Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-01-23

The Williams bGctstOus
While there is no valid reason for
Imagining that the negro Williams. the
slayer OF the boy Walter o. Wright, did
aot have in impartial trisl--tor the rs-
mote kinship of one OF the jurors to the
victim was matter that did not occur to
the juror himself until after the trial and
had no part in influencing his verdict
yet the decision OF the court granting
him new trial carries with it necessarily
deolarst on OF the power Of the court
to grant Yet.ials for adequate cause in
capital ossss-A matter over which a
great deal of uncertainty has hung for
che past four years. 1t was felt by
She people that this was the
question really at issue aud not
che question OF justice OR injustice to
williams individually. The principle at
stake was felt by the public to be, not SO
much whether Williams had q fair trial
and should be held to tho penalty, but
whether, under any conditions, the cou
would feel empowered to intervene be.
tween convict and the gallows. Such
applications as had come up for adjudica.
ton, since the Robinson case of 1856,
had been denied upon the ground Of in
uuficiency, leaving the main question
Just where, except for what inferenoes
may have been drawn from subsequent
changes in the personnel Of the bench,
the court left it then,
It ives OK January Goth, 1886, that the
court, Judges Oomegys, Wootten and
Whitley sitting and Judge Houston
absent, passed upon tho application OF
Charles Robinson for new trial. The
main point urged on behalf Of the
prisoner was essentially similar to this in
the Williams case that the jury was not
an impartial one. II ives shown by eff.
aavit that one of the Jurors, John L.
Allfrey, had expressed himself in strong
language against the prisoner, saying
INST he believed he ought TO be hanged
end that if he we're drawn on the jury lie
would go in for hanging him-or words
to that effect. But II was afterwards
stated by Juror AlltTey that, although he
had go expressed himself, ne had formed
no opinion, and that ho had made this
utteranoe with the sole intent of dis.
qualifying himself to sit Ia the case. Not
withstsnding, when he was called Robin
sons counsel waived the usual question as
to whether Allfrey had "tormsd and ex.
pressed an opinion touching the guilt or
~ he nk H.. .
and Allfrey TOOK his seat 1pohallengsd,
in the jury box. The opinion OF the
court, delivered by Chief Justice Com
eggs, reGited these facts, and held:
"There is abundant authority that the
prisoner cannot make use OF this ones
tion after be has waived il. Allfrey's
statement did not warrant the allegation
that he had formed Opd expressed an
opinion. He had, in reslity, formed no
opinion, but had given utterance to what
he said for the pgFpoae Of being ez-
cused. He was not influenced, he said
himself, in his verdict by thls eL pression.
II 1t should reopen this Gaze the court
would be going further than it believes
eiy SOAtt Ever Laaa NvLb ~ = blu14lhF case =.
1he court had prstacei I'VE quote from
the newspaper summary q tie opiaion
made at the tine) this statement with tile
declaration that after thorough search,
it hat been unable 10 find an example d
new trial granted in capital case in
the English books sni that Ia this c0uu.
try il found ~ cases except ID Bta.o.
where the courta hGd the su.lo-ty 81 4
statute o. Of special rule Of practice
And, after delivering tn, opinion, sht
chief justice made an announcement Il
the bar, reported as follows
Gentlemen, we have coma 70 the con
cluson tina. we will not hear Gng furlhel
applications for ue8 trials in c.pitsI
cases. 1hsra is strong proof ia on
minds that there ia NO warrant for ID. i
is not done except ia states where ther,
is o statute egPFsasly tos il. The cour
will hear no more such applications
Yet Judge Payntcr was literal y correc
in stating yesterday that tho court ha,
not refused 70 entertain B7aA app!ioa
tons for they have bsen made and argue.
since the deli7eranoe Of 1856, though Il
the best Of Our recollection 40: urti
after Judges Gsubb and pgynis- Is.
bsen called to the bsnoh. Iha ut,sreuc
OF yesterday settles the prn.tziStng 10
certainty.
- Co