The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-04-29


looking from what he was before the Sd of
March. Notwithstanding his great SELF
command, he begins to show the effect OF
this trouble.
About II O'Clock hr. Young moved TO set
aside the verdict and TO grant new trial,
and in supper; thereof read the following:
IN the Hastings Court Of the CITY of
Richmond Us. John f.. Poinderter.-Th
day personally appeared before me, in my
city Of Richmond. John f. Poindcxter,
who, being first duly sworn, made affidavit
as follows:
Since the jury was cmpanelled which
tried him Inc has discovered that one Of the
jurors accepted on said jury-to wit, 0. J.
Doggctt-had, prior to his being summoned
10 serve rs Il Juror, formed and expressed 4
decided ard substantial opinion in refer
Gncc to the guilt Of this affiaEt OF the charge
! for which he was tlitd; that such opinion
was wholly unknown to atlIant, and that he
bud no means possible of ascertaining the
same. inasmuch as he did not know that
said Do9gctt had been summoned to serve
until he came up to the clerk to be sworn.
Aflivnt further makes oath that he has
| been informed since the said trial HAT two
others of said iurors-to wit, J. L. Woody
and George II. Pcyton, Jr., summoned from
| Observation-Disclosures not and are not cCm-
and laws Of Virginia, because neither they
nor either OF them are. nor were they, en-
| tilted to vote or hold Office in their respec-
| five corporati0ns 1T the time they were
sworn upon said jury and acted rs jurors
! in the trial or SAID cause, in ths-lo wit.
! that neither OF them have paid their capita
tion tax for the preceding year, as required
| by law. And atliant had no means OF ascer-
! tanning these facts prior to this said trial.
And atliart herewith refers 20 papers CA
and ~ herewith filed is part hereof in sup
| port of this affidavit.
JOHN +. PoISDEXTER.
Subscribed and sworn to this 2Sth day Of
! April, 1879. before me i'll open court.
ANDREW JINKINS,
Clerk Richmond Hastings Court.
ME-. DoGGETT's EXPRESSION.
| Firginid-to 1rH:
This day George Z. Chancellor personally
| aprcarcd Lciore me, w. Il. Mason, in the
State aforesaid, and made oath before me
| that on or about the 18th day Of April,
| 1879, he heard 0. j. Do@gctt, in convcr-
| sation with him the said Chancellor. in
reference TO the trial OF John +. PoindcN-
ter, charged with killing Charles c. Curtis,
state in most emphatic manner that he the
| said Dog"ett had formed most decided
and substantial opinion in The matter, and
| the said John +. Po,ndcyter should be most
! severely punished, and could not see how
| Jury could do other than convict.
w. r. MASON, Justice OF the Peace.
April %, 1879.
Then follows certificate Of clerk Of court
that Mr.. Mason is Il justice Of the peace OF
| Fredericksburg. &c.
Papcr Il certilics that MesSrs. Woody and
! 81 u, uti ~ IA
for 1878.
THE FORM OF TIE ORDER.
Mr.. Young, while highly comp!imcnting
Mr. Jinkins for his skill in drawing orders
and other court papers. gave the following
"a what he desired, in substance, tG go upon
record:
In the Hastings Court Of the city Of Rtch-
no0nd- Commonwealth Us. j. l.. Poindcrter.
The prisoner, being this day again set TO the
bar, moved the Court TO set aside the verdict
rendered in this cause, so far as the same
purports to convict Of voluntary mansIauGh-
ter and to ascertain the time OF continc-
mcnt i'll the penitentiary at two yeals-upon
the following grounds, to wit:
tTSt Because The Court enormously adj
mittcd aS evidence to The jury the testimony
| OF V. 5. Carlton and OF other witnesses
concerning an assault made upon the de-
O'Clock on the mornin" of the day on which
said homicide WAS communicative said
proof failing to show such legal conncc-
lion between the said assault and the sub>c-
oucnt killing rs would Justify admitting rs
evidence. without limitation, the said as
sallt OF the morning and the particular cir
, cunlstanccs attending il, and because the
admission Of said evidence operated to
greatly prejudice the prisoner before the
jury.
Second. Because The verdict is contrary
. to the law and the evidence.
Third. because one OF the jurors. y. D..
Docgctt, bad formed and expressed, pre-
yiouslv to his being summoned OF the jury,
s,,cl decided and substantial opinion
touching the guilt of the prisoner Us dis
qualified him from being competent juror.
fuur!h. Because two OF the jurors from
Trc4cricksbur@-to wit, j. T.. Woody and
; George Ii. Pcyton, Jr.-werc and arc not
competent Jurors according TO the Consti-
tuition and laws Of Virginia, in thiS-to
wit, that neither they nor either OF them
are now or were entitled to vote or hold
Office in thcir respective corporations at the
time thcv were sworn upon and acted Us
Jurors in the trial OF said cause.
4 TELEGRAM FROM NR. DoGGETT.
Judge Christian handed Mr.. Young the
following telegram, which the latter read
out: ., o
FREDERICKSBURG. April %. 1879.
81, Hon. Georqe L. Christia9e, Juige Of the
Hastings court:
Dear Sir,-I have this morning learned
that er. .parfe aflidaSit> were made In frct'-
ericksburg on saturday last calling in q'les-
tien my conduct prior to my service ;ss one
| of the PointlcSter Jurors,
Should ailidavits be considered by you |
ask that may be summoned. and that an
opportunity may be afforded me to explain
any seeming Inconsistency between the de-
clara;ions which [ made in your presence
and those confined in the ef.garte state
ment-
| Respectfully yours. o. j. DeGGETT.
THE ARGUMENT.
The ,netion to set aside the verdict was
argued at length by Mr.. Young, and by Mr..
J. S. Wise and Judge Minor briefly. Mr..
Royall called the attention oil the Court to
some authorities.
The law relied on as to Dogsctts disabil-
ity is TO be found in Jackson's case. III 23d
Grattan, 9l9. Many cases have been de-
eidcd in Virginia, jn many ways, us 10
whether particular expressions disqualified
a Juror, but the general question Is mose
fully discussed in JacksHn's case Than elss~
where. There the Court says:
"There is 70 question perhaps ABOUT
which there has been more apparent con-
n. t,>k khs Sf,tn