Weekly Trinity journal., 1859-10-29
The Murray Case.

We find among the Supreme Court decisions,
in the Standard of the 25tb, the opinion of that
body in the case of Murray, sent from this county
to the State Prison for attempt to commit inces-
tuous marriage with his niece Believing it will
be interesting to the people of this county and
Humboldt TO know the grounds on which the
cause is remanded, we publish the opinion entire:
The PEOPLE Us. MURRAY.-The evidence in
this case entirely fails to sustain the charge
against the defendant of an attempt to contract
an incesuous marriage with his niece. 1t only
discloses declarations of his determination to
contract the marriage, his elopement with the
niece for that ayOwed purpose, and his request
to one Of the witnesses to 90 for magistrate to
perform the eiemony. 1t shows very clearly
the intention of the defendant, but something
more than mere intention is necessary to cOnsti-
tute the ofense charged. Between preparation
for the attempt and the attempt itself there is
wide difference. The preparation consists in de-
vising or arranging the means or measures neces-
sary for the commission of the ofense; the
attempt is the direct movement towards the com
mission after the preparations are made. 10 IL
lustrate party may purchase and load guu
with the declared intention to shoot his neighbor,
but until sOme movement is made 10 use the
weapon upon the person Of his intended victim,
there is only preparation, and not attempt.
peace, but be is not chargeable with any attempt
to kill. SO in the present case the declarations
and clopement aud request for magistrate were
preparatory TO the marriage but until the officer
was engaged, and the parties stood before him
ready to take the VOWS appropriate TO the con
tract Of marriage it cannot be said in strictness
that the attempt made. The attempt con
tempated by the statute must be manifested by
acts which would end in the cOnsummaton OF
the particular Oilpnse, bat for the intervention OF
circumstances Independent of the will Of the
party.
Judgement reversed and cause remanded.
FIELD, G. j.
We concur: CoPE, j.,
BALDWIN, j.
The decision is the opinion of men thoroughly
instructed in the Law, and must carry much
weight with it. As the case now stands, Murray
is to have a new trial if we are properly in
formed the Sheriff Of this county is required to
proceed to San Quentin and conduct the prisoner
hither for such purpose, which will result in a
pretty bill of expense to the county. For this
reason we hope the Sheriff will stay at home,
unless compelled to 60 If the evidence on which
he was convicted fails to sustain the charges
against him, we think he might as well be set
'N''r'''
which can go to convict tue prisoner was adduced
at the first trial. The intention to contract mar
riage, the Court says it clearly shown but it also
says the preparation for, was not the attempt it.
self If we are rightly informed the intention
to contract marriage was, or should have been,
sincere, as the girl is likely to become mother.
If such is the case and she chooses to avow the
4.
not cannot see that evidence can be procured
to accomplish such purpose The family have
gone to Oregon, and as the man Murray has
gained an unenViable n0JOricty, we hope he will
never show his face here again. If the girl still
retains her infatuation for the fellow, we can't
see that any good will be accomplished or the
ends of justice met by new trial. Murray is a
bad man, or he never would have attempted
what he did.
Coop EAylNGs-The Manchester (England)
Guardian, says of the occupation of San Juan
Island by Gen. IIarncy
"The American Generals exploit seems to
have been nothing more than one of those acts
Of piracy by which lawless representatives of
the United States are accustomed to settle dis
putes with weaker and more barbarous ncighbOrs,
but which it is time they should be taught they
cannot safely indulge in against powerful and
civilized nations"
From the conclusion of the Guardiaa's article
are led to hope that Uncle Sam will immcdi-
atcly load two big guns for service one to be
placed in the Sandy Hook Lighthouse, the other
on Lime Point. Listen:
''We trust the Government of the United
States will speedily disayOw the act of its ofcer
otherwise the English Government will be forced
to take immediate steps for the viHdication of
the honor Of the country, aud show the licensed
rultans of the Federal army that they must not
appropriate British Territory coolly if they
were merely cutting off another slice of Mexico"
"Licensed rufians of the Federal army" eh
Is there man in all Yankcedom or-Missour
that can stand that. Take glass OF arf an
ART" Uncle John, and cool down.
FROM THE EAsT.-The overland mail arrived
at Gilroy on Sunday. The British Government
have contracted to have Il telegraph laid from
Falmouth to Gibraltar The contract for carry
ing California mails is decided in favor of Van
derblt. New Orleans people are indignant
because Of the nou-arlival of their mails. Pro
fessor Lamountaine and his passenger in the
late balloon trip, are believed lost, A reward of
$1,000 has been offered for their bodies, alive
$500, if dead. At Albion, n. Y. one thousand
persons assembled on the canal bridge to see Il
rope walker the bridge broke and some twenty
persons were drowned.
Henry WARD BEEcHER is greatly in favor of
the sort of newspaper columns composed Of short
items. He says, " It's worth more than all the
small fry Of correspondents, with an editor
thrown in to boot. Like a caravan it stretches
along in columns, with packages and parcels,
spices and gems, bits of fragrance or cunniugly
wrought metals, gathered from the Orient and
from all the world besides The items of the pa
per, like the stulling Of Thanksgiving turkey
represents everything in the house, crusts Of
bread crackers, and all spices"
BETTING AGAINST TmE.--The Telegrom says
one San Francisco gentleman has bet another
that in 1861 the population Of that city will ex
ceed 100000. We consider it an unsafe bet; the
chances are that before that time the whole city