Year: 1873

THE PLEA FOR A NEW TRIAL OPPOSED.


Quite a large crowd listened to tho argument
OF sokess counsel before Judge BOardman yesterday,
for new trial the ground OF rregularity. Mr.. Ire
main being sick Mt. Dos PaSsos and Mr.. Townsend
appeared for Stokes and MT Beach and Mr Fellows for
the prosecution Mr. Dos PassOs, after brief recapitu
lation OF his previous argument pleaded for trial
the ground Of newly discovered evidence developed
IN the affidavit OF Mary Bean. As there counter
sfidayt he argued the question whether 1t was
cumulative evidence and called attention TO the fact
that witness the trial had seen a pistol IN
Fsks hands, and that this testimony the only thing
that directly controverted the Courts theory not sug
gesed by either counsel that the pistol picked up by
lady on the stairs might been after all Stokess
own pistol He then reminded the Court that the open
ing counsel had alluded TO the present state OF excite
ment Of the public in regard TO homicide cases, thus in
Producing before the jury considerations which they had
no right consider and that that not checked at
the ame the jury warned not to regard that
appeal He appealed most earnestly to the Court to CON
slider carefully and merculy oil the points presented in
the light OF the pressure brought upon the jury by public
excitement


Mr. Beach, in reply insisted that the Court was bound
10 look at this in its legal light alone He argued
length the question OF the right Of the Court oil
Oyer and Terminer giant new trial on the merits
This was not court Of general Jurisdiction for then 1t
could grant new either ground but OF special
and limited power and its powers ended with the pro
nuncatlon Of sentence. He commented on the case o
Mills AIT. The People, and argued that Juoge
Denio's opinion not authority on tneSo
points, claiming that 1t was in some measure
dtca not applicable TO the circumstances ana III oIhcr
respects not sustained by the it cited lie pro
duced citations that the could nos hear ahdaVs
either OF Jurors OF Of Jurors speeches TO impeach he
verdict He argued do would enable juror WHO
had enough conscience TO obey his oath to do such Ies
ularues for the sake Of prisoner as 10 impair us
verdict He claimed that Notwithstanding the au'
thory Of EaswOOds case, in which Judge Seiuen H"u
given IN opinion the prisoner was bound to make out


rnavely not merely that there had been an irreGu-
larty on the part Of juror in examningthe locahy
Of the occurrence but that rregulary had resulted
to the injury Of the prisoner.


Mr.. Reach then took up the cases Of the jurymen
separatcy and in reference to Beyer's Gancing in
pistol store window TO IL casual glance would
enable him 10 note the number Of chambers in pistol
expressed surprise that this could be grayey alleged as
a reason Tor setting aside verdict. Was juryman to
forget all his experienced Was not the breadth OF his
experience one Of the chief merits of jurymani Suppose


iur,man had happened have pistol in his pocket In
the uryroom and shown IT, could 1t be said that was an
error m the uryl The uryman told them that 1t had no
iunGcuCc Uu his decision. -,


Mr. Beach also commented upon the action or the
remaining Jurors iu similar VEN, and when he hdd con-
cluded Judge Buardman informed counsel that he
would his decision in the latter part OF TINS
week OF the beginning OF next