Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-02-16
WANTS A NEW TRIAL.
Mayor James G. Wyman Asks to
Have His Case Tried Again.
CLAIMS THERE WERE ERRORS
Elphinstone Thinks New Trial Will Not
Be Granted.
THE AUDITORS ARE ALMOST THROUGH

Mayor Wyman, of Allegheny, yesterday
applied for new trial. The argument will
hardly come up until the last week of the
| present term, which ends March 5. In case
| a new trial is refused sentence will be passed
Immediately. Until the argument Mayor
Wyman will be allowed to hold office, and
will not, it is stated, resign. The reasons
set forth in the motion for new trial are:
First-There was not sufficient evidence OF
extortion by the defendant.
Second-The lack of evidence was repre-
! sented in the charge and instruction to the
jury.
Third-The Court erred in the admission Of
evidence.
Fourth-The Court erred in the charge to
the jury on the duties and responsibilities OF
the defendant.
Fifth-The Court erred in not charging that
If the fee charged by the clerk was unlawful
illegal there could be no conviction.
Sixth-The Court erred in the general lean
ing and tending OF the charge in favor OF
conviction.
Seventh-The Court erred as to points made Q
by the defendants counsel.
Eighth-The Court erred in instructing the
jury as to the value of good character.
Ninth-The defendant, Mayor Wyman,
had not fair trial by jury empaneled to
Tenth-This point represents that q new
trial should be granted on account of a claim
having been allowed by the Court that the
counsel for the defense had made points of
alleged facts not IN the evidence.
Will Appeal to Supreme Court.
City Solicitor Elphinstone thinks there is
no probability that new trial will be
granted. He thinks the first was fair and
that the entire bench will sustain Judge
Kennedy. If it is not granted, it is the in
tention of Mayor Wyman's attorneys to
appeal to the Supreme Court. In case this
is done and the Mayor should be given
workhouse sentence by Judge Kennedy,
he would be retained in Jail, until the Su-
preme Court would fix the time for hear
ing The Supreme Court is now in session
in Philadelphia and 1t could require three
or four days to get an order releasing Mr..
prospect is the only subject dis
cussed by Mayor Wymau's friends, but no
remedy can be found. The statement that
negotiations have been made whereby the
prosecution is to ask for leniency in the
Mayors case is vigorously denied by Mr..
Elphinstone.
Do Not Want Any Compromise.
$50 far as 1 know" he said, "no pro-
posals have bsen made by either the
attorneys for the defense or prosecution.
All talk on that subject Is by outsiders, who
do not speak with authority. There will be
no more cases taken up by us until Mayor
Wyman's is disposed Of"
DR.. Gilliford is quoted as being in favor
of going on with the cases against ex-Mayor
Pearson. Mr. Elphinstone and all the
other prosecutors oppose such course, and
the former asserts that DR.. Clifford is
prompted by personal spite. 1t is we'll
known that Clifford and Pearson are not
good friends, and 1t is said the former will
proceed against the ex-Mayor with his own
attorney in case Mr.. Elphinstone insists on
delay.
Mr.. Henricks said yesterday that the
auditors are almost through with their
work. They will soon make final report
on the affairs of the water bureau and
other departments. Mr. Henricks thinks
the Mayor will not be given a new trial.