The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1859-06-14
The Tyler Case be fore the Supreme Cou

j
Court for argument on case reserved fro
the ST Clair Circuit. IL was opened
Alfred Russell, Esq, on behalf Of lyle
who proceeded to read the record Of Il
case.
This commences with u lengthy and ve
bose Indictment for the murder OF CAP
Henry l.. Jones, found by tho st. Cla
Grand Jury Feb. 4tb, 1859 To this, Il
Ter responds by pioIucing the still moi
lengthy and verbose indictment ofthe U.
Court upon which he was tried and convid
ted OF involuntary manslaughter, and sol
tenced to pay fine Of 81 and to bo in
prisonod for 30 days in the Wayne Count
JAIL and which sentence was fully carrie
out. He then proceeds:
And the said William II. Tyler iuthe
saith that the said Circuit Court of tn
United States for the District Of Michigan
had fall power, authority and jurisdiction
10 try lin for the said oilense, and Of whic
he was convicted and sentenced, and tha
the said authority and jurisdiction wer
conferred by section first of the act of Con
guess Of the United States, approved th
third day Of March, 1887, entitled San ac
i'll addition TO an act mere cffectually I'd
provide for the punishment of certain Grim /
es against the United States and for other
purposes"
And the said Tyler futher saith that thd|
said shooting at said Jones by the said Tyt
Ter "a alleged in the former Indictment, was
in the river st Clair. within the admiralty
and marlime iuris Fiction Of t. e United Sta1
tcs and out of the jurisdiction Of any par !
tcular State of the United States, and that
said Jones afterwards died Of said shooting|
on haud within the United States, to wit !:
at said Port Huron, and that said brig
Concord was an American bottom owned
wholly by citizens of the United States,
and that both said Tyler aud Jones were
citizens OF the United States as alleged in
said former Indictment;
And tho said Tyler futhcr saith, that
the said mans laughter Of the said Jones, of
which the said Tyler was so Indicted and.
convicted and the said act and murder Of
Henry Jones for which he is now indicted,
are one and the samo act, and not other
or different felonies or otfenses, and this
the sail TYLER is ready to verify; wherefore
he prays judgment if the People of tho
State Of Michigan ought luther to prose
cute the said indictment against tho said
Tyler in respect ofthe said indictment men
toned, and that said Tyler may be dismis'
sed and discharged from the same.
This, in their replication, the people adj
nit that it was for the shooting which ho
alleges and for no other, that he was tried
and convicted, bat they contend: -,
Yet the said people, for replication III
this behalf, say, the the said assaulting,
and dischargirg Of said pistol and tho woun-
ding of said Jones with said bullet, SO dis
charged by said Tyler, were all done by Ty,
Ter, on board Of said vessel the Concord, al
the time mentioned 10 said plea, and upon
tie River St Clair but the People aver
that tho salnc were done beyond the boun-
Diary line between the Uuited States and
tho Province, without thr boundaries of
Michigan, and Of the County of 81. Clair,
aud without the admiralty jurisdiction Of
the United States. And this the said
People of the State of Michigan are ready
to verify.
Wherefore, they pray judgment, and
that the saG William Tyler, may answer to
the Indictment pending in this court
70 this Tyler replies by Il demurrer. alleg
ing that the matters in tho above replica
ton are not sufficient in law to maintain
tho Indictment and replication aud that he
is not bound by the law Of tho land to an.
swcr The same. For want of sufficient
replication, therefore ho rrays that the
Indictment and replication may be qnash'
Cd;
70 this the people fled joinder in de.
murcr alleging that the matters set forth
in the replication were slNicicnt in law anil
chat Tyler is bound to answer the same
They therefore, ask that he answer inl'ct-
IN nj.
Thereupon the Conrt, The case being
fully brought before it, believing "lhat the
question Of law arising thcreupon arc Of
sufficient Importance to require tie opinion
Of the Supreme Court upon the same, such
question, arc reserved for the opnionof tho
said Supreme Court, that is to say"
First Had the United States, at the limo
# the sail conviction and judgment, ad
mirally jurisdiction over that part o. tho
water St. Clair, which is without boundar-
ic, Of United States. and within the bouu-
drlics Of the County Of Lambton, in tho
Provence Of Canada, within the intent and
meaning Of the Act Of Corgicss entitled
"Au net in addition to an act more ctitctu
ally TO provide for the punishment Of cri'
mes against the United States and for 9TH
/ er purposes approved March 81. 1857.
Second Was the shooting Of Henry Jon
! cs, by the Defendant, in the manner, and
under the circumstances set forth in Tho
sal plea AMI replication, and in the place
sci forth in the saiA replication, within tho
admiralty AMI marlmc jurisdiction Of tho
United States, for the seventh Crut ard
( District of Michigan, under the said first
section Of the act OF Congress aforesaid.
/ The case will probably consume at least
to day aud tomorrow in the Argument.