, 1864-10-14
Court Proceedings.

to perform beef contract, was argued before the
Court and the case was given to the jury pa
pers submitted and charge made by the Court on
points of law pertaining to the nature of con-
tracts, &C., with directions to seal their verdict
if not agreed upon before the hour Of adjourn
ment The grand jury came in with certain in
dictments, and the Court adjourned at O. clock.
SATURDAY, 8th.-The jury in the case of Nc
Cogg, Us. Courtney, rendered verdict for Plain
tiff-$5OO and costs of suit. Notice given by
DefHs counsel of motion for a new trial. The
Court stated that the evenings session would be
appointed to hear motions in the indictments
returned by the grand jury against George H.
Porter, for the murder of Aaron Englander, on
the Sth day of August last Emil Bordeneau,
for the murder of John Selbie, on the 9th day of
August last; E. T. Beatty, for assault and bat
terry with attempt to kill David H. Anderson, on
the lst of October Court adjourned to half
past three.
AFTERNOON SESSION. N.-Long before the arrival
of the time set for the re-assembling of the
Court, the room was densely thronged by spec
tators, eager to witness the preliminary pro-
ceedings in relation to the murder cases. At
about o'clock the Sheriff and Marshal entered
the Court room, conducting the prisoners, who
took seats near their counsel At the request of
s. B. Fargo, Esq, Leopold Wolf, Esq, (of the
Portland Barr was appointed Assistant Prosecu-
tor on behalf of the Territory. Otis L. Bridges
r. and L. Jay S. Turney, Esqs., appeared for Por-
ter and Bordeneau. Motion by Defendants
counsel to quash both indictments, for causes
set forth which are substantially as follows -
The indictments do not show that the grand
jury were summoned from the Body of the First
Judicial District, but from and for Walla Walla
County; that the nature of the crime charged is
not definite, and is based upon the Statutes Of
the Territory, which do not distinctly define
what murder is The words "kill another" are
vague and uncertain another may refer to a
cor or horse, &C.; there is want of conscise-
ness in the reading, leaving it to inference
whether the pistol used was loaded or the JfUe
dollars, or T. S. America; a true copy of the in
dictment had not been served on Defendants
and was informal and insufficient; each of these
specifications was argued by Gen'l Bridges with
much force, technical appliance and acumen.
He insisted that it was not within the power of
the Court to infer the exact meaning of the
Statute, we must construe it as we find it; if it
was not vague and indefinite, then he did not
comprehend the plainest principle of hermenu-
tics; fit was to be left to inference, in an i'm
portant case like this where man is charged
with the highest penal oifense known to the
law, that inference should certainly 60 to the
benefit of the defendant Again; read the in
dictment; it says that grand jurors were inquir-
ing in and for the county Of Walla Walla, and
not for the District. This county is only por-
ton of the lst Judicial District. Look now at
the reading of the indictment; there is an erro-
neous opposition of the sentences; there is a
want of syntactical correctness. Who shall say
whether the pistol sloaded, or the f0e dollars.
Your Honor, perceive, smiles, but wish to be
regarded as a striet-hed Jurist in an important
matter like this. The English language must
be allowed to have its full force, effect and in
terpretaton GenI B. was followed by the
Prosecuting Attorney, Mr.. Fargo; who proceed
ed to show that there was no tangibility or sub
stance in the objections raised by the defense.
He remarked he would soon scatter to the winds
these "straws;" Gen. B., interrupting: They
are not straws, sir-.faets.] contended that the
county of Walla Walla was in the 1st Judicial
District, was to be understood in general and
not a local sense; going over the whole ground
urged by the defense, and quoting authority to
reconcile the points raised. Mr.. Wolff closed
on the part of the prosecution. By request we
publish his remarks, in part. He said;
"If the Court please-now that we have at
last arrived at the business really of import
ance to the Territory, There having been some
time taken up in a wordy battle between Mr..
Fargo and Mr. Dugan) we will proceed to the
enquiry upon the validity of this Indictment
Many objections are made by Defendants coun-
sci to the bill found by the grand jury against
Geo H. Porter, and shall do myself no injus-
tice if 1 disregard the greater part of the objec-
tiOns passing them over and treating them with
the silence friyolity ever deserves. But that
may not be charged with a cOntemptuous bear
ing toward the learned gentlemen who appear
for the defense, let us begin with the most I'M
portant point here raised What is it That
no sufficient or legal grand jurors were sworn to
enquire for the District
Gen'l Bridges argues that the indictment
should clearly show that the grand Jurors come
from the body of the District. He is in the
right, but unfortunately for his cause he wan
ders away from his position and loses himself in
the maze Of his own perplexities. So many are
the objections he makes in his motion to quash
this Indictment so tbieb are the technicalities
and subtleties he offers, that the only point Of
law truly worthy of consideration is by him for
gotten and neglected The counsel say it is not
sufficient to allege the grand jury come from the
county but we must aver they come from the
District. Yet does the Statute deny this posi-
ton. The statute provision upon this subject is
the same in principle with the established doc
trnes of this country and England, The Dis
tricts in this Territory by legislative enact
ments regulated and apportioned. Certain
counties form the composition of the respective
Districts Walla Walla is made one Of the
counties of the First Judicial District Of this
Territory, and is part and parcel of the Dis
trict, and therefore a necessary and ipdispensa-
BILE member of the body of the District Now
the Indictment renders the grand jury as from
the County of Walla Walla in the District afore-
said but does not read as that the grand jury
is from the body Of the District-it is not
avered in so many words. But let me refer the
gentleman to a law of this Territory, with which
they should be better acquainted than [ am, or
have a right to pretend. I refer to section l45,
page 3O8 of the Session Acts of l862-by which
this question is settled. In conformity with the
Act Of Congress, approved August 49, 1856, this
Io,, tLo Tarritorv (eO far the Jurisdiction of