Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1827-10-31

| that he has been formerly fr.ed for the sa"o
individual act, or acts Of crIdA, which, II vert
fed by production of the record OF his acqun-
tai or conviction. or even by other sufficient
evidence, must ciIcctually quash the trial. II
may easily be understood, however, that the
plea Of former acquittal can be OF no avaii,
if the trial is brought in appeal OF the lufg-
ment Of tte court which had pronounced the
sentence ofacquttal. pardon OF the CRIME
foi which the prisoner is arraigned, Is iikcwise
a valid plea in bar the trial: Nor, IS 1t to be
doubted that promise or assurance OF mercy,
given on condition Of becoming evidence
against an accomplicc, or a criminal who is
tried for the same offence, would be admitted
by the court as an etfcctual bar OF the trial ot
the person who pleads it and veriiics his plea
But with respect TO these pleas IN par OF
trial, it is proper to remark, that although, IL
admitted, they are conclusive in favor OF the
prisoner, they are not, if repelled, conclusive
against him who urges them; that is to say, II
the court shall determine against him on the
plea in bar, he shall not thcrenpon be imme-
diately convicted, but shall still lie at Liberty
to resort to the general issue, or the plea OF
not guilty Of the charge. For the law, says
Blackstone, " allows many pleas by when
prisoner may escape death. but only one plea
in consequence of which it can be inflicted
Viz OH tHc RencFul lSSuc, uItcI ~" po'''~' ~
animation and discussion Of the facts"
From all that VIC can gather, it appears
that the original plea Of not guilty, recorded
by the accused, was the best plea he could Of
fer and indeed it was the only one he could Of
fer, in the way the affair turned-and we fear,
that he may suffer and has already suffered, in
consequence of his attempting TO set up the
plea Of jurisdiction, at a time, when he ought
to have known 1t could not be sustained; and
if he feels himself injured, he must remember,
that that injury was created by the false ad-
vice Of those who perhaps intended well, whilst
they were profoundly ignorant of the subject
matter under adjudication.
We have already consumed much more time
than we expected to exhaust, on this subject,
and will soon dismiss it forever But before
we do so, it becomes us TO remark, that linn
tied as our acquaintance with the law Mar
tial OF the land is, we have been unable to ar
rive at any other conclusion, than ths;-that
Lieutenant Mosher, was properly proceeded
against, and that the sentence Of the Court
was just and proper, and arrived at legally.
OF his liability TO that decision, we presume
no one who has paid any attention to the sub
iect, will for a moment entertain a doubt; and
though we regret. that young gentleman OF
respectable standing, useful member Of soci-
ETY., honorable and upright IN all his transa C.
tions, by a single act of indiscretion, incurred
the infliction of what most men will denomi
nate disgrac &C, 1t is to be regretted, that he di'
not on his trial. pursue proper and lcga
course Of conduct, and treat with respect ant
dccency, legally constituted tribunal Of his
peers, who had assembled to give him a fair
and an impartial trial on charges preferred
against him and it is the more to be regret
ted, that he pursued the course he did, from
the circumstance, that he was lead TO il by the
erroneous advice Of his counsel, gentleman,
who, however well he may he vcrsed in the
common and statute law Of tho land, seems
not to be proficient in Law Martial.