Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1864-10-27
M. NJ. RAY.
SECOND SESSION.
COURT ROOM, lSDIANAPoLIs, ND,
Oct 9TH 1864 IL o'clock

Oct. 9TH. 1864, IL o'clock A. NJ. !
The Commission met pursuant 10 adjournment
The same members present as at the morning ses-
sion. Also, the Judge Advocate and the counsel for
the accused.
The Judge Advocate then addressed the Commits
sion as follows:
The accused, Harrison II. Dodd, having made his
escape, as announced at the first session to-day,
on the evidence already before them to their finding
and sentence and though it may be the course may
ask the Commission 70 pursue think it best 70 re-
commend that the Commission adjourn tall such
time they think best In the meantime, viii
prepare the papers against some OF TIE prisoners
with which we may proceed, allowing the present
to remain for the time IN its present condi-
tion-
The law, so far as have been able to examine the
decisions in the United States Reports and the Re-
ports of the States of New York, Indiana Alabama.
Arkansas, and of the Ohio Reports ali go this
extent: that where prisoner, by his own default is
not present to receive the verdict of the Jury and the
sentence of the Court. valves, by his act, the
constitutional right which he had that he could not
again be put in jeopardy of life limb; but having,
by his own act deprived himself of that privilege he
may again be put upon trial for the same offense.
Cf, as the law expresses H. there was lroin me be-
real jeopardy. because he may, from the beginning,
have had intent to escape before the sentence Of
the law could act upon him. The civil decisions say
further, that while he has deprived himself of that
privilege, yet general rule the curt cannot pro-
coed to sentence, the Jury to give verdict be-
cause he may have the privilege of polIng the jury
1t is OF the rights OF the accused 10 make clNm
or plea to the Court and his presence is necessary
teece. Late decisions, however, by the SUPREME
Court of this State, and also the Supreme Court of
Ohio go to the extent that if person of his own de-
fault is not present TO receive the verdict of the Jury
and the sentence OF the Court, yet the Court Tusy
receive the verdict Of the jury and give sentence
apprehend, therefore. that this reasoning would hold
with greater force before Court Martial or Military
Commission, for the reason that in Court Martial or
Military Commission the accused is never present
when the Court proceed 10 their ndcg and sentence
The moment say to the Commission, s'The eyi-
deDce on behalf OF the Government is closed the
accused may introduce evidence to rebut that which
has been introduced on the part of the prosecution;
or he may waive that privilege and present his
defense IN the shape Of an address. called "The
Address OF the Accused and given under oath
or otherwise, ana which may be received
by the Court in extenuation or mitigation
Of his sentence But il, for any reason, the accused
abandons his cause, and fails to rebut the evidence
produced on the part of the Government, he valves
his right of address; in other words he says 81 have
no defense" The Court then proceeds to close the
doors to deliberate on the finding and sentence |
do not why such course could not be pursued
in strict accordance with AM Justice and the
due observance of military law
b make these suggestions at this time that the
gentlemen engaged as counsel for the accused may
be made aware OF what may be claimed in the prom
Uses the part of the Government
] ask the Commission to adjourn 20 such time
they may deem best.
The Commission, after deliberstion, adjourned TO
meet On Thursday October 3 1864, at O'Clock p. N.