Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-01-21
RoB1rsos no nzxa.
The Motion for a new Trial Denied
and the Prisoner Sentenced.


and tho Prisoner Sentenced.
The court of oyer and terminer was cor
vened in adjourned session yesterda
| morning. Chief Justice Comegys, an
Judges Wootten and Whitley were presen
but the court waited until LIS for Judg
Houston, who failed to come. Tn
object of the session was to deliver o.
| opinion on the motion of Walter Bacon
ESQ.,, for a new trial in the case o
Charles Robinson, colored, tried an
found guilty of rape upon Mrs. Ella I
Gardner, in Blackbird hundred, il
| October last.
The arguments Of counsel had bee
| sent to the judges in written form durinI
| the vacation, 80 that no oral argumen
| took place. When it was found Judg
Houston would not be present Chic
| Justice Comegys read the opinion.
| He stated that the court had searches
| the law authorities but. had been unabl
| to find an example of new trial grantee
| in capital case in the English books. Il
this country it found no cases except il
| states where the courts had the authorit,
| of n statute or of a special rul
of practice. There is no sign of an appli
cation for a new trial in capital case il
this State until 1852, when an application
was made in the case of State VS.. Wolfe
| Applications were afterwards mad
/ in the cases of Patrick Shea, Turner
John J. Boyle, Abel Riggs, Samue
Chambers and George Collins, Viii
liam Neal, Jeremiah Harrigan ant
| List and List, all from New Castle county
| In all these cases the motions were re
\ fused. There has never been but ONT
| case of the kind in Kent and none il
| Sussex. and in none has it ever beer
granted. The first ground, and the prin
cipal one, urged for q new trial is that
John 4. Allfrey, one of the jurymen in
the case, had formed and ex
pressed an opinion against the
prisoner. An affidavit is shown in sup
port of this. The prisoner had the right
to ask this question, but waived it ex.
pressly. There is abundant authority
that the prisoner cannot make use of this
question after he has waived it. Allfrey's
statement did not warrant the allegation
that he had formed and expressed an
opinion. He had in reality formed no
opinion, but had given utterance to what
he said for the purpose of being excused.
He was not influenced he said himself,
in his verdict by this expression. If it
should open this case, the court would be
going further than it believesnny court ever
has done in similar case. Tie motion
for new trial was therefore denied.
Judge Wootten said; II concur IN III.
opinion that hMs been read by tlir cine;
Justice, and l go step further. hut is.
think it dangerous precedent i' ALLOW
Juror to be called to impeach liz owl
verdict and that of IL others. But
aside from that, this juror, admitting all
that he said to be true, was not disquali-
| fed from sitting as juror in that case.
There is remedy for this man, one which
is pretty literally dealt out, may say, by
| our executives
The chief Justice then said to the bar
"Gentlemen, we have come to the con-
| clusion that we will not hear any further
| applications for new trials in capital
cases. There is strong proof in ouI
minds that there is no warrant for it. II
| is not done except in states where there is
q statute expressly for it, The court will
hear no more such applications"
The prisoner was in the dock during
these proceedings, and Deputy Attorney
General Biggs at this point moved that
sentence be pronounced. Mr.. BacoI
asked that the time before execution bt
made as long as possible. Robinson was
asked whether he had anything to say
and in q steady voice answered.
81 say one thing, can say this: The
man who committed rape soy ought Il
be hung, but an innocent man, / dom
think ought to be hung. cal
say that | am an innocen
man, / never committed rap,
in my life. didn't know what they ar
rested me for. know 1 had been drink
ing. But 1 never took advantage of
woman in my life. That's all | have +
say to you"
Il The chief justice said: "We do nc
discover anything in what you have sal
to us why sentence of death should not
pronounced upon you" The chic
Justice then, before pronouncing sci
tence, advised the prisoner to pa
: diligent heed to his spiritual preparatio
for the death which awaits him at no di
|, tant day. The sentence was that u
prisoner, Charles Robinson, be take
hence to his place of confinement, in u
county Jail, and there kept until Friday, Il
10th day of April, 1886, and then taken
Q the place prepared for his execution or
! | hung by the neck until he is dead. "Ar
r may God have mercy upon your SOUL"
3 The prisoner was calm throughout, al
{ nodded his head at the close of the la
} sentence, when he was taken away by IL
: deputy sheriff.
vi Mr.. Bird addressed the court in regai
4 TO the case of Lewis e. Davis, in whit
! the Jury at the November term disagree,
: He stated that out of the regular panel
D | 80 iurymen all but six had been calle'
]. and had either formed an opinion, hf
0 conscientious scruples or was sworn al
; sat in the case. The same jurors wi
/ serve at the February term, with "a a.
: ditional jurymen that have been sur
y moned for that term. Mr.. Bird sal
4 he had waived the question as
a whether any of the jurymen in the ca
4 had formed or expressed an opinion, 4
1 the reason that il would have driven hi
. to talesmen. He would be frank, al
say that If he had to take jurymen in th
way, three fourths of them would con
from Wilmington, and the prisoner cou
not have q fair and unbiased trial by SUI
!. Jury. He, therefore, asked the court
y have the case left over until the MI
!, term, when an entirely new jury could
y had, and he would be ready with the ca
:, for the first day.
He also stated that the court would n
be delayed by thisarrangement, as he b
y already notified Deputy Attorney Genei
10 Biggs that he would be ready to go
's with the Talley case on the first day Of I
r February term. In reply to q questi
7, from Mr.. Biggs, Mr.. Bird stated that I
?, physicians had informed him that Tall
would be we'll enough for trial at the Ft
g. ruary term, the nature of his injuries
a, ing such that il no relapse took place I
70 patient would improve very rapid
lie whereas if backward course commenc
ii OF this stage, it would prove fatal.
Q, Mr.. Bird made the further point II
n in the case of Davis it was question
ID tween murder in the first and second
grees only. The prisoner is in Jail, a
" the court and the officials of the state v
d not be put to special trouble or ineony
IA ience by postponement of three mont
~ The court held that the prisoner sho,
ii, have an entirely new panel for the Il
he trial and therefore granted Mr.. Birds
a quest to let the case go over until
ew May term.
til wnnamaker g. Brown.
Ter With the new year, good news col