack Cash.
also cOlored, on Christmas day last: Cephas
Jones. convicted of having committed a rape
on the person OF Miss Florence P. Smith, on
me ZOth OF November last. Besides these,
Thomas ClaxtOn, in whose case, under a charge
OF manslaughter, the jury yesterday found
special verdict.
CHARGE OF CONSPIRACY TO DEFRAUD THE
r. A. Sawyer. w. T. Haines and F. w.
BROOKS, under indictment for conspiracy to
IefTaud the government, were also present.
The trial of this case had been fixed for Mon
day next.
ex-senator Carpenter and Mr.. Cook, of cOun-
sci for defendants, filed affidavits for contin-
uance for thirty days. The court declined to
grant the order.
The case OF Ray, alias Curtis &C., was called
up, and Mr.. COrkhill was about to commence
ms argument on motion for new trial,
based principally on the allegation that the
Jurors had in the jury room a copy of the Re
p%16 a containing the evidence.
10 1nrther argue the matter as the atfdayits
satlshed him that he ought to grant a new
anal and bs The t twelve Jurors had made adavits
able collection. He no doubt but that
each juror stated in his affidavit what
ne ne 81 believe the to be true, but nearly
facts. There were two who agreed that the
paper in question (the Republican, of the Stb.
containing portion of the testimony and a
minds \ MT
the jury room before a verdict was agreed
upon, and it was read by some, and in the
bey OF others Most Of them say that
some say that their minds were made up be-
lore they left the jury box. Two of them state
that they had seen or heard the paper read be-
lore they made up their minds, and although
IL does not appear what effect the paper had
on Their conclusions; yet it is probable that
such an article had some effect on one or more
OF the jurors, and if it had any effect the ac-
cUsed was entitled to new trial: if il was
doubtful or uncertain that it had such effect he
was entitled to new trial. because parties
are not always able to say what affected their
minds IN reaching conclusions, and most men
form opinions on variety of circumstances.
ne rewarded the entrance OF paper as sub
paper TO enter the jury room and make a
harangue. Here was a deliberate article. first
written, then printed and placed In the hands
OF jurors. 1t was calculated to have greater
effect than any speech by an editor. He re-
GREETED this circumstance, and probably the
Jurors should be punished especially the one
t VINO TOOK ont the paper and read it; but lie
thought the act was done innOcently and in
adVertently, and he would therefore overlook
It. 1a he referred to the case of Reed, in 18th
Howard, and also to similar cases in I'd and
18th Cranch, as authorities.
Inc District Attorney asked that the case be
iiXed Tor trial on Monday april 23dl.
se Mr Go46 sad sane 1t would be impossible for de-
would have to procure dispositions from New
Orleans.
The Court advised the counsel to be diligent
saying, he had no doubt but they could pro
cure the dispositions before the day named,
and declined to put off the case.
NJ, c TIE GLAXT0N-HoRNER CASE.
MI. COrkhlll called attention to the case of
ClaXtOn. in which case, on a charge of man
slaughter a special verdict was rendered yes
terday, and remarked that as this was the first
t tiihe ne nad heard OF such verdict he de-
slred line to determine what course to pursue
1 n court remark ed that yesterday he did
not not order the defendant into custody be-
cause ne thought there was no risk in allowing
nm TO go home to his family, but he would
nave 10 order him into custody now The |
counsel had four days in which to file mo- |
ton for new trial.
THE MURDER OF JACK CASH.
The motion for a new trial in the case of |
Samuel A. Clark, convicted of the murder of |
) Ohn Lee, alias Jack Cash, based principally |
and argued by MesSrs. T. +. Miller and John |
IL. Cook for the prisoner. and the District At |
5gGd ior the government owe The motion was
said that since the filing of the motion two |
weeks since, he had considered it, and taking |
up the reasons, he commented on them ar
some length, and in conclusion he denied the |
motion, saying that he was satisfied that the |
prisoner had fair and impartial trial. and |
was properly convicted. One of the worst fea |
lures OF the case was the threats made to get |
The prisoner was called on to stand I'D. and |
as he du so he seemed for the first time to re- |
aliZe his position.
Il q al hn hol
why the sentence of the Observation-Disclosures |
moi be passed upon him.
ne prisoner, with some falter in his tone |
said: Your honor, didn't do the crime that |
they have charged on me. AS for the threats |
your honor has referred to, never made any |
and never went that way. always attended |
TO my business at the corner of Nth and C |
Of my aged parents. It was a hard thing !
lnemDllng) for me to set here and see inv iifa !
sworn aWav; lint ! had to bear it, and / feel
lOr my poor old mother and I'll have to suffer-"
THE DEATH SENTENCE.
Inc Court.-t is very painful duty to per-
form. You have been tried and convicted of
eea mnrd Gt OF k in cold blood the
that you pc taken hence to the Jail of the Dis, |
.rict OF Columbia, and be there confined until
Friday, the 18th day Of April, between the
hours OF II and O'Clock, when you shall be
hanged by the neck until you are ,ii1auii ai,,,
may the Lord have mercy upon your soul.
Inc sentence was very impreSSiyely DrO-
amid the utmost silence on the bart
Of the audience, who seemed to be awe-stricken.
The prisoners eyes flied with tears once or
twice, and he was at once removed to his seat
in the dock,
The eOunselwill take the case to the General |
Term on exceptions.
IN THE CASE OF CATHERINE BAILEY,
few days since of the larceny of |
SlU from Thomas Jones. an old soldier, Mr. |
Iaggart made motion for new trial on the |
ground that three of the jurors who convicted |
her were DISQUALIFICATION having served as |
jurors within two years, and one being a non |
resident and was arguing it when our report |
closed.
DEEDS IN FEE have been filed as follows -
Nj. A. Thomas ct al. to Ia. Thomas, s. lot !
Il, So. lS3: Francis UpShur ct al. to Solomon |
Slower, $1,000 lot Is. So. lS3: Hudson Petit to
ID. +: Ryan ct al, s., part lot Is, So. GA: 2. |
II. GilhO0ly to Andrew Wilson, trustee, s.,
lot 5, So. 1,G07; ELS. Fraser ct al to IA Fraser
ct al 8, part lot 2 So. 4l4; s: A. Evans to
T. A. Tracy, 500, lot 40, So. $685. F. P. Burke to
NJ A. Curtin, s, 500, sub IS, SO. 22s and $500,
part 5, So. S94 +. p. Burke to NJ. A. Curtin,
-, 600, part s. So. S9i; j. g. Mitchell ct al to j.
+. n. Wilkinson, $50, part Il, So 499.
BEAUTIFUL PACIFIC) LAWNS, 1Oc beauti-
ful dress goods; l5c.: great bargains in black
Sllks-black silk al 75c. black Silk at 81, excel
lent quality: black silk real satin finish, fine
uuaify only 81 d ftbiS Snaaial no