The defendant was convicted of murder and appealed to the Supreme Court for a new trial on two counts: first, that after evidence had been closed on the part of the state and the defendant, the solicitor-general moved for leave to swear in another witness, who had been present throughout the trial, to prove that the defendant had run away from those trying to arrest him; and second, that the jury had behaved improperly after their retirement: whilst they were deliberating their verdict, on Saturday morning a slave boy belonging to one of the jurors was twice seen to carry wine, coffee and other victuals to the window of the jury room, and hand these items to a juror.