The herald., 1893-05-05
BENTLEY WANTS A NEW TRIAL,
The Motion Argued by Counsel
Last Night.
Mr.. Goodrich Delivers a Long and
Able Argument.
The Defense Makes an Excslisnt show
Ing IN the Argument The Rea-
sons Given 10 Support
of the Motion.

The audience that greeted Henry Bent
ley last night, as he walked into Judge
Smiths court room, was not as large as
that which looked down upon him on
the day when jury, with one OF the
most dificult cases Of circumstsntisl evil
dence ever submitted to IL American
citizens, brought in a verdict of guilty Of
murder without being absent ovsr 20
minutes on their work OF elaboration.
LAST night about IS people were without
the bar of the court, and less than a
dozen on the inside of it. The prose-
cution was represented by II, G. Dillon,
district attorney; GeorgeJ Denis, j. ".
Harmon and Senator White, but the lat
ter gentleman did not appear; and the
defence was covered by Anderson & An.
derson, Mr.. Goodrich and George Hay
ford. Ihe defence applied for O new
trisi d. the following grounds:
First--That the jury had listened to
remarks from counsel for the prosecu-
ton that were improper.
Second-That the jury had received
information that they (the jury were
wrong in their verdict.
Third-That the jury had been sep
arated and made liable to approach dur
ing the tendency Of the trial.
Fourth--That the court erred in in
structine the Jury.
Fifth--That tho verdict of the jury
was contrary both to the law and the
evidence.
Another affidavit Of Bentley was then
read, to the effect that additional evil
dence could now be given, which was
not obtainAble at the time. Of tina trial.
Mr.. Dillon then read IL alfidavite from
the several members Of the jury. to the
effect that they had not been approached
during the trial. Also one from the bailiff
in charge Of the jury to the effect that
he hsd had entire charge OF the jury dur
ing the trial that they had not been
separated, and that no person had Of
fered to approach them.
Judge Anderson spoke about DO min
uter, and reviewed the manner in which
the jury had occupied IL rooms on the
third floor of the st. Elmo hotel with
% rooms adjoining them and ACCESSIBLE
to outside parties II they go desired. The
counsel then ghowed diagram of such
rooms, showing how easily Juror could
be tampersd with from an adjoining
room. His voice gave out about the
time he had spoken 40 minutes. His
son then took up the argument. He said
that here was case of purely circum-
stantisl evidence. and yet jury of IL
men, presumably intelligent, mad rem
dered verdict OF murder in
the first degree after barely
20 minutes deliberation and in
the face Of tho strongest professional
testimony tending to exculpate the
prisoner He then referred to tho man
ner in which both District Attorney
Dillon and Mr.. Geo. J. Denis had
dropped their vacations of counsel and
volunteered testimony to the jury while
summing up, in which they had not
been checked by the court. He then
coury in the People VS.. Bowers, Gal. 10,
. 4l5 in which tho court held the pub
fic prosecutor guilty of misconduct in
citing from Alotter concerning Bowera'
record which had not been offered in ev-
idence, and had granted new trial ac-
cordinxly. In the case OF People Va.
Devino, 50 GAL, p. 81, Judge De Haven
had said: THE courts must hold a
proper check on counsel for either side.
The object OF courts 10 to grant fair
trials, and fair trials cannot be had If
counsel are allowed to make improper
and prsjudicial statements at variance
| with their personal knowledge"
| MIR. Denis referred TO tho etryehnine
found in she stomach of the dead woman
and said that by strange parallel oil
| circumstances two women bad died
within short time of each other, one
| in New York and the other in Los An
geles, and in each case apoplexy had
been given as the cause of death. The
intervention OF chemical analysis had
been invoked, however, and within "a
hours Of the time Dr. Buchanan was
convicted of having murdered his wife
with morphine in New York, Bentley
had been convicted of numbering hit
wife with strychnine In Los Angeles. The
| counsel then went on in long dieeerta
ton on the ptomaines OF strychnine anc
the various tests used to detect the pres
ence of that fatal drug.
Prosecuting Attorney Dillon next re
viewed the statements OF the defend
ants counsel in reference to the man
ner in which the Jurors were separated
at the st. Elmo hotel. There were nj
lodgings in the court houee for Jurors
and it had always been customary tt
take them to a hotel. The law says
Jurors ehall be given food and lodging
and their entertainment at the st. Elm'
was lodging and food within the inten
of the law. The bailiff in charge haC
slept in one room with keys to the othe
II, and had anybody attempted T.
tamper with the jury they must hav
been heard. He then read numee
OF cases in which the supreme cour
had held that if the officer in charg
exercises a due diligence to keep tn
Jury together, that is sufficient in tn
eve OF the law. He said he had nothin
to retract concerning what he had SAT-
about Bentley, who had married an oil
woman for her money. and who ha
then treated her so cruelty that b
might as we'll have murdered her as
ask her to live through such life ofcrt
, eltv and neglect.
It was 10 O'Clock when Mr.. Goodric
, rose up to address the court and did
! in a manner that was both creditab
: anu elegant. He overhauled the maj
. merlin which the jury had been addresse
by counsel for the prosecution and cite
:, several cases to show where, for similt
> actions to this, verdicts had been 81
: aside and causes rsmanded Tor a ne
trial. Here vas case, he said, whe
three of the most eminent medical ms
in Los Angeles had decided woms
had died from natural causes, yet Ju
Z convicis her spouse of murder in 20 raj
! utes' delfbsrstion. The court could nc
4 in his belief, deprive man OF his Ii