Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-07-22
LOCAL NEWS.
The Willard Hote Robbery Case-Decision
...a Of Justice Miller.


The Willard Hote Robbery Case-Decision
...# Of Justice Miller.
In the case of Hon. Jas M. Tomeny, charged
with abet,ing in the robbery Of Mr.. Roberts
room, in Wizards Hotel, tthe case has here
tofore been repor ted in the Star1 Justice Mill
ler this morning rendered the following de-
cislon, dis missing the case against the accused
The United States ss. james N Tomeny.-
case comes before me on an affidavit made on
the l1th day of July, 1867, by Edwi b. Rob-
erts, resident Of the county OF Coahoma,
Mississippi. In said afida Wit it is alleged that
on OF about the first day OF June. 1866, James
State Of Tennessee, did feloniously and ma
liciously incite, move, counsel, hire and pro-
cure, aid, abet and Command one Warren Oar
day Of June, 1866, to break and enter the room
Of said Roberts, at Wizards Hotel, in the city
Of Washington and District Of Columbia, and
to steal, take and carry away therefrom cer-
sistlng Of afiidavits Of sundry persons, and
vouchers for stores and supplies furnished to
the army, alleged to be OF the value OF about
fifteen hundred dollars, the property OF the
said Roberts. ..tt.
do not propose to -sview In detail the tes-
ttmony In this case. l shall simply state with
the greatest possible brevity my understanding
Roberts. the prosee uting witness, testifies to
the fact that the robb ~ was committed at the
time and place stated in said affidavit. Be-
yond this he knows but little OF the case ex.
cept as derived from others.
The purport OF the testimony OF Carpenter.
the other witness for the prosecution, is, that
at the City Of Mobile. in the State OF Alabama,
in the month OF June. 1866, Tomeny, through
one Rockwell, induced him. by promising a
consideration. to make an effort to steal GER
tain of the papers belonging to said Roberts,
contained in the said box, then at the Battle
ping; that he failed in the accomplishment OF
his said purpose there; that Roberts subse-
quently left for Washington, and that witness
came on to this city with one Dubois. and oth-
ers, and here committed the crime
He ALEC testihes that he received sundry sums
Of money from Du Bos, Tomeny, and one
Tomiinson, and that he handed the stolen pa.
pers to Tomeny. He further testifies that he
was induced TO come on here as a witness, on
the assurance that il he turned States eyi.
dence it would make Tomeny guilty, and he
would thereby escape prosecution.
Edgar M Tomlinson, witt ess for the de.
fence, who stands unlmpeached, testifles that
he is we'll acquainted with the character of
Carpenter for truth and yeracity, that it is
very bad, and tha. he would not believe him
on oatn And even Roberts, the prosecutor him
self, on cross-exasaination, testifies that the
general character Of Carpenter for truth and
veracity is bad, and that he can be induced to
swear falsely. Tomlinson, too, contradicts,
distinctly and specifically. most, II not all, OF
the material statsments OF Carpenter. This
testimony. in connection with the admission
OF Carpenter that ha was induced to turn
90 doing. he would secure for himeelf an
immunity from prosecution, together with the
1act that his statements are uncerreborated,
leads me TO diScredit his testimony
The accused, too, has established in this
investigation the most unexceptionable char
acter for honesty. probity, and integrity both
as public man and private citizen, by the
testimony Of honorable gentlemen occuDvinp
the highest place in the Councils Of the Nation,
and by others whose veracity Is beyond ques.
tioD, some of whom have known him from
early infancy.
In view, therefore, Of the facts OF this case,
as disclosed by the testimony, am clearly OF
opinion that there is no reasonable ground for
belief that the accused is guilty OF the crime
with which he IL charged.
The question OF my jurisdiction in this case
has been elabOrately discussed by the learned
gentlemen representing both the prosecution
and the defense. 1t might, therefore, be expected
The crime with which the prisoner is charged
is alleged TO have beer commltred by him, in the
State Of Alabama, and he Is charged as an
accessory before the fact.
Under these circumstances the Courts of the
District of Columbia, have not, in my judge
ment any jurisdiction to try the accused; and
that being the case have no jurisdiction, as
an examining Court, TO commit or hold him to
bail tor trial in this District. The elementary
books, as well as the adjudged cases, would
seem TO be clearly decisive Of this question.
The case OF the people vs.. Adams, q Denio,
100; ! Comstock, 173,) cited by the learned
counsel for the prosecution; is not. in my
opinion, case in point to support the prose-
ton. In that case. Adams, who was q citizen
OF the state OF Ohio, was indicted in the City
Of New York, for obtaining large sum OF
money from hrm in that city, by means of
fictitious receipts signed by a forwarder in
Ohio. falsely acknowledging the delivery to
uee OF and subject to the order OF said firm.
These receipts, drawn and sgusd in Ohio,
were presented in New York, by agents who
had no kpewledee OF the fraud, employed by
in he thn
case turned npon the point that Adams, hav.
ing employed innocent agents to consummate
the crime in New York, was guilty as q prin-
ciPoh there being no other guilty pers on to
whose crime his acts could be accessoriaI.
And being guilty as principal, he was liable
to prosecution in the place mhere the crime lcas
contaminated, though not present. nor even
within the general jurisdiction OF the Stats
That case Is not like the one before me.
Carpenter, who consummated the crime in
this case, was not an innocent agent, il an
agent at all. He is, therefore, the principal.
The prisoner is discbarged
THB NATIONALS VICTORIOUS AT LOUIS.
VILE, kY.-The most exciting and interesting
game OF base ball OF the season was played al
Cedar Hill Park yesterday, between the Ma.
tional Club, Of Washington city, and the Lou.
isville Club, Of this city. The fame Of the Ma.
tonals bad preceded them, and not little Gu
riosity was manifested to SEE the celebrated
players. They are as fine q body OF young
men, physically speaking. as one generally
sees assembled for Held sports. They look the
picture OF health and good nature. while their
extraordinary strength, activity, and precision
make them exceedingly tough customers to
handle. We might cite several instances OF
what we should call pure bad luck. which
befell the Louisville club, but it might be taken
for i'll nature on our part.
The following is the summary:
LOUISVILLE CLUB. NATIONAL CLUB
0. X. O. r.
Cornwall, 8 b...3 3 Parker, c.f...U 10
Robinson, L..l,f2 Williams, p.....s S
Tracy, c.........1 Wright, ABA IL