Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1890-01-03
EDITION
SUPERIOR COURT.

Question OF New Trial for George
II. Williams, the Slayer of Walter Il.
Wright.
Superior Court of the State OF Della I
ware, in and for New Castle county, met '
this morning at y o'clock, Chief Justice
Comegys and Associates Paynter and i
Grubb on the bench.
The understanding had been that ar
gument for new trial for Williams, CON
victed of the murder OF Walter L.
Wright, WAS 10 have been taken up, but
Associate Justice Houston, not having
appeared Jury of inQuisition was sum.
moned In the case o! the jackson Il
Sharp Company VS. Francis ID. TalIey, on |
book account Tor claim of Sl25.9l, on
foreign attachment proceedings. Tue nc
count was proved by A. VI. Cary, super
intendent of the jackson X Sharp Com
pany's works, and there being no de-
fence verdict for the full amount was
rendered. Harrington appeared for the
plaintiff.
At 70 minutes after 10 o'clock, 'areu.
ment commenced on the case OF Williams
tor a new trial, by William s. Ililles, ESQ.
The grounds for new trial were stated
BY Mr.. Hilles to be lat, that the verdict
was against the evidence; 2ud, that i,
was against the law; 3rd, that it was
against the law in this case; 4th. the jury
vas not an impartial one; 9Th, that John
W. Dayett was related by marriage to
near relative OF Walter 4. Wright; 9th,
that Thomas p. Lyman was related By
blood 10 the deceased, and 7th, that at
the time Of the trial 1t was not known
that these jurors were relations of the
deceased,
Mr.. Hilies proceeding asked can this
court grant 9 motion tor new trial in
capital case
The English rule certainly is that in no
case Of felony can new trial be granted
This rue, i! it rests on any reason at al,
would seem to be q sole and lonely sur
vivor Of the practice OF the English Jurts
prevailing at u time when the jury was
not composed like those OF the present
lay, but was made up OF persons who
we're actual witnesses of the facts or were
likely from proximity to the place IN
question to possess the best means OF
Judging correctly and who determined
according to their own actual or PIE.
sumed knowledge. Under such circum-
stances there would therefore be no new
trial on the ground that the testimony on
which the verd ct wns found was Insult.
client to warrant q verdict
This rule has been greatly censured in
England, aud has, to use the words OF
Judge Maury, 'never been countenanctt
BY our court and would never be to-
srsted by our people"
Courts may grant new trial where
The verdict 10 against the evidence or the
weight of the evidence.
AS The whole system of our law, civil
IS well AS criminal, rests upon the trial
by jury, SO the whole fabric of the trial
by jury rests upon the ASSURANCE that
these twelve bon holnines, should not
only be liberl ct legales, hut omui excep-
tone majores, and throughout the whole
history OF the common law we are struck
by the many aud Tor the most part eli
rient guards which the policy oil the law
has Intended 10 secure this impartil.ity
Of the jurors.
While this impariiality of the iuf,
was a right recognized as belonging TO O
party by the common law, yet the guar
aDtee OF trial by an Impartial jury q
appears in some form in the constitution
Of the United States and of every State
IN the Union.
At common law the qualifications and
dhqualifications OF jurors were contained
In the venire, and prominent among the
express disq notifications, both IN civil
aid criminal cases, was The one that the
Jurors should not be related either by
blood or by marriage to the party In the
suit.
This principle that one related bv bloo \
or marriage to a party is incompetent to
serve as u Juror, lie as old AS the trial by
Jury itself, and under the pract.c. ot
drawing Jurors in this country. while the
same Language ID not use nor the sam,
qualifications anl disuualilicaiinus ex
lressed in the writ vat II lt.s .iy.yi
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