The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-05-03

4 see that the prisoner has been injured b
4 reason OF the objection alleged to these iE
I rors, II. am forced to orerru,e this groun,
for neR trial also. .I.., y,.yts... 70; -
.|JA ~: The Windsor Exception ii,
! .Tis' reason which f!applies to the foustl
/ applies with even more force to the tiitI
and hast assignment, which is that the juror
Richard 8. Windsor, of ,Aiexan dria. IS not
and WINS not at the time he serred. a com.
l.petent Juror For the reason that he bad moi
/ paid his 'capitation tax for the year 1877
The Only Disqualification for the nou-pay.
nent OF the capiIation tax named in the
| Constitution is '.tbe preceding year,p and
the Court cannot add an exception not
named In the Constitution: Crafts case,
| "a Graft. CIT. Inasnlncb, then, rs Icanno,
see that the accused has been injured by
any Of the alleged -disquaIifcatiens COM
planned Of 49,,
e.. I AUsT OvERRgLE r.,
this ground also, which disposes OF all the
grounds assigned for granting he new trial.
In the language Of the Court in Bristow's
case, 18th Grattan, 64S: "To permit pris-
oners TO avail themselves after verdict of
preexisting objections to the competency OF
Jurors, as matter OF right, would not only
be undesirable, hrt most mscheyous in It's
consequences. The delays in the adminis-
tration Of criminal justice and the chances
Tor the escape OF the guilty would be greatly
increased. Proper yerdicts, especially in
trials for grave offences, would be continu-
ally set aside. :. - !. u. sn-..j.-
II A PRISONER KNOWING ~ -,
or ..wil'ulIy remaining ignorant OF the In
competency OF a Juror would take the
chances OF favorable verdict with him
upon the jury. and il the verdict should be
adverse, would readily enough make the
affidavit necessary to avoid its effect" / do
not pretend to intimate that this prisoner
has or could be induced, for any conSldera-
ton, TO make any affidavit that was not alb
solutely true, but simply quote the fore
going language to show how the Court OF
Appeals regards efforts of this sort made
to set aside or annul trials conducted pro-
perly in other respects.
On the whole case am forced TO over
rule the motion fora new trial.
Syri7:allfy.
1t may not be improper for me to add in
concluding this hastily. prepared opinion
that have felt, and still feel. the deepest
sympathy for the accused; his former eN-
ceptionalIy good character, and the manner
IN which he has demeaned himself during
this terrible trial, together with the deep
sorrow that know this deed "a calamity that
may oyertake any young man in this COM
munily) has brought to his heart and to the
hearts of those dear to him, have touched
every chord OF sympathy in my heart.
Every doubt that have had during this
trial has been resolved in his favor, and il
had any doubt whatever OF any position
now taken for new trial ] would gladly,
at any cost 10 myself or the Commonwealth,
GRANT THE NEW TRIAL;
but entertaining no such doubt, am forced
to decline. according to the law as I under
stand it; and he having been found guilty
by. jury of his country OF an offence
against the law. which | am sworn to en-.
force, it simply becomes my duty to enter
the judgment OF the Court on their verdict.
In doing this I have to perform one oi
the most painfully sad duties OF MY life.
II / have committed any error will az
ford every facility in my power to have
that error corrected, and no one will rejoice
more than will when this is done.
Counsel for defence were occupied from
II until 8 O'Clock in the preparation OF the
bills OF exception, including the evidence
The prisoner will be brought up this morn
ing for sentence, but the execution OF The
sentence will be suspended until defence
have time to apply for writ OF error.
The Supreme Court has adjourned for the
term, and will meet at Wythevilc In July