The Brookhaven ledger. (Brookhaven, Miss.) 1875-1883, 1878-02-28
AnderNOn ..ScnseRced TO
b Is lseulaem Stnry.

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New ORLEAss, Feb. %. - Judge
Whitaker to-day rendered his decision
upon the motion for n new trial in the
case Of Thos. G. Anderson. The Judge
holds that the verdict is in accordance
with the evidence. As to the first point
that James Prince, one Of the colored
~jnrors. was not a competant juror. said
Prince beng under the legal age, and
Anderson, therefore, having been tried
by eleven Jurors in violation OF the
Constitution, the Court held that Prince
swore on his rol' dire that he was %
years of age, and had registered and 70
ted in 1876. The burden OF proof as
to his not being of age rests on the
mother. The mother OF the Juror
being sick ard demented there was no
record Of his birth or his baptism. The
Judge then reviewed the testimony OF
witnesses, several Of whom had contra
dicted themselves or could not fix dates
10 the age of the prisoner. The testi-
mony altogether does not fix the age OF
Prince. The opinions of the witnesses
and heresay evidence alone has been Of
..red for the guidance OF the Court.
The Court cannot say that the Juror,
Prince, swore 10 n lie on his voT dire
on the contradictory mass Of indefinite
statements in regard to the point that
Jeremiah Lincoln. another Juror, had
expressed his oplnion of Anderson's
guilt before trial, and on his roir dire
examination declared that he had no
fixed opinion in the matter. The Court
holds that the three witnesses exam
ined on that point, declared they
hearl the Juror make any snch state
ment. Az to the testimony of Little
deld and Senator Zscharie, which it Is
claimed by the defense would have ma
terially aided the accused in proving his
innocence, the COnrt holds that both
these Witnesses could not have dis
proved the evidence Of Mc(Iloin. Col-
Inns and Evins, as to the presence of
Anderson at the opening of the Vernon
returns, to which Governor Wicklif.
on hearing Of motion for new trial.
had testified that Littlefield was on
hand when the motion was tried. bnt
was summoned for the defense. Zacha-
rie was not positive as to the absence Of
Anderson. and as the ~inaccuracy of Col
Inns report as claimed by the defense.
he testified that they were in the main
correct. There was no other evidence
offered at this point. The motion must
be denied.
New ORLEANs. Feb. % Andersen
was called before the bar this. morning
aud the motion IN arrest OF the judg
ment was overruled, and when asked il
he had anything to offer before being
sentenced. Anderson said: THAT he
considered his case a cruel persecution
under the form of law, that be WAS in the
power of the Court and ready to receive
sentence." Judge Whitaker answered
that the accused had had a fair trial
before an impartial jury and that the
verdict was fnlly justified by evidence.
He then sentenced Anderson in conse
.duenoe Of recommendation OF the jury
to the mercy of the Court. to lowest
term under law two (2) years hard labor
in the State Pe~nitentiary and costs. A
s~uspeusive appeal Was granted returna-
BILE on Wednesday,.
A motion to transfer cases Of Wells.
Kenner and Glassware to the United
States Cnurt was filed and will DO heard
on Wednesday, March 9th.