The New York herald., 1879-10-05
THE SCHULTZ MURDER.

MOTION TO SET ASIDE THE VERDICT OF MUIR.
DER IN THE FIRST DEGREE AGAINST DUCH-
HoLz z-1MpRoPER CONDUCT CHARGED AGAINST
JURoRs--A PRoFFEI OF NEW EVIDENCE.
BRIDGEpoRT Conn.,. Oct. 4. 1879.
The effort of counsel to secure the setting aside
of the verdict in the case of william Buchholz.
convicted Of the murder of John H. Schultz. was
commenced before Judges Park and Sanford this
morning. General Smith offered to read his amended
motion. which contains allegations concerning newly
discovered evidence; but the Court excluded all
proof except those points alleged IN the motion
filed within twentyfour hours after the verdict
rendered. These relate to misconduct the part
several jurors in holding frequent conversations
during the progress or the trial about the case.
Joseph Il. Lockwood is the juror concerning whom
the most serious charges made. Several wit
nesses testified to comments of this juror on the
clearness of Detective S;arks testimony; to ex-
tended conversation in street car. in which the
juror was overheard to declare, II made up my
mind ON the second day of court and I
presume most of the rest of them have" and to
rurthcr conversation of half hours duration in
restaurant in which the juror listened and replied
to arguments concerning the insuficcncy OF time
for Duchholz to commit the crime. and concluded by
saying:-"The circumstances OF the
strong that it is easy matter to form opinion
The evidence concerning derolctions the part Of
other Jurors was not concluded when recess was
taken. The State Attorney declares he will deny
IN toto the truth Of the principal charges.
EvIDExcE.
The new evidence referred to s the finding of q
hafchet in the immediate vicinity o, the spot where
schultz murdered. 1t will be remembered in
stark's evidence he testified to Buchholz having
started remark. and then checking himself. say
ing. "Oh. that's too swimming!" On the strength
Sors ai sse seV seaes r'is iSe Vicinity am .oaa snd
the top or a beech tree. close to the
ambush. they discovered hatchct said to
have been cotted with blood upon tho back
with two hairs adhering. Tho side of the
tree had been notchcd to fac tate its being climbed
The hatchet said have been scaled deposited
in the vault of South Norwalk bank, where IL now
remains.
This afternoon Buchholz and his three counsel do
clnred under oath that they had no knowledge prior
TO the close the H. OF any OF tho facts brought
out ia to-day's testimony.
JUROR EXPLAINS.
Juror Lockwood. after spton taken to the
reception OF his testimony, WAS allowed to explain
tne circumstances under which he conversed and tho
language used. With regard to Stark his remark
was only OF the manner. not the evidence. of the de-
detective. hc denied saying I'm that he had
made up his mind the second day OF tho trial.
when asked In ear a II IL would take long tor
the Jurors to make up their minds II had tor the
lawyers To argue, he had said III shall make up my
mind from the evidence, aud suppose the rest OF
thejurors viii theirs" In the restaurant a juror
had replied 20 an argument repeated to him of the
time consumed by Buchholz between the arrival OF
the train aud the time Of reaching Warnings house,
10y saying, "Somc walk faster than OF hers " such
roinark being made with OF ending the con
versation. The question in the tho other
Jurors Is only whether they affected by the
versation In dining room, to which conversation
they say they did not listen.
DECISION DEFERRED.
General Smith made an extended argument,
citing large number of cases. The state DAttorney
did not make any rcmarks. but presented dozen
authorities. The Court ammo need that u decision
wouid DC rendered on the evening OF the 18th inst