New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-09-03

Ao 18th III. whole relsht Mr. O'C. replied that II
sns doubtful whether tne Gans case cam slhln con
structiye malice and II not he ~ai not nghluy h-hgei
The Judge said ne always thought under tue second
subdivision Of statute that ~a' necessary 70 make
Out on ntei ton TO Kill
Mr. orc ,sid tho subdivision required that there
should have been an intention TO kin soma ons He
,hourht the Of Penn yivania should be tue guide,
that where there 10 absence OF intention charge
uf murder cannot be sustain"d
The Judge thought, In Oroer 20 bring party under
the sstute there must have been an intention 10 COM
Nit T. lony murder
Mr. O'C ssid he thought no amount Of negligence,
however great Il might b. ii not done win ve~ TO
take life, even be made murder The mere tact OF
a captain putting up Unusual quantity OF steam 70
race ns boat could never bring him within that
charge.
In regard to jurisdiction Mr. OC contended tha.
Copgre., having esssied upon the matter gave the
L. 3 Court exclusive control Of iho ofeDse.
The argument having been concluded the Judge said
be would reserve bis decision until Monday, the de-
PENDANTS IA the mean time to be placed In tho custody
Of the Sheriff of New York 10 be brought no on Nom
day por g at which time the sheriff Of Westcheser
Co. to be In attendance.
The following are the citations, or au-
thortes IL law presented by counsel In the arg umen
as related TO the hGbeGs corpus, (consensed tfo 'ner
points
on discharge the warrantrom Westchester COu MY
The d. fer dants be held under the section Tor
murder r. 5 675, section 5, subdivision 2, SIS ODDLY
BARN not Intended (Revisers ko'es, SOY "a
ed except In OF felony, cd X 3d. section D,
subdivision 81 The case oors not come undsr man
ssus bt.r 9 r. s COL section g. $780, section ~ 81 al
K Col section II - H. section ~ ss % ma slaush
ter in 4h degree, does not apply to the csss Ean "
25 No crime has been nmltted under the statute or az
common but # the Court thinks there was the case
The Courts OF the nave exclusive jurisdiction of tbs
case oy the Of 1889 Constitution 3 arrce j. secon
Wt.es Sse " WeDd sii s7 ~ Howard as y Pstsr,
Is Wheat sos, 3}3; La Animal Report, % Wheat l.
40 Wheat 562; II Peters, CIT Daveiss u; Story
A,to concurrent urisdction the United States having
first exercised IT. retains g Wheat 532 Panes T. T.
Reports. $50; A'hmssd, III Legal Observer ~ 81
Wheat 3Wheat 34) If the SAFE has jurisdiction the
does include this e X ), I'd suodi son
p 796 sect $ Sd co. People Ausrn, decision Of Judge
Edwards Legal Observer 1871 By of 1880, at at
large sect 36 Congress has regulated the whole case
sno it contrsry to natural justice AID the undam nta
principles Of criminal law well to express provision
OF State institution that two distinct punlshmsnb
| should he inflicted for the same ,fense.
Points b, Mr. Wells Dist Attorn-y West hester Co., las
sisted by Messrs Lockwood aud ROnane IN opposition
the discharge from by Westchester Co, viz rhe
charged Constitute murder Il r. S. 657 sect su di rs
ion Russell Crimes 489 Revisos Notes R. J. SO9
20 ed; People Rector 10 Wend 592 People Eaoch
ter's Common Law. 257)
If nurceT it is msnslausbter in first degree What
amounts to public wIopg, Is ludctabe as INSIDE
meanoT such keeping guDpowder In dangerous place.
though no injury result 10 riding or going armed with
Il John, 49, lTeces Reports, 4l8; Rees on Crimes 4S
Motel
misdemeanOr law The defendants loaded their
boats with passengers induced them 10 bos aud
commit their lives to the of those having charge
the beat under pledge Of safe transportation then raised
undue and unsafe quantity Of steam" aod In doing
made excessive aud did not ordinary prudence In
The management OF the boat fT the purpose OF racing
The existence aud validity Of the warrant only
facts traverssble In hsbeas corpus People Mcleod
Hill 4o4 People Casselle, Ill., 1871 l6a; Bonnie
People Barb, 81 5, 663, 81, Sd ed, sec. 80,
oiiRiDsl)
The power admit to bail in this does not exist q
r. S. t64 sec So SO; Sc 60, y 1874 sec II
The Court Of the Uted STAGES cognizsnce OF the
under the power 10 10 punish
CfsDses the high (COnstuion L >, Art l. sec
Gibbons W. Ogden Wheat, 1874, Kent, 367, Note Al
Wheaton 1881 The Act Of 1883 does oily
boats ma eating exclusve, in ate fitch Lv
g.t.n ssndfo6s 4 c. Reports son. t. :. vs. Beyaus
Wheat S87 story ConHluti N sec. 1913; hasons
&C Reports 900, Kent CON- 1863 Wheaton, 4'5 The
Crimes tOf 1880 ch 8 and Act of 1873 On ~ sec
g. reserve the State Jurisdiction The L. s Court does not
obtain ursd ctoD TILL after indictment The defendants
only obligated themselves place themselves thn IFS po y
es 6 Pet 79; How, 1885, BurrPs Law Doc. Jurisd,c 10
John 80; Act Of Congress 1912 l98 sec statutes at
Large vol p ~ The acts Of defendants be
both of the of Congress and the State law
ishsbe under each design of the former being to rega
late conn cree and Of the sscoad u tec the and
dignity Of the State and tbs lives Of Us citizens FOX vs.
State 8 Ohio Howard, 43i; L. S. vs. Mensod, HsT-
ard, 56g)