Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-10-23

tuuts iOT instance, OF TdRt auu m
quittal upon the latter charge served as bar
against prosecution for the minor onense OF
rape. he claimed that il did not. IL might
very well occur that jury might see proper 70
acquit a man upon the charge of murder, whicn
murder was caused by rape, for the reason that
they could discover no malice, and nothing
upon which to found even a verdict OF man
slaughter; bnt while 30 acquitting him on that
charge have it understood that they left the
prisoner to take the consequences Of the other
charge Of rape.
verdict Of not guilty on a charge of murder,
where they would not in the case Of rape By
a conviction for murder the criminal forfeited
his life, and in such cases juries were very apt
10 be suspicious of circumstantial or presutnp-
tive evidence, and not give it its proper weight
which they would In all probability do in the
Gaze of a minor offense. .. T. E. =
The Court remarked further that Il did not
know as it ought to say any thing as to what
took place in the jury box, but he felt called
upon Just here TO censnre such an indecent
exhibition was witnessed during the trial, of
the jurors in the box kissing when a witness
was making his statement by the permission of
thr Court
TThe scene to which the Court has reference
Occurred when VIM. p. Wood was called by
the defense, and before taking the stand he in
dulRed in some personal reflections upon MIR
Bradley, one Of the prisoners counsel, because
he had questioned his competency to testify,
and added, In a loud lone of voice, as he was
understood by by ISLANDERS, something TO this
effect: He aSowed he was not Christian who
sat once a week in a little box two feet by eight
TO listen to q man expound the ospeL, and all
the week INDUCED himself in all the vices and
pleasures of the world-men who, if Jesus
Christ, whom they call their Saviour, were to
come on the earth, would denounce him as a
hypocrife or an imposter; at which there was
an audible hiss from the direction Of the jury.
in justice TO the jury, il ought be said MT
Wood was not at the time testifying, but was
stating to the Court his reasons why he did not
want TO be put on the stand again.
The Court proceeded to express regret that
he Gid check and punisl. nv a fine the
ties guilty of this indecent conduct. Again, at
tacks had been made upon officers of the law,
who had been doing nothing but their duty
They had been denounced as felons and Gull
prits, simply for seeking to protect their fami-
lies and children. from the most horrible out
RACES. If this kind Of denunciation was to be
sustained by juries, we might as well close the
doors of the Halls of Justice.
The District Attorney trust your Honor
will not understand me as expressing the opin-
ion that We have no legal right to try the prs-
oner upon the otner charge against him, to wit :
that of rape. The point with me is, whether
under all the circumstances of the case, con-
sulting my conscience on the subject IL would
be proper TO prosecute the prisoner further.
The Court will see, Mr.. Darlington,
whether my conscience agrees with yours to-
Mr.. Bradley.-lf your Honor please; 1 am
| simply here in the discharge of my profession
al duty and not to answer any reflections cast
u .on me by your Honor.
| The Ccurt.-No reflection, sir.
Mr.. Bradley-Without saying anything on
| that point sir, I wish to enquire if your Honor
requires that the prisoner shall be broug ht in
| and confined IN prison until Tomorrow In
| obedience to the order of your Honor to have a
| Bench warrant issued, we have sent for him
| with view to surrender him to the proper Of
| ficers. desire him 10 add. however, that if
he is surrendered o-day, and as your Honor
has minated you will not be prepared TO dis
pose of this motion until tomorrow, he will
have to be confined in Jail, and subject to all
the Inconvenience of such deprivations of his
liberty until such time, at least, as this motion
| is disposed OF, and we, therefore, wish to know
whether there Is any method which the re-
quirement of the Court can be complied with
without this necessity.
The Court.-No other way than for him to
come on and offer TO give bail.
Mr.. Bradley.-Win your Homer fix the
amount Of bail! He is a poor man. sir.
The Court do not know how the prisoner
is circumstanced pecuniarily.
Mr.. Bradley.-There may be some one in
court who knows what his circumstances are
Mr.. Langley. "a juror. IL know the fact, may
IL please your Honor.
The Court--How is lit
Mr.. Langley.-He is quite a Door man
The Court will require s2,O 600 bail.
Mr.. Bradley:-We Will endeayor to secure
The Court.-Now, Mr.. Darlington, should
like to know what is the precise nature of your
motion.
Mr.. Carrington.-I move to enter a nole pros
in the case.
Mr.. Bradley.-we call upon the District At
,hrney to fulfil the promise made to US on
Friday. -
The Court.-If your view of your duty IL cor
rect Your motion is improper. You can order
not!e pros. in defiance OF the wishes OF the
Court.
The District Attorney.-It is generally done
in open court, your Honor. 80.
The Court.-You can give your order to the
upon that being done the Court will direct the
clerk not to obey the order, and then formally
dispose OF the matter o-morrow morning.
Mr.. Bradley.-We desire that the prisoner
or nf oil frxr in,
this matter. We understand the order of the
District Attorney Will be given now of Fri
day last That is the time he in fact gave the
order as counsel on both sides agree
The Court.-No, the order cannot be so given
The record of that date does not show any such
proceedings. The court is to be controlled by
the record and not by the memory OF counsel.
Mr.. Bradley.-We clam that il was purely
through clerical omission that the motion
was not entered on Friday last
Nv Inc he C0nrtwthsre could De no motion made
MI Fendall-I desire, il your Honor please,
10 make this statement, Just after the verdict
had been rendered addressed the District At
torney, and asked him If, in the other case
that OF rape-a mol. pros. vas to oe entered He
said Yes" and then, as 1 understood il, moy-
ed the court TO that effect 1 then arose and
said, may it please your Honor, presume if
there is no other chOrge against the prisoner,
as believe there is not mol. pros. ha wing been
entered in that of rape, he can now be dis
charged. Your Honor said "certainly," and
then ordered his discharge. =.
The Court.-The Court was not aware there
was any charge against the prisoner excepting
the one upon which he was tried, until the fol-
lowing morning. If the Court had given any
snch order rs you state, il would have been
under that Misrepresentation, and therefore il
would have been reconsidered Immediately
upon his receiving information of the facts
The District Attorney.-Just here wish to
make an inquiry of the Court. DO under
stand your Honor TO say that an officer should
obey an improper order of his commanding Of
ncer MY view il that man of honor, If he
receives from his commanding off Ger an order
winch he cannot conscientiously obey, he
should resign his position.
The Court-When a man cannot conscien-
dously perform the duties Of his office, he ought
TO abandon the Office. II it should turn ont
thata nolle pros. cannot be entered by the DIS
trict Attorney in any case except by permis-
sion OF the Court that being question of law,
no district attorney can have any conscience
on The subject. He must obey. 1t is hi. sworn
duty to perform, not only his duty to the Gov
eminent, but TO the Court. He must respect
the decisions of the Court upon a question of
law, and If be cannot respect such decisions
then there is no other alternative left for him
but to surrender his Office .rI... ......I|-
Lusby appeared in court during the morn
hnfF folra