The Portland daily press., 1882-09-14
THE STAR ROUTES.
Arguments on Motions OF the Defencs
for New Trial.

Arguments on Motions OF the Defence
for New Trial.
- q sHINGToN Sept. 13.-The criminal court met
tfiis morning Judge Wylie presiding, 10 near argu-
ments on the motions etered Monday last for ar
of Judgment in regard to Miner and Rerdell ana
to increase the bonds of the Defendants as to whom
% ry to geea a as he court was
Gale to order Rerdell and Miner entered, escorted
by two sheritfs.
'Henkle stated that yesterday he filed motion to
have the verdict set aside being unreasonable
and against the evidence. He tn ught it probable
from what appeared in the evidence
The Court am perfectly blind as TO everything
that takes place in the newspapers
Hnkle-In view of the very extraordinary state
msnt made by the foreman of the jury, thought
that perhaps the court
ment in the newspapers and really have not read
them but if there be any statement OF consequence
foI of the court 1T will have to tie pre-
selted in the form of affidavit so that they can
become part of The re- ords of tn court.
Mr. Henke-I see from the papers that the fore
m.n OF the jury h formally presented an affidavit
tothe district attorney, and thought that it pc
seited such matters as would render u necessary
thlt the court should set aside the verdict.
The Court-The court cannot act without some
grounds
Henkle-The town is filed with all sorts OF rumors
aui it is hardly necessary to say that the verdict
wrs an extraor mary one. 1t would seem TO re
poper thing for the court to do to set verdict
as e and t. treat these de endants who were n
ntcted In the same manner as to those on whom the
iuy failed to agree They were certainly nj any
lnore guilty. am very ure, II may be permitted
The court said that that matter would be laid
ASIDE for the present and that the matter OF the
bonds would be ken up. He held th,t the sub
sitting bonds would con inue in force as far as the
defei dants whom the jury failed TO ag ee were
concerned and in this view Merrick concur ed.
nsrrick however insisted that Vaile's bond should
BE- increased, and the increased it from $1,000
to 500 o, L. P. Williamson OF independence, Mo-,
becoming surety.
verdict, Mr. Hendie expressed his opinion that the
CO would set it aside sua spontc
The Court-Probably If were to take All the
newspaper in town and judge by them, might be
able to make up judgm mt pretty soon; but can
ar. Henkle argued that the verdict was inconsist-
ent with the scheme of the Indictment.
The Couyt-I told the jury that this was case OF
conspiracy against several persoas, and that it was
necessary 10 find verdict against two at least
they have found two gull y and acquitted one Tur-
ner who not really prosecuted and one who
was dead and not ried, and have not been able to
agree as to the Others. 1t is one of the mysteries
OF the Jury room as to the cou SO which the jury
trav led in reaching the verdict which they did
render. But still it was a verdict which the jury
had power to render under the instructions of the
Court. Though in this conspiracy there were some
more prom ent than others, who may be called the
tools acting under command OF their leaders; yet
members Of the co spiracy whether acting as su-
perior inferior part, if found to be guilty by
the jury, equally liable to appor ionmeht OF
punishment the Court. of course, uses its dlscre-
tion, may make difference between the leaders
and the led
Mr.. Henkle--YOur honor SAD tnat IL LOOK TWO 10
make a con piracy but your honor said during the
pr gress of the trial that Brady the key to the
conspiracy.
me RssP W tns StbfEe was conspiracy he was at
Mr. Henkie went on to argue that Brady was an
al part of the consp racy and that unless he
was convicted conspiracy could not have been
ma out. The verdict extraordinary one
and he could see in his honor's face that that was
also his o. inion. 1t piece of gymnastics per-
formed by jury such as he had nevec before heard
of.
The court did not agree hat Brady essen
tal party OF the conspiracy but thought the verdict
was consistent with the theory of inLict ent. He
weuld he glad however to have Helkle present at
some future time argument in support of his mo-
ton to set aside the dict and to his argu
ment by affidavit
Heukle promised to do so and then proceeded to
argue thai until the notion II q trial was dis
posed of the convicted defendants should be re-
leased.
MIR Merrick eontended that bail should not be ac
cepted after conviction excegt IN cases where the
court satisfied that the sarty was not guilty.
An amin ted discussion between the counsel then
On sued and Mr.. Sweeney appealed to the court to
release Miner and Rerdell ON bail. He pictured
the desolate condition OF Mi er's family in man
ner hich brought te the eyes of the convict
ed man. d called his konors attention to the fact
that there were strange rumors as to the jury.
after -omc discussion Judge Wyie laid he court
wou d ON Friday take up the motion for new trial
with any afdavits presented and decide it ON that