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New Orleans, Orleans County, Louisiana
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Defense counsel seeks new trial for Hadnot, Cruikshank, and Irwin, convicted of conspiracy in US Circuit Court before Judge Woods. Claims include verdict against law, wrong juror John Mulvey, and disqualified juror Timothy Kelley due to prior perjury conviction. Hearing set for 20th instant.
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Counsel for defense yesterday appeared in the United States Circuit Court, before Judge Woods, applying for a new trial for Hadnot, Cruikshank and Irwin, convicted of conspiracy. It was contended that the verdict is contrary to the law and evidence. It is also claimed that John Mulvey, a juror in the case, was not the person summoned; that he is John P. Mulvey. Also that Timothy Kelley, another juryman, is disqualified to act as such, having been convicted of perjury. He alleged he was indicted with an alias of James Hanly, April 9, 1866, and convicted June 30 of the same year, Wood Perry being foreman of the jury, and Eugene Staes, Esq., one of its members. July 23, 1866, he was sentenced to five years in the Penitentiary. This would prevent his appearance in public life till near the middle of 1871, and as the juryman, Timothy Kelley, has been in New Orleans since 1869, and well known as an officer in the Customhouse and in other capacities, the learned counsel has probably started a mare's nest of mistaken identity.
District Attorney Beckwith said that the point concerning Mulvey necessarily demanded his attention, and that he would be compelled to give it some time for investigation, therefore was unprepared to argue the case.
The matter will be heard on the twentieth instant, to which time the court adjourned.
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United States Circuit Court, New Orleans
Event Date
Twentieth Instant
Story Details
Defense applies for new trial claiming verdict contrary to law, incorrect juror Mulvey, and disqualified juror Kelley due to 1866 perjury conviction; DA needs time to investigate; hearing postponed.