Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1885-12-12
+ 18TH ED|7I1
ClOse ofCa..

~ 80 : made application van" - q
or Q new trial In the c.' 70 The
, |. pins, colored, oonv r.s o.
' y this term Of Court. and s o.
'o Q io, wing reasons: F iru a Sas
,aaots, 70 wit, John 7. 9Se
pre- previous t, to the trial not u AIN AIlis!
W" Una Isa expressed an opip So'
rms vas Accompanies ia a,a
iavit Of Charles w Schs With 4
snat M he knows John 7. All AI, ''.'aa
on III. Ihnar.day evening, fp5' ss.,..,,
S ne naa q conversation y IN
and Market strss WIN ,,
during which Alfrsy , '.iS % p
That Niger Robinson. anu, anu h.,
the jury I'll hang him "u Mi.
VI y was properly sworn to h .au
vandeerift, and Mr.. Bacon y U' ,Sas
~ .t,h Mr.. schurz was in cs ono
70 nsuostantiate the affidavit 0a'
he said the objection II ~.
the principal reason for |" s ~,
trial. and cited Wharton. ' y, y
70 show that a settled o o,.S
opinion will disqualify p'i \
though the bias nav NJ, J: ~
prejudice DRILL will. In ls any,, ~
Vourt, Mr.. Bacon said ih,,
he may have waived The '1 on.'
reference to this Juror hsyrt rs
or expressed an opinion. I'M
he had expressed such Al ~ o,i
SET forth 10 the affidavit, VIM
to disqualiiy him az q juro,' '
second: That some Of tbs inv
OF testimony which was ~ NAV s
the Court, but they having n
OF 1t, communicated II "a n
jurors and influenced them Nv
Third: That the Jury returns
dict contrary to the evidence
prosecuting witness was not n,
ted, but ON the contrary /, xm
the defense that she did moi
good character for chastity, and
evidence offered by the STATE
this testimony was not otfersa
Ing to the laws ofevidenca
Fourth: That the con,r,dicl
dence OF Orson Gardner sud
Gardner In relation to their
was sufficient to show that
not, and neve, have been
consequently her name could
Ella +. Gardner, aud therefor
nomer, sufficien, 10 Quash M
ment.
The third reason was over
the Court, who held that as ,he|
asked the witnesses in reb
reference TO their general kno
the character Of Mrs Gard
objection would no. stand.
The fourth reason was also o
on the ground that as The pa
! for several years, and still a
, together rs man and wife, the
} they gave contradictory evidu
gard TO the time and place
marriage would not avail.
Mr.. Bacon cited several al
In support OF his first reason,
tended that az the man had oil
| himself 10 act as a juror Il
should be set aside ald 3
: granted.
III Deputy Attorney General
posed the motion for o new
I claimed that where the counS
defence had waived the usual
In regard TO the juror bavt1
e an opinion, the discovery OF
! afterwards that be bad forI
expressed an opinion would
= sufficient to set asils the verd
u He cited a number Of au.hoI
ID support OF his position, and q
Juror John T. Alfrey to speak
o self. After being sworn he ~
, when be was called as a jul
q Bacon waived the question 10
d 10 his having formed an opin
that although LIE had expr'
{. opinion, he had never formed
- | explaiued this BY saying that
~ the DAYS. Jury several Of ID
e expressed opinions for the pa
bsing excus.d from serving
Robinson jury.
I expressed opinions to AisI'
y Cooper, Esq while Gu THE u u
TO New Castle, just previ'u
trial. ,..,
~ time. and It was finally decla
time the Court OF Oyer aud
- until some future day. anu =.
81 matter OF granting a new VI
Z ad yisement, until that tune ~; y
, Deputy Attorney Genera "a i I
moved that the sentence Of ID
paf ned on Theodore Becxti I,,
re, a. the present term Of IN. man,
i, aud he vas brought 10 ala
on the dock. After disptslns,
", minor business the Chiei JUS
Id. ed the prisoner to stand up
re- addressed him as follows 80
"' "Theodore Becker, yod '" !
nv the Grand Jury Of thls !
murder of tae first DEGREES
az. In this city. =, mi
Its Court and ably defended; .
On thing had been urged I'r !,
YOU, the jury acquitted .ys ,ad,
es, of the first degree, and rs Ths
es, dict OF manslsughter. l dns
~. the Court is, that you p psS
, na prosecution, o fine OF q wv :,
~ 20 an Imprisonment . G' =
Commencing to-day, aus ,Sas
nd 10th day of December I i ces,,
now committed to the ca's !,
Sheriff until this sentence
N. VT" The Chief Justice then e g. g.
*. mar lin IN charge OF sheriff :, 70 :,
nd was taken from the me-, oo .nS i,
The prisoners vile an' 4 4
Ton were in Court when sD,,o !,
!. s va pronounced, and 10 iol' :,
i when he was taken iro au. " ,
"I AS soon 90 as this business sv
of Deputy Attosney' ,bs
a. osk ed The Court when ". . u,
sor : new trial for Cna' y
iii would be taken up ssA wou
he 0oprt continued, and CO. IO~1
ar, January goth. when 'n'
be given. =, Court '
WI 4, hearing motions anu a
other minor business, ,oul
O'Clock the Superior or Coz Col
without day, and d., the cd W. ~
and Terminer continue
~ goth. 1922
Oh. Cn,Idren's shi'
VIA Kennard g. Go. have '.hi 'Ol
/. ..o,,slin Altrbe,