The daily gazette., 1881-11-26
From Yesterday. Late Edition
cARBERRY's CASE.

The Majority Of the Court order
His second Trial 10 Proeeed-The
Chief Justice Dissents.
On the reassembling OF Court this
morning Judge Woottea delivered the
opinion Of q najo.ity OF The Court on
the motion OF the counsel Tor the de-
fense In the case OF Morris Carberry,
charged with the murder OF Samuel
Adams, colored, on the ground that his
life could not be placed Ia jeopardy
twice for the same otieDse, bis hfst TRIAL
having ended In the disagreement and
discharge Of the jury.
The opinion reviewed at leugth the
progress Of the last trial and recited the
charges that led TO the discharge OF the
last Jury. The authorities cited by the
opposing counsel were reviewed with
the conclusion tbat there was such q
conflict Of opinion on this subject as 10
leave lis decision discretionary with
whatever court IL may happen TO come
before.
The opinion then stated that after n
carefu examination the majority Of the
Court came 10 the conclusion that the
prisoner thus far In this case bad not
been placed In jeopardy OF his life, and
that the Court had q right 10 discharge
the jury for failure to agree and to
order second trial. They therefore re-
fused the motion for the discharge oil
the prisoner aud ordered the second
trial to proceed.
Associates Houston and Wales spoke
briefly, expressing their concurrence In
the opinion read by Judge Wootten.
Chief Justice Comegys dIssented from
this opinion aud gave bis reason there
for at considerable length. lie claimed
that the sickness Of juror or his disa
bility from other causes might be n he.
cessity for the discharge OF q jury. Bul
IL was not sufficient reason for the il
discharge that they had been out iol
only twenty-four hours, and possibly
spent but bait Of this time in delibera
tlon. Eow could Ii be said, under thes,
circumstances, that they could no
arrive at verdictp
The Chief Justice proceeded TO cit,
instances where juries had finally com
TO decision afler long and protractet
deliberatlon. Ooce allow jnries II
capital cases to obtain control OF tn
courts by securing early discharges an,
II would be a ditRcu.t matter to procur
verdicts. The only proper way, he he'd
is TO keep them together until there |
not the slightest possibility OF thei
agreement.
In conclusion, Chief Justice Come
gys said he deeply regretted to dis
agree with his brethren of the bench
but it was his nrm opinion that tn
prisoners life had been placed 1
jeopardy By his first trial, and that h
ought now to be discharged.
The jury drawn to try the case wa
then brought down into the Coul
room, and Deputy Attorney Genert
Cooper opened the case for the STATE
reciting the circumstances of the slay
ing of Adams by Carberry, as tn
State expected to prove them.
During Mr.. Cooper's address th
witnesses in the case we're all ordere
to remain in the ladies' waiting roor
during the trial, and come into Ooul
only as they were called.
The first witness called was Fran
Carsweli, architect, who exhibited
plan of the Old Ferry rolling mil
where the shooting occurred, and ex
planned its situations and arrang
ments.
At the conclusion of his evident
Court adjourned until O'Clock.