The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1850-11-28

people living in Montour county had the
protection of no law from May last, until
this time.
Again, if even the prisoner could now be
held in custody iand tried in Montour, the
record of this trial would be given in evil
dence there under the plea of autrefots ac-
quit
The indictment was found in Columbia
county, aud although certain unfinished eipit
suits are 10 be transferred TO Montour county
by the act Of Sd May 1850, !. 5, and :. 10,
an indictment is not such record as is meant
to be included by this privision of law, and
cannot be removed by intendment, but by
expression alone. For this reason, ,jurisdic-
ton attached to the Court of Columbia TO
try the indictment WI ich Grand Jury Of
that county had found, and where juTisdic.
tion has not been expressly removed.
He also argued that a defence as to the
jurisdiction must have been specially plea.
ded, and that the general issue of not guilty
admits the jurisdicon of the court to try the
prisoner and submits his case to its decision
In reply, MIR. Comfy insisted that under
the constitution the prisoner was entitled to
an impartial trial by jury of the vicinage-
the county where the crime was alledged to
have been committed, and that hence the
trial should take place in Montour county,
which was erected into seperate organiza-
tion on the 3D. day OF May last. On the
first day OF November it acquired legal
existence for all Judicial purposes.
AS to the plea of autreois aequit, the pres.
ent indictment charged crime in Columbia
county against the prisoner, while second
bill would allege different crime in lfon.
tour county. But in any event there was
nothing in the plea for Jurisdiction er neees
sHote' The only question was here as to
the Legality of these proceedings. 1t was
the duty of the court TO decide the question
OF the prisoners rights, and then il was the
law and not the court which was RESPONSE.
BILE for the result, if that decision acquitted
the prisoner.
The act of Sd May 1850 means that more
than unfinished civil suits ST. all be transfer.
red TO Montour county. The fifth section
provides .or civil suits, and the thirteenth
section goes further and includes "all records
and other legal proceedings" relating to
Montour county. This prisoner could Ger.
tainy be tried at this time in Montour, and
two counties cannot at the same time have
jurisdiction.
But again, said Mr.. Comfy, this question
affects the people of Columbia and Mon.
tour couEties. Ie Or. Crandall should be
now convicted and sentenced, the cost of
his maintenance would fall upon this coun
ty, when, in realty, it should fall upon
Montour
AS to the plea of jurisdiction, it is inclu-
ded in the general issue of not guilty The
prisoner pleads that he is not guilty of ths
offence as laid in the indictment in Columbia
county.
lie could not tell before trial in what part
oil Columbia the offence was to be charged
against him, for no township is mentioned
on the record. He was not called upon TO
defend himself against the charge of a
crime in Montour.
In adjourning the court on Saturday night,
Inc court directed the jury to remain toseth-
er during Sunday and hold no company with
other persons. On Sunday morning, under
charge OF the constables, they attended at
the Episcopal Church.
On Monday morning, after some further
argument upon the question of jurisdiction,
Judge Anthony said the coun desired that
question 10 put into some shape in which ii
might be able TO receive the judgment OF the
Supreme Court He suggested special
plea as 10 jurisdiction upon which issue
might be taken. The prisoners counsel de-
clined such an arrangement, and the court
then said that the point upon jurisdiction
would be reserved for subsequent special ar.
gument if the jury brought in verdict of
guilty, and that if the verdict was different
of course there could be no necessity for
such argument.
MIR. Comfy then argued the cause to the
jury upon the evidence. He was followed
for the prisoner by Harrison Wright, Esq, of
v ilkesbare, in an argument of ingenuity
and much force. In the unavoidable absence
OF Mr.. Buckalew, Mr.. Clark closed the ar.
gumeat for the Commonwealth.
Judge Anthony then charged the jury, and
they retired at S o'clock on Tuesday after
noon. At 10 o'clock in the evening the bell
rang, and the court house was thronged by
a crowd eager 10 hear the verdict The pris-
oner was brought in, and the jury in reply
to the coart answered that they found the
defendant NOT GUILTY. He was then
discharged on proclamation, jury having
previously passed upon the other Indictment
against him and returned verdict-of not
guilty.
Al N.