The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-05-31

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The Notion IN Arrest Of Judgm.nt De-
fenced On Friday.
UEIrKD STATES CIRCUIT COURT.
Hon. judges Neson Chisf Jusaos and smslsy presiding
NAY so.-Is As xaa~ Of ALBERT ". Bscks, aisas Wsa
JeAassn Obsvsetsd Of Pssy mo dense
y crowded ths morning, a.d tue prisoner wss, usual
brought in hasdounsd BY deputies DsApsss and Dugsa.
Judge smaley proceeded 70 deliver the decision Of The
Court which he overruled the objscsoas Of The pri
soner COUNSEL and directed thai Hcks should DO brought
~ for sentence on Fricsy next
The said There various objections made 70
the sufceDcy Of the Indictment, and the nrst u, THAI
The hrst count does not sege that the offence
The scs II Congress uncer which this indictment n
brought required that would be fatal objection. The
sct Of l7se ald require tina, this offence should be
mtied Out Of the jurisdiction OF particular Ssto; but
but hs act Of the ib,h u nsy 1890 under whon tho
spoDosns Was indicted, that provision, evidently
has that provision should be omitted . certain
csss Of cases perhsps 70 give the federal and State
shall upon the high seas or in open or
cay haven basin or bay OF in any river where the sea
GIBBS and flows, commit the crime Of robosry
sn.rof, such person sh.n be .,judssd 70 BE- :
pirate, ana being thereof convicted before Tho
Srce Cus o. Toe United Ss.ss or ne ds,ios u winch
suffer death" fben comes tins prevso-"Proviasd that
nobDs In this section snail DO construed 70 deprive any
-,
wbtn committed within the boundary oil . county or
otherwwe be OF the United states try any
onsDosr ssr the conviction or scqa.,a for the same Of
i.Dce 10 . Sale court" Now the object or this proviso
~oulo ssem 70 DO twofod gives the court concurrent
jurisdiction IN certain ses vim the STATE courts; ana
provides further that man shall not respond twoe-
amply 10 proven the accused from being uied twios for
the same ofence-once In . State oourt and ooce In .
sceral court Then the objection . raised thai this ID
fore, ought be enforced. That infringe mont
upon the stste rights and the nate Jurisdiction, and
raj COURT TO co Perhaps two three answers might
veil be given TO that obecson and far the cxami-
patton OF cout sci AMI the examination Of the Court hes
srabso the 70 ssoertsin thh qoeson e 70 The const
tu,opsy Of the OF the LIST Of Nay, 1870, although
bss been the statute books forty years has
alton % The Of the federal ooufS ana having
been acted upon for series Of years, strong evidences
that MAS vihin the power Of Congress- Bui ths ques-
cases ssss The power of CoDersss than ne present one
In the In l2h Peters the United States Conbs,
the 9ueskn has been decided HIS honor here rad q
Trial for felony against Combs for stealing property
from Cd vessel wrecked on Rockawsy beach. Ahsr
very obv,oos tbsi i that dssison b law, and
certainly DO for tbh Court and that CAngro has
power 70 punsn Offences committed on land under that
cation hst hes power robberos upsu the waters
where the Gibbs and flows, although The harbor or
quite clear from tbe dechion have referred TO- that
this ground OF the motion In arrest not sustaned Tue
second objecton raised That there no locston OF the
oneDoe; that the Indictment states simply upoo tho high
seas" bat that not tell what portion OF the high
sees In offences Of this KIND DO nos why they
should docs aleee that within the jursdiction
The United States, and does alege hati within the
juso cton Of the Court Besides, this express question
was decided BY Judge Story IN TIE case Un.eo States
W. Gilbert, reyCrted In ID Sumner, In which case
the Court held the Indictment 10 be sufficient The
pext objecsion In that the second count docs not
alese the offence 70 have been committed upon
obtecuon already answered, and viii be seen thu n
the meaning OF the oct 70 embrace the lower bay,
any river, bay basin roadssad whore the ude sbbs
ano Bowa fhs same objectsoe was abo raised IN that
case In I'd Sumner, that raised 10 the second count
here; The words not Definite and there language
70 connect Il with The nrst count That there
show that . second count 70 aecs Il with
The oTst Now, that he's been decided N soma i've OF
sx cases where the irdcsmsns for piracy, and IN
. reported in eth whcason, The Court says "Each
nDohg coc forns 70 any one Of them which win In sslf
support the VERDICT n sufossnt 10 give Judgment
Another objection made 70 the second count, hat
does Rot define where The lower bay a New
jscsson rssher ovs,sss,nsd, and haa 10 nos neoss
sary 10 define the lower bay Of New York nsy may
well require the prosecution 10 define where the Atlantic
Ocean b. % 70 Wk IN The eouihsrn district OF new York
The sdms Any jursd;son q hs oosrs ana q u. Ussa
s4st<a were wo< that there w. ths &C.
70 show that there three four places called the
lover bay Of New York. then would become impovtAn,
70 know which, snd there might be soas Strength In shs
obecuop and - the pvesdDs Judge sugsssts hs obsc
TIM should then be taken The TRIAL. Therefore,, fos
tbsse rsasops, The Doton IN arrest b ovsrrud
8 Asepcs hereafter viii ~ Rfvea
NJ Dwight ssksd NE Cours 70 sans day for ~
n o.srsEIss Ne priss.sr b. rs.asAsa ssn n.y.
Hisis We sAss rnevs1.