Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-25
ASKS FOR NEW TRIAL
ACTION TAKEN IN CASE OF SAM'L
GASSENHEIMER.
Alleged That Verdict Was Contrary
to the Evidence - Errors
Of Law Cited.

judgment were filed today in Criminal
Court No. l by Attorneys Henry E. Davis
and D. w. Baker. in behalf of Samuel Gas
senheimer. in whose case jury last Tues
day rendered a verdict of guilty, qualified
by recommendation Of mercy The de-
PENDANT was accused of receiving tickets
embezzled from the Baltimore and Ohio
Railroad Company. knowing them to have
been embezzled. and the case was tried
three times before a verdict was reached.
The juries that sat in connection with the
first and second trials of the case were
unable to agree and were discharged. Dur
ing the proceedings charges of attempting
to corrupt one Of the Jurors were preferred
and a resident of this city adjudged to
be guilty of contempt of court for an al
legged effort to influence juror.
The motions Will be argued later The
defendant is subject to be sentenced to be
imprisoned for not more than ten years or
to pay a fine not to exceed $1,000. or both.
Grounds for Motion.
The motion for a new trial is based on
the following grounds:
''The verdict is contrary to the evidence;
the verdict is against the weight of the
evidence; there was no sufficient evidence
to justify the verdict; because Of errors of
law committed at the trial by the justice
presiding in his rulings in admitting and
excluding evidence; because of errors of
law committed at the trial by the justice
presiding in granting instructions prayed
by the United States; because of errors of
law committed at the trial by the justice
presiding in refusing instructions prayed
the defendant; because of errors Of law
committed at the trial by the justice pre-
siding in modifying instructions prayed by
the defendant because of errors of law
committed at the trial by the presiding
justice in his rulings upon prayers for in
structions by the United States and the
defendant, respectively: because Of errors
of law committed at the trial by the JUS
tice presiding in his charge to the jury;
because of errors of law committed at the
trial by the justice presiding in instructing
the jury in response to it's request after
having retired; because Of error committed
at the trial by the justice presiding in re-
fusing to permit counsel for the defend
ant to state, in the presence or the jury,
the grounds for objection and exception to
the Justices instructions to the jury, ana
on bills Of exception taken by the defend
ant at the trial.
For Arrest of Judgment.
The motion to arrest the judgment is
asked for the following, among other rea-
sons:
1.-The indictment does not allege that the
certain tokens or tickets therein mentioned
and described were, or that any one of
them was, embezzled in any manner de-
scribed in sections S33, 1874 and S35 OF the
or in any manner whatsoever: the 1ndict-
ment does not allege that the tokens or
tickets, or any one of them, came INTO the
possession or under the care of the certain
Barnes therein mentioned by virtue OF MS
employment in the District of Columbia;
the Indictment does not properly allege that
the tokens or tickets We're, or that any OF
them was, at the time of the alleged en-
bezzlement thereof, of any value whatso-
ever; the Indictment is In other respects
uncertain and insufficient to charge, and
does not charge, any offense against the
defendant; the indictment does not charge
an embezzlement In the District of Column
bia by the certain Barnes named therein;
the indictment does not charge the coming
into the possession of Barnes by virtue OF
his employment in the District OF Column
bia of the property in the indictment men
toned, or any part thereof; the indictment
does not allege that Barnes received the
property mentioned in the indictment, or
any part thereof, in the District OF Colum-
bia. and the indictment does not charge a
lawful possession or custody by Barnes In
the District of Columbia of the property
mentioned in the Indictment, or any part
thereof"