Huntsville gazette., 1886-06-12
THE QUIBBLE MILL.

Efforts In Progress to Set Aside Right
eous verdfct--Counse1 for Preller's MUIR
derer Intent on Defeating, If Possible,
the Due Administration of Justice-The
Usual Thing, However. -N MfMWsH
ST. LOUIS, June S.-Messrs. Martin
and Fauntleroy are busily engaged draw
ing up their motion for new trial in the
Maxwell case. Under the law they have
four days in which to file the motion and as
the verdict was not rendered in the case
until Saturday, and Sunday is not recog-
nized legally as a day, this will give them
until Thursday. AS so many exceptions
to the rulings of the court have been
saved by the defense, it will require at
least two or three days to get the motion
ready, so that it will not be filed until
Wednesday or Thursday. Among
the leading points of the motion
will 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 mad
missable, as to countenance it would be
to encourage crime and destroy the whole
court fabric. Another point is 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 yeri-
| fed his words by his actions. Further
more the defense will allege that
Judge Van Wagner made a number of
radical errors in his instructions on
points already adjudicated by the Su-
preme Court. Among the points the de-
fense 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 to the
issue. He permitted them to ask the
Jurors if they had formed or expressed
any opinion as to the case itself, but
would not let them ask if 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 to examine
them as to the material facts of the issue.
1t is section 1897 of the Revised Statutes
of 1879 and says:
Juror that he has found or delivered an
opinion on the issue, or any material fact
to be tried"
Another point will be the action of
Judge Van Wagner in excluding people
from the courtroom 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 it 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-
fense claim, was clearly illegal, being
similar to ex-parte depositions.
Mr.. Fauntleroy, speaking of the matter
to-day, says: 81 have not the slightest
doubt about obtaining a reversal and
new trial We have great many more
points than l deem necessary, and !
will reserve some of them for some other
trial. We will have to cut out some OF
them, because it would take too long to
write them all up"
The circuit attorneys office claim that
there is no chance for new trial, and
profess to be but little bothered on that
score. Mr.. Bishop says that II new
trial is granted the case ought to be nolle
prosecuted, as it would be useless to at
tempt to convict any one of murder here
If this trial is set aside on some slight
technicality.
Judge Van Wagner says he never took
so much pains in the trial of a case, and
gave the defense all the sway possible.
He feels confident that. there has been no
error committed on which new trial can
be secured If a new trial is secured it
will be next to impossible. to secure
jury as everybody now has made up his
mind one way or the other on the case.