Daily Republican., 1881-12-22
FIFTH EO|qI0i
COURT TEIs MONTE.
O.. Arsument Ia tho H.
e Resumed srsnx ISs,rid
Aovsnord both for an. "essd '

=, new Trtal.
Upon the opening of con,,,
ing MI Lore resumed his ar 'ah nd
iavor OF granting a new ,,i ,iSamen(
.,aTtlsah case. Mr.. Lore s,ih "1 i. 10
had been sho sn by the pyiJs"u S,'u that
hailiffs, that the jury bad dI"nce ne Of
a,eh, aaen part Of them being MP ir'a i" IL. 'ep
,oo. room, c while another part were ~ 'ae d
the Court Room, and the ''s aoH9
was as complete as thouyh afas
been miles ap lrt, 3" ley
ne coniended hat the uv. =,
oAt,mS SstiA liquors by the jury s,A W ,As
NUN ber of autho, it.e, Ia su" "u ",, Cls|
si'ion; he showed that IN a ''',il ', Dis
in' anceS verdicts had been "'la'el
under like circumstances w W. .o''' Sel az
most eminent lurist. in ,h' ''n7oi
Mr. Lore closed a. II o'cIocxs ,x'o S',S CTant
vent appeal TO the Court 10 ',Ha .uHa
emiah Harrigsn Que mor. SL sLAlt
his life. '' oNahcs
oro,,no", ~ ~, 'hey "ray opened
argument for the State ami ",u ,1,.
the reasons offered by the ronn.t ,e,leV
new Trial h. said tEa, nv, h.'"'ISeI ,
OF some OF the Jurors being in 'nere na
oi the bulldog, and the t.o" out
IN another parI, did not cop,,i,", g,naIa
. tual separation. ''''ute
Mr.. Gray said that tbera h.,
been a captt,l case trIe! in ,b,D "'r "
IN twenty five years, when S ,So 'o
we e more c!rcumSpecr ar li,T i."U
their duty in - more ro~.sin, ,,.ni
manner ,h,n was done IN mi, c'14 c'''
He said that ther. was M 'a% ,'
any conversation .aylrg t,kc, ,Iao r'oo'
Nv 'en the ju o sand any " ~ l,avs n",',
the hrst hisat that they apr- nm, :,
agreed at they wolIi uof,v
tnt case anlorg thcms..y., nn,% ,'T'
evidence was all in, and The, bs1 %
ccivei the charge of the COM, A"1
Mr., Gray cited a case tA. VI, do,
ed III L 'AaS, where u va, .rd hr
Conrt that he separation Of p,,, =! y,
jurors nom the other, even If un
conn anied 10y huln dill uo, oua
tute luo' cause Tor new ,r,a mn,
it was shown that such s,pra'inn
an effect in impdlr,ng tue I r,ess
me trlai, and worked prIuiIc, to
pris"no..
He also showed from case ,ba. J
tried III ktn'a-, that the drinking
81 r.'u MS liquor hy a Juror, was uo,
nclrnL cause 10 SCI aside n y,r1,c,
Mr.. Gray said that the m,r. far.
some OF tn" Juror. havin, lopor
not n Inatler 20 affect the lr Al ual.s
had been llre to such an extent AZ
produce intoAicarjon. II hld M
shown y al IN ot thr Jurors not bpi
vrry well had th, permission of
Cou I TO have some nquJr He cloj
by saying that there Il Al uD' been a nj
tlcie ui evidcnc, prolUcel to how ii
the prisoner hll net lad fair tri
or tha' a verdict hal not bp"n rsu,eu
IN a, col. aEre with the egdaurr.
The States A'torn,y clp, d his al
argutntnt at l2.So O'Clock and was
lowed by Nr Bird Tor the tcfrnse.
Mr.. Bud sali luat although the pr
oner had been trpd aui a verdict I'd
tertd still! il va, the duty Of the col
10 retry him until he had fair trial.
He said that II the Court hai kno,
before that jury went ont that ii,
were gong 10 separate and fuI arOn
the Court House at vii, that th
were going 10 be srpplird with liqu
have access 10 NcNspaitH contain
accounts of the rrllIand also pay cal
with IA stEarlcr, it woud ntt
have been allowed; thlr ii sol
one h.t tol' the Court t1
the jurors ipteGd"d to do Sd
thr gs it would have been iorhiddt
Mr.. Bird hai not concl0d"i MS arst
meut " nru court 4 Lioururl ~ o'clNf