Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-05-29

~ WI ssSes-A D0na &SSe-
AE0CNENS IN SUPPORT OF MOTION FOR A
rIss.
This morning Messrs. John Hitz and Charles
Il. Prentiss, who were convicted on the 18th
instant on indictments charging them with
making fatss entries Ia the books of the Ger
man-Anaerican National bank, appeared i'm the
Criminal Court and their counsel proceeded 10
argue the motion for q new trial.
The motion set out usual insufficiency of
evidence, errors Of court, &C., and alleged that
one on TIE Jurors had, after the case was suo-
Of the jurors Mr.. K Is Mussey. who opened
Hoover. setting forth that Jno. II. Tucker, one
OF the lurymen, had told him that after the
jury retired he had an attack Of illness. which
during the consideration OF the case the jury
hao sent out for copy OF the national bank
act In order to determine point
Judge Macarthur, remarking upon Mr..
hoovsrs afhdavit said: Il think he had better
be In better business than conversing with a
third time that outsiders have underworld TO
., H., made BY Jurors: VIII pay no attention
Mr. Mussey urged that they might have
Drought into the court the affidavits OF the
We've Jurors n had been proper 10 obtain
from juror an amdavit impeaching his own
verdict They had no other way open TO them
put TINS, and this was the way which the law
Judge Macarthur said that this was a prac-
tice that ought not TO be encouraged lie said
That II proper application was made the court
Mr.. Mussey said this affidavit laid the founda-
ton tor such an application.
Inc court permitted the affidavit TO be filed,
OF the motion.
Mr.. Mussey reviewed from his standpoint q
history OF the case, claiming that while the
pApers IN the case showed that other directors
were eQuAlly reSpOnSihe with a
frentiss, ali were let out except these two, IL
was apparent, he said, that there was "A ne
The others were let out on the plea thai though
moral responsibility was upon Them the Grim
inal intent was lacking. He said that state.
ment OF Mrs. Hlts showed that after the suspen-
sion OF the bank Mr.. Cluss, an architect mad
gone TO Mrs. Hitz and said TO her that unless
she, from her private estate, made good las
losses ne would procure the indictment OF her
husband; she was visited similarly by Mr. w
r. Mattingly. But Mr.. Mussey said Mrs Hitz
refused r 70 be thus backmaiied. The indicl-
ments were found, and upon nearly all OF them
Ar. Cluss name appeared as q witness.
THE MOTION ovERRULED.
Mr.. Chandler followed Mr.. Mussey.
Mr. Perry, for the government made no re-
Spouse.
Judge Macarthur, at the close, said that he
was not without sympathy for the earnestness
Win which counsel pressed the application
upon tue court III the court should grant a
new TRIAL the same facts would have 10 be gone
over and the same testimony presented to a
Jury VINO, In view OF this verdict, would proba-
bly, ind the same way. lie did not think
the court could, with any degree OF profit, try
the case again until the General Term had de-
cioed whether or not the instruction from the
court 10 the jury was erroneous. II the Gen.
erA Term should decide that instruction to be
error ne knew OF no one who would be more
glad 10 see the defendants have "A new trial
tnan himself, but under the circumstances he
ola not see how he could grant the motion. He
directed the everything OF the motion.
Exceptions were noted with the view of Yra
pairing the case for an carly hearing before the
Court in General Term.
Mr.. wilson asked that the defendants be
aoinitted 70 bail, and the application was certi.
ned 70 the Court ia General Term for hearing.
Mr. Ferry asked that the defendants be sem
fenced, ieaflng II TO the court 10 decide whether
sentence should be made In one or all OF the i've
cases.
discussion sprang up as to the place of con-
unement 70 oe named In the sentence, and the
Saturday. ~ Ns~s