New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-09-16

A NEW TRIAL FOR MINER AND REFDLLL
THE VERDICT SIT ASIDE oN ACCOUNT OF us UN'
KrAsoNABLENEss AND TIE MISCONDUCT OF rHF

A NEW TRIAL FOR MINER AND REPDELL.
THE VERDICT SIT ASIDE ON ACCOUNT OF us w
KrAsoNABIENEss AND The MISCONDUCT OF THE
JURY.
WAsuNGroY, Sept. 15.-In the Criminal
Court this morning Mr. HenAle, counsel for Miner. filed
various aidlyits upon which he based his motion Tor
new trial.
Mr. Mcrrcb counsel for the prosecution. said in part:
find some motions file for new trial in the case ot
the convicted defendants, accompanied y statements OF
variety Of reasons ana by aidayits. Among the
reasons one eject that The verdict j. Itself IN
reason lble. As counsel for the Government OF the
United states not disposed TO put Oh flo consent
TO the granting Of this motion, but as counsel lot
tue United states | feel It 10 he my duty
not TO opposet The Government of the United states
usef is entirely satisfied by any means with this
verdict II is a verdict which subjects the masters TO
retal and conycts the servants ana the mihohs Inc
Jury presumably found evidence OF conspiracy to de
fraud the United States and Of overt act 50 ~ to
create a completed crime under the statutes Of the
United states. That having been found by the jury
prior to their determination OF conviction of guilty
against Rerden and Miner there was left for them the
sole inquiry to who WAS In the conspiracY II was
apparent all that deeply guilty III point OF morals
and law As Rcrdc and Miner are, the crime they per
petrated was the scheme ana dogice Of the others
The Government Of the Uniied states cannot
consistently with it, dignity object by pract-
cal resistance to the motion made 20 set aside such
verdict aud bring to TRIAL again botu masters and ser
vana I'm order that mi justice may be done The GOV
eminent Of The United States seek, no victim 1t seeks
simply justice, and wbca u verdict apparently tribes
with Justice Il cannot meet the approval OF the Govern
ment Of the United statcl.
"With thesc remarks the Government coun@e leave
the subject this motion 10 the discretion Of thc Conr
not con-ctng hut not resisting hoping Tor the purity
OF its records resolved the prosecution oi criminals
to the fullest and trusting taa whatever Your
I.tff NT
Justice viii in the cud De done" 49,,
motion for trial, stating, however tAai lac had
taken evidence exc p' thc niia'ts Of jurors upon
the ground Of " misbciiavior OF the jury"
nc court sjaci iha' nd directed the jury not to
converse subject OF the al eyed bribery Whether
or the Jury had trInsgrrssed the rule land down 10y
the Cont DID no, appear from MT Dich~0n's AFFIDAVIT
Mr. Hcnsle said That that would appear III Mr. iIol.
meats affidavit He then argued that the verdict should
be set aside upon tAe evidence contained IN Dlcksons
Mr. MerrcL said that he would resist setting aside the
verdict OH that ground II the verdict were set
aside on ne ground Oh 10 hirr.s 'na 'ehe7T,
he would make no oplccjlcn Inc 1ch were lc 20, hc
poor punished The masters were set free the
Sir Hcnke argued mat the verdict should bc set aside
the ground that the jury had been tamperel Win;
over with -pottcr-, whose business it to shadow
Jurors codn,d and Witnesses and como Of the vest men
doing mas very lh.ng in the service Of the Government"
Mr McTricb-lu tue service Of the Government
Nj McrrIck jnerc any affidavit Of this sort file
Mr Henllt-I nave not any proof OF TN, now but l
will furnish when get 10 Investigating tie matter.
Mr. Mcrnck-Wnnn we come to Investigate the matter
vii reach the concu'io that tins approach OF Dick
/ son wac q gof-uD " thing on the drlcnuanl-' side
The Court tor Ionrad, AMID tyii, which merely
gives % hls various conversations with f. II.
Fail, and IS unlnportant, the CONVERSATIONS turning
upon the corruption OF the jury and no bride being o.
/ fCrcd.
! Tno Court said nat there nothing in the aflavis
to sat thar there any misconduct
the Jury Tumpering with jury very great
/ Offence against The law, but the tanpcIlhg must BE-
done 10 .uiue parry interested In the "As the
misconduct ofthc jury" continued the Court, Doh sides
cunccdo t-t discussion ~ to The bribery matter took
piece IA The jIryfOoln In tht circumstances OF the
/ case, considering the rather lncohcrent char
acter of tins verdict, think II VIII be safe
by counsel both sides to have taken place IN the jury
room; aud will award new trial
Mr. Carpenter Thought that NJ MoIIlcN was aDoillg
under isapprehensiO rs to the reading 81 Mr.. Dick
sons statement the jury lie Thought mt 1t read
! lOng before TIE Jur! reuled Tor d ! traiiOn
Nj 1oorner OF the juror happening 10 be In the
room, called 20 tne wines sand and tGst-
fed to reading OF the emct Dy Alr Dickson. af
/ tor the retirement ~ tn Jury.
The Cout-what wanted TO know was whether tho
| jury had violated the directions OF the Court.
| That verdict Of guilty, then, Us 10 Rerdc and
! diner l. set aside not ONLY On account OF
the misconduct Of lie jury out may say Oh account OF
hHV0 made TINS decision on tho latter ground acme, be
tho unreasOBnblencss OF verde. Is for tie JnrJ
rather dian the Court, unie9e the unroaaonah ness
shoc M the Court These Two men seem % 90 AZ tho Two
end, OF the line. Al did NOT seem To my mind
thai they could have gone into COnrpracy without
having had any OF the others along wan tnc but Ac
JURY thought tnat they could, ana would not have dis
turbcd Tue verdict Oh thit ground Bat when zee That
ir Ncrhlct was innle UP bJ Jury lhh "'rt discussing
other matters thai were not In cyidcnc OF course
quiitai OF Peck. who l. dead hopo he Is acquitted
ovofy whcTe-wc wero not ~ ng him A. to Turner, OF
course the verdict stands Tao Court grants new
uldl, therefore, N 10 all except Turner ana Peek.
Miner hnd kerdel ro then Released upon bail IN the
sun OF $4,000 each. Vaile and lliaIson becoming
surety iO the former aud A. e. Echarjb Ion Inc latter
Mr Merrick aakcd that the Court shonid Tx the first
Monday Ia December the dato tho trial. and
she Court did 90, Notwithstanding the protest of MI
ucukle.