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

IHB LUSBY CASE-The MOI. Pros Question:
Ezctttng Scenes IN Court.-Mr. Bradley, one OF
the counsel for John +. Lusby, at the opening OF
the criminal court this morning stated to the
court he was informed bench warrant had
been ordered by the court against his client on
The charge OF having committed a rape upon
OctaVla Rosseau, and IL such was the case he
oHefed TO the court to bring his client at once
before him, AS he was not disposed to submit
him to the indignity of an arrest, as if he was
skuIking from Justice-moreover he conceived
this warrant could not properly issue: his client
having been already acquitted of the murder
OF octayia Rosseau, a charge which involved
substantially that for which the court now or
dered his re-arrest-and in this connection he
reminded the District Attorney that when the
verdict OF the jury was rendered on Friday
last OF not guilty, the District Attorney had di.
rected in open court a nolle proseQ vi to be en-.
tered in this charge of rape, and the prisoner
was not discharged until the court granted a
unless there were other charges against hun
and now at this time he called upon the Dis
trlct Attorney to make good his pre- yious order
as ~ al peared the clerk had omitted to enter il
on the day 1t was made.
MI Darlington, the District Attorney, said
that Lusby was tried before Judge Fisher upon
outrage upon Octavie Rousseau, and dis
charged. 1t being supposed that additional
evidence was discovered against him, he was
indicted, and after long and careful in yesti-
CATION of the whole case, cond ucted with great
abillfy by the council On both sides, IL took no
part in 1.-THE Assistant District Attorney and
Mr: fhlllips conducting it, he was acquitted
6y an honest and unusually intelligent jury
Upon this state Of facts 1 think it my duty to
enter noile proseqm In the case for the fol-
lowing reaS ms
the same trinaction, and it would be practi.
cally II not techinally trying a man twice for
the same offence. 1thnk the lesser is merged
: in the greater offence.
Second. Because one court and intelligent
/ jury have said that he was not guilty of the
murder. The man who committed the rape
committed the murder. The jury, by their YER
dict, say That Lusby ID not the man who com.
mltttd the murder, and in saying that they by
implication say that he is not the man who
committed the rape.
jury We're right. Entertaining these views, I
cannot conscientiously prosecute Lusby
any further But i understand your Honor
20 nOta tue opinion that the District
Attorney has not the power TO enter a ,,olle
lrosequi without permission of the Court
regret exceedingly TO differ with your honor
upon question OF law-I may be wrong and
you may be right will ask your honor TO
examine the law upon this subject and think
you will find that you are mistaken 1t is the
duly OF The prosecuting officer TO prepare his
cases and TO prosecute them. and of the Court
10 decide the law relating to them when
brought before Ii.
The District Attorney can and generally does
conshit the court. but the responsibility rests
upon him to determine-and Il is his dutyrto
dett Tmine-whether or not he should prosec u te
party. Suppose the District Attorney is sat.
isf1s q tnat party is innocent. Is he bound TO
prosecute him against bis convictions of right
and justice, and urge jury to convict him be-
cause Judge tells him TO do i'll Ii So an honest
man would be unwilling to hold the once Of
District Attorney. i wish to do right but
shall not be forced to do violence to my con-
science for any consideration.
Your honor is doubtless aware that by a re.
cent act OF Congress it is made the duty of the
Attorney General to direct and controie the u.
s. District Attorneys in the discharge of their
Official duties. So long as that law remains
upon the statute book can recognize no other
| commanding officer except the President of the
| United States, who is also in vested bv law
with certain powers over District Attorneys.
II the Attorney General orders me to prose IN te
Lusby further, will then do what I belle We
to berieht.
| The Court-All have to saw to that Mr..
1 Darlington, is this Mr.. Middleton fclerk) 10.
| sue the bench warrant T n
The Court then proceeded to remark that he
| bad no doubt that counsel for the prosecution,
as well as counsel for tina defense, were en-
| tirely controlled In this matter by what each
| considered TO he his duty in. the premises. He
mist however, confess that where the most
shocking and horrible crime had been perpe-
frafed, II was' most extraordinary that the of
| fender could not be broush hit to justice 1t was
not the provnce of the Court to decide upon
qGesiions Of tact, and he voeld not in wade the
jury box fasas TO do this. but he I'd not con-
Ceiye that IL WAS transrendinu his duty