Daily Republican., 1881-11-23
OYER AND TERMINER
-.,,,os rEsrH10AY Az
rERAOoH.
....s On ,sIuAss hls Argu'
-, II 50, and ssSss's A.
....ey gray Csno"ssss
m AsssneAs fer
the STATE.

80 assembled st 8 o'clock yes
y y .,tsruoon, n and Mr.. Bstss 70
NJ argument, in favor Of hi'
~ D,s sstina for the discharge oI
~ 'c.rherry, on ths ground that th'
I Sr,sd In dischsrging the previous
mil tbsy hsd agreed upon . YER
Rates argued, tbst under tha cir.
.',."css. v1 the prisoner was eutitled
n 'it si.chsrge, and for the Court to
\. u%herwlse, would bs 70 90 out'
!, the ,hs principles Of common law,
~. " been established for over foul
..S ',si , number Of authorities Ia
's,ss only legal way, BY which q
maj MA, be discharged, were such ~
I,ss. Is death or suffering Of the jurors
@ .,', Of food, but said he, NO such
.., % will apply to this case. he
Ls,i.d SI hat /, was nos only con-
% ~ ,hs constitution OF this State,
,o IN conflict with the Constitu.
II the United States, to put .
MAJ, N ifs In jeopardy the second
M the same offence, and cited
.,r Cd Criminal Law to establish
,,tjop. It was once decided that
r0uld be discharged In q capital
pcount Of not beinE able TO
non . verdict, aud the prisoner
N, upon trial for his life, then,
\. would almost be An impOvsi-
t,rer get . verdict Of guilty, ~
,md almost always bs some one
sg, who, while they might be-
M the prisoner was guilty,
Il Estate t1 render q verdict to
,sst AID a.slme the responsible
4 Wude'nning a person To death
n ny knew by disagreeing shat
Eor,r woul,l he ordered a new
md the responsibility SHIFT d 10 .
Fry
Er o. twice during Mr.. Ba'es' ar
uai the Court corrected his state
b. ,rd AZ tue close he bowed 10 the
M Nd said Il am very thankful
|a.CUrt for lhe tune they have al
nj mo, and grateful for their atten-
kany remarks, and l acknowledge
aassve,sions and my sins are ever
(ant." Mr.. Bates clorsd his able
lnAtst5 Is, having spoken for over
ElOuH
kzs, Attorney Gray opened his
rntp. by sayiug, that he had lis
kNsn,ively to the learned conn-
lnl be thought that his arguments
km applicable to tits case, and as
anot consider this q capital case.
h1nded the Court, that in this
RtlIsCJurt is the Court Of last re.
md their d, cisions unalterable.
ID Contended that the prisoners
(ad never bseu in jeopardy. that a
iifs is not In opardy until q
is rendered against him, but
he time that a jury says q man Is
be isinn9ceht IN tbs eyes of the
lnd therefore o man can he tried
eond time where the jury has been
earged, DO ma ter what the cause
Ii, Gray said that snch cases as Mr..
Is had quoted, and ,lef isions such
be ci'ed arose IRON the fact that the
g. cution had s.certained after the
y mad been sworn, that he had not
McieuN evideuc. 70 submit. He cited
S'er and other au'Aolitiss To show
" there is no settled rule on tie quas-
u, ahd sad tqa' case decided by
~ bochvan IN 1866 had An Important
,,r'ng gu this suiJecI.
ne Atforhey.G'ueral road from q
hoer OF autholit es to show when q
J may be discharged.
scSness or Misconduct of Jurors,
'nesS OF q JIdsc, sickness Of the
'oHsF, The ternina,ion of Court, or
inability OF the jurors to agree, and
"gnrd that none Of thsse causes
to c.us. tue discharge Of
PRISONER, or 10 prevent him from
Y ofuered TO a u,W trial. Before
tconc.asl0n c Of Mr. Gray's argument
Soars c,I ordered an adjournment until
V.1ock this mornihg.
'1lDS 'lle afternoon The Grand Jury
.,li ana Iepor'ed upon several bills,
'tloOn.
y. y o,a,es Attorney aud the counsel
ss w. defense, have enough law books
us W make q god sizsd library,
yesterday morning, before Mr..
sonlnencei his argum,,t, he had
'eu h'sn to bling in a bag of
ply carry it.