The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1886-06-18


DGoros q pregrsss - - Astae nigos
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~ De Aau1nasernsssa - Jaselee-TAo
Usual xAang. uswever.
81. LoUIA June e.--Messrs- Martin
and Fauntleroy ars busily engaged draw
lng up their motion for new trial In ne
Maxwell case. Under the law they have
four days IN which 70 ole the motion and -
DE verdict Was not rendered In the case
until Saturday. and Sunday Il not recog.
nixed legally - day. this win give them
until Thursday. A % many exceptions
% the rulings Of the court have been
saved By the defense, u will require q
least two or three days 70 get the motion
ready, % that Il will not be nled until
wednesday or Thursday. Among
The leading points Of The motion
Win Be the Mccullough bust.
ness. The defense will claim that The
methods pursued By the State IN that
matter were contrary to public policy
and therefore the testimony was inad-
missable. - 10 countenance Il would b
70 encourage crime and destroy the whole
court fabric. Another point Il that many
Of the names on the jury list furnished
the defense were Incorrect. They will
also claim that the circuit attorney de-
prived them Of fair and impartial trial.
and that he publicly stated that he would
render them no assistance In protecting
the interests Of the defendant, and veri.
fled his words BY his actions. Further.
more the defense will allegc that
Judge Van Wagner made . number Of
radical errors in his instructions on
points already adjudIcated by the SUI
prcme Court Among the points the de-
tense rely very strongly on for reversal
Is Judge Van Wagoner's refusal to allow
them to examine the jurors as to whether
they had formed or expressed any opinion
as to any particular fact material 70 the
issue. He permitted them to ask the
Jurors II they had formed or expressed
any opinion rs 10 the case itself, but
would not let them ask II they had formed
any opinion As TO the material facts Of the
case, when the same section which gives
the right TO examine jurors on the issue
itself also gives the right 10 examine
them as to the material facts of the issue.
II is section 1897 Of the Revised Statutes
OF 1879 and says:
at shall be good cause Of challenge to
Juror that he has found or delivered an
opinion on the issue, or any material face
to be tried"
Another point will be the action oi
Judge Van Wagner in excluding people
from the cvurt-room while the Jury was
being selected, section 1886 Of the Re-
vised Statutes providing that "the sitting
Of every court shall be public, and every
person may freely attend the same"
Another point they rely on Is the adj
mission Of the result Of the examination
Of Preller's body after Il had been ex.
humed, when no notification was given the
defense OF the action the State intend
ed taking in the matter. This. the de-
tense Claim, was clearly illegal, being
similar 70 ex-parte dispositions.
Mr.. Fauntleroy. speaking Of the matter
TODAY. saws: II have not the slightest
doubt about obtaining reversal and :
new trial. We have great many more
points than I deem necessary, and
will reserve some Of them for some other
trial. We will have 10 CIT out some Of
them, because II would take too long x
write them all up.v
The c1rcnit attorneys oficc claim ths'
there b no chance for new trial, and
profess to be hat little bothered on thai
score. Mr.. Bishop says that II new
| trial il granted the case ought 70 be nollt
prosecuted. as Il would be useless 20 q
tempt 20 convict any one Of murder her
n this trial Is set aside on some slight
technically
Judge Van Wagner says he never tool
90 much pains in the trial Of case, ant
gave the defense all the sway possible
| He feels confident that there has been NJ
error committed on which q new trial CA
! be secured. II new trial Is secured
| will be next to impossible 10 secure
\ Jury - everybody now has made up hi
I. mind one way or the other on the case.