Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-09-14

WA8nNGrON, Sept 10.
The criminal court net this forenoon,
Jodge WyIie Presiding. 70 hear arguments
On . motion entered Monday last for the ar
rest OF judgment in regard 70 Miner ana
Rerdeli, and to increase the bonds Of defend
ants a to whom the jury failed to agree.
Brady, Vale and J. w. Dorsey we're pres
ent and ~ soon ~ the court was called to
order, Rerdell and Miner entered, escorted
BY two sherifs. Henkle stated that yester-
day he filed . motion to have the verdict set
aside % being unreasonable and against evil
dence. He thought it probable from what
appears in the evidence.
The court--I am perfectly blind As to every
thing that takes place in the newspapers.
Henkle-In view of the very extraordinary
statement made by the foreman of the jury
thought that perhaps the court
The court-The court cannot act on any
statement in the newspapers, and, really,
have not read them, but il there be any state
ment Of consequence for consideration of the
court it will have to be presented in the form
o: an affidavit, so that they csn become OF
the records of the court.
Mr. Henkle-I see from the papers that
the foreman Of the jury has formally present.
ed an affidavit to the district attorney,
and thought it presented such matters as
would render it necessary that the court
should set aside the verdict.
The COURT cannot act without some
grounds.
Mr.. Henkle-The town is filed with all
sorts of rumors and it is hardly necessary to
add that the verdict was an extraordinary
one. Itwould seem to be the proper thing
for the court to do to set the verdict aside,
and TO treat these defendants, who were con-
victed, in the same manner As those to whom
the jury failed to agree. They were GER
tainly no more guilty. l am very sure Gf
may be permitted to refer to it) that is the
public sentiment.
The court said that the matter would be
laid aside for the present. and that the mat
ter of the bonds would be taken up. He held
that the subsisting bonds would continue in
force as far as the defendants As to whom the
jury failed to agree were concerned, and in
this view Merrick concurred. Merrick how
ever insisted that Wallis bonds should be in
creased from $500 to $4,000. L. p.
Williamson of Independence, Mo-, becOm-
ing surety.
Coming back to the question of setting
aside the verdict. Henkle expressed his Opin-
ion that the court would set aside sua sponte.
The court-Probably if we're to take all
the newspapers in town to judge by them, l
might be able to make a judgment pretty
soon, but cannot decide this question in
this way.
Henkle argued that the verdict was in
consistent with the scheme Of the indict-
ment.
The COURT told the jury that this was
case Of conspiracy against several persons,
and that it was necessary to find q verdict
against two At least. They found two guilty,
and acquitted Turner who was not really
prosecuted, and one who is dead and not
tried and have not been able to agree as to
the others.
1t is one Of the stories of the jury room as
to the course which the jury travelled in
reaching the verdict which they did render,
but still it was a verdict which the jury had
the power to render under the instructions of
the court, though in the conspiracy there
were some more prominent than others, who
may be called the tools, acting under COM
mand of a leader, yet all were members Of
the conspiracy.
After some discussion Judge Wylie said
the court would on Faiday take up the mo-
ton for q new trial with any affidavits pre-
scented and decide it on that day.