Morning journal and courier., 1880-03-20
The Edwin Hoyt Murder Case.

The Motion for Q Now Trial Denied KesterdaY-Sentenced to be Hung May 18th.
 The motion for new trial for Edwin Hoyt, who killed his father on the 23d day of June, 1878, at Sherman, Conn, was argued before the Supreme Court of Errors at Bridgeport, Thursday. Mir. H. s. Sanford, counsel for the accused, argued the case with great earn- estness and zeal, speaking over two hours. MT. William F. Taylor, of Danbury, his as sistant, also occupied an hour in his argument, both gentlemen presenting their grounds for new trial in very able manner. They were replied to by State Attorney Olmstead, who ardently pressed his reasons why 8 new trial should not be granted. The motion was denied yesterday morning and no trial will be given him. The accused was sentenced to be hanged on the thirteenth day of May of the present year.
 The counsel for defense claimed new trial on the grounds, first, that the court erred in refusing to allow the counsel for the accused to take full minutes of the testimony, a de- privation which inured to the injury of the accused; second, the venire man should have been sworn. In capital case the accused certainly had the right to hear all their state ments as to their competency made under oath, and although no claim of this kind was then made on behalf of accused, still the right of the accused thereto could not have been waived. Third, the court erred in ovsrruling the challenge for favor by accused of Juror Brothwsll. He (BrothweID had formed an opinion of the guilt of the accused, and he was permitted by tho court to judge for him self whether he could be impartial or not. Having formed an opinion of the guilt of the accused he could not be impartial. So also with regard to Juror Northrop, with tho worse feature that he had formed an opinion ad- verse to the accused. So also with regard to Siosson.
 4th. The act of 1879, allowing the State twenty peremptory challenges, was sx post facto. It was passed not only after the deed, but also after the finding of the indictment, and also after the former trial of this case.
 9th. The evidence of Joyce should have been rejected for the purpose It was offered. It did not prove or conduce to prove any malice against the deceased on cross sxami- nation Joyce admits that he never heard &C., cused make any threats against the deceased
 9th. The evidence of Beeman should have been rejected for the purpose for which it was offered it neither proved nor conduced to prove malice toward deceased.
 7th. The opinions of witnesses as to ac- cused's insanity was improperly rejected.
 9th. The confidential letters Of accused to his wife were insdmissible according to the authorities.
 counsel for the accused in their time for argu- msnt.
 10th. The evidence of insanity of the &C., cuseds sister was clearly admissible. Nor should the court have allowed the questions and evidence of the cause of said sisters in- sanity, as this raised collateral issue.
 11th. The evidence offered by the State in rebuttal, tending to prove the sanity of the accused at the time of the homicide, was im- properly admitted.
 12th. The court erred in refusing to have the jury boiled, as particularly requested by the accused.
 18th. The omission of the court to make the formal inquiry of the accused why gen. tence of death should not be pronounced against him was a fatal error, just as fatal as to neglect to take any plea from the prisoner. If the record disclose no plea made by the prisoner it is obvious this would be fatal error.
 Hoyt is given the credit of being the best behaved prisoner in the Bridgeport jail. It is the opinion also of many that he is insane and growing more so daily. His good behav- for is not thought an outgrowth of alteration of mind, however.
 His counsel was very much disappointed ct the decision of the court in refusing the trial asked for, and intends to appeal to the Gov ernor of the State for Q respite until the next meeting of the General Assembly. Mir. Will liam F. Taylor, his counsel, visited him at the jail yesterday forenoon and informed him of the acton of the Supreme Court in refusing his petition for a new trial. The said Hoyt seemed calm and resigned and seemed to be indifferent as to the result of his failure in getting his petition granted He has lost considerable amount of flesh since his sen tence, and seems to have the impression that he will not live until the time set down for his execution.