National Republican. (Washington City (D.C.)) 1872-1888, 1878-04-01
A NEW TRIAL FOR CURTIS.
RESULT OFTHE JUDICIAL PROCEED
ISGs LAST SATURDAY,.

The National Republican Ia Instrumental In
Securing the DecisIon--Testi,nony Of the
Jurors Regarding the Proceedings In the
jury Room-A Day Named for tho New
Trial.
The further hearing OF the motion for a new trial
IN the Gaze OF Edward Ray alias Curtis, convicted
OF outmgng the person Of Miss Ella Tydings, OF
Baltimore, at the National Hotel, In this city, in
March, 1877, came up before Justice Wylic on Fat
uriNy last
The counsel OIL both sides were present
Colonel Corkhill was about 10 proceed
The court stated that the afiidavits satisfied him
that Il was necessary to grant a new trial in this
case. The jurymen had made nHidayits, and In
some respects they were remarkable ones. Each
had doubtless stated what he believed to be true,
found that Only two OF Them agreed A. to the fact
That THE NATIONAL REPUBLICAN OF the sth OF
March, containing report OF the testimony IN the
case and an infammRtnry editorial article, calcu-
lated to prejudice the mind, Of the jnrors against
tho prisoner was read IN the iury.room. The
reading Of the r paper y The ,u room pm was la,t
init the editor to come In upon their deliberations
and deliver speech on the subject under discus
sion before a verdict has been agreed upon. The
paper was read by one and heard by Others Of the
jury. Some say that
| THEIR MINDS WERE MADE UP
before leaving tho jury.bos. but it requires the
agreeing Of twelve men for verdict. IL does not
appear what effect the article had on the minds Of
| two iurymcn-wheiher It Influenced them or not
but Vt could be regarded probable that II might
III did have such effect then the party Is entitled
| ~ n new trial aud " II Is uncertain, then he Is
equally so entitled He regretted the circumstance,
and probably the jurr VIM carried the paper into
| the room ought D. lie punshcd-espccally -, the
one that read it, but. believing that 1t occurred
more through ignoUnnCc aud cnrclcssnCss, and be
ing the inst instance If the kind in his experience.
District Attorney Wells asked that the court set
| Apti - for the time Of the next trial. The ease
had been before the court a long time and was OF
such n character that II on !ht to be disposed OF
speedily.
| Colonel Cook said that the defense could not b.
ready sOIn II was Necessary Ia secure certain
depnsltions IN New Orleans.
The court set the case Tor the time named
The following saynnpsiS Of
,TiIE TESTIMONY or THE JURORS:
william r. GIN. foreman The SArIoSAL RrrvB;
| IICAN was real by himself Mr. rbk,nlI0rn handed
II 10 him. and he read 1t before the whoc panel
The srticlc was report of the testimony. Ils
Jury stood eleven To one and there was some dis'
custom about the evidence as published. MT
SUNNY, the juror that stool out said that he would
change his vote provided they would not divulge a
single thing that transpirci in the room. lie sup
pNsCT that the discussion had II tendency IN change
the vote.
Samuel V. Hurdle The article was not rad until
aiter the jury came IN u cone isUn as tn their yer
dict. II wis not the subject Of discussion until alcl
that time. It did not III any way Ahcrt the assem-
Of any member Of the Jury to the verdict.
Gle IN IKE RErrBnCIS until GflGr the Jury stood
eleven To one. ltwas not discussed. 1t did not in
hucncc him.
until after the verdict was made mp. The jury
Stnpd eleven TO one. and Mr.. SUNNY was the last
man tn agree und before they lc:t the jury room
he required all of the Jurors to swear that they
would not dvuge what had tnnspirei III The
room,
ing the paper but he did not and there vas no Dis
QUESTION upon II. II did not affect his Judgment
John T. CoSten There was all article read, but 4
had no effect on his mind.
John H. Brown. Thought that several Of th'
jurors rad the paper. but lie took no part in it. !
did not influence him.
| John \. silence knew OF no diScusstDn TIT
paner had no influence on him.
| Joseph Flynn. The article was read aloud by Mr.
GIN, aud there was some discussion over H. II ha'
no effect upon hhh. The only member stnndim.
out when the Judge sent for them ut one o'clock ~
saturday was Mr.. Sumny. lie told the witnrss, n
they were coming down stair 10 70 into court, tia
il the Judge did not discharge them he would
| whuu he went back vote with the others for con
viction Thl, Wa before the reading Of the paper
The witness told several of the jurors Of this n
they were going back 10 the jury roOu that the
were now agreed u SUNNY had said thS h
would vote with them lie introduced the Rapc
into the iury.room and Il was entirely accidental.
Charles II. FOOtc Foreman Gill read the pape,
but was unable to ray whether or not there wa
e any discussion upon II. II did not AFFECT him a
= his mind was made up before he len the lury-blI
; Samuel Mason saw the paper on Saturday III
, raid no attention to il, and did no, know, thu
tlIcrr WAS amy disCu ssiOn upon II. His mind wa
! made up before he went TO the Jury rpnm.
Benjamin ". SUNNY. The kEPubIlCAN was 4
possession NJ certain members of The jury and rcu
: Inst by Mr. FulkinhOrn aud Altcrwgrd by Mr.. I'll
| The article read was the testimony Of Miss Eli
TydnyE. II was discussed by nearly all the meu
herS Ufthe Jury. A. 10 the effect the article hn
II relieved his mind Of quite u responsibility, u
the testimony OF Mis- Ella rydinaS wGs not entirel
satisfactory IL him NJ he heard II from her Ow
lie could not say; but this much he knew, thu
lips