The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1868-10-03
JOHN H. sURRATT.
His Final Discharge and Release
from Custody.

WAsHINGTcE, September 24-In the
Criminal Court this morning Judge Wylie
discharged Surratt under the statute Of limi-
tation, the Indictment not having been
found within two years after the Ofense was
alleged to have been committed The Grim
inal Court having yesterday sustained the
demurrer of the prosecution to the special
plea Of the defense, Mr.. Merrick to~day set |
up In bar of judgment the act Of 1899, |
statute Of limitation, claiming that the in |
dictment against Surratt was not found /
within two years from the time Of the com |
mission Of the alleged offense, and hence |
the prisoner was entitled to final discharge !
After argument on both sides, Judge Wylie |
said that the Indictment contained FIVE sew
eral counts, charging that the offense was
committed on the 9th of March, 1865, and
on other DAYS Intervening between that time
and the 18th of April of the same year. The
defendant entered plea of not guilty gen
orally, In June last and that plea remained
on record until the meeting Of this Court, at
its adjourned term, several days ago, when
he asked and obtained permission to with
draw the plea Of mot guilty" and fled
special plea to enable him to plead the benefit
Of the proclamation of pardon and amnesty.
The Court, considering that he never before
had an opportunity TO plead for pardon
under the proclamation, gave him permits
sion to withdraw the plea of not guilty"
and the next day he filed a special plea that
the amnesty proclamation was applicable to
| his case The Government, through its
| representative, demurred to this plea. The
! demurrer is a General demurrer for sub
! stantial defects in the plea, and not for in
! formality. After two days of argument on
the issue, the Court intimated that it
| would sustain the demurrer, the plea being
! bad, and the proclamation not applicable to
/ the offense charged. This morning the
counsel for the defense indicated that there
WIS still another ground which the Court
| should take into consideration in support of
/ the plea That was, that the offense charged
| in the Indictment was committed more than
two years before the Indictment was found
| The act of Congress of April 30, 1879, pro-
vides as follows:
d" No person or persons shall be prosecu-
| ted, tried, or punished for treason or other
capital ofense (wilful murder or forgery ex-
! cepted) unless the Indictment for the same
shall be found by grand jury within three
years next after the treason or capital Of
Tense aforesaid shall be done or committed,
! nor shall any person be prosecuted tried or
punished for any offense not capital, nor for
any fine or forfeiture under any penal stat
ute, unless the Indictment or information
for the same shall be found or instituted
! within two years from the time Of commit
ting the offense, or mourning the fine or for
fixture aforesaid provided that nothing
herein contained shall extend to any person
or persons fleeing from justice
Judge Wylie said The language of this
statute is clear and strong 1t is not posi-
bic to misunderstood it. The Indictment
was not found until more than two years af
ter the alleged ofense was committed II
contains no affirmation that during the inter
vening period the defendant-has fed from
Justice. This Is a fatal objection to the prose
cution unless we find it was necessary by
the rules of law for the defendant to plead
the benefit of the statute by special plea.
After quoting legal authorities, the
Judge said that he felt constrained in
this case, with the whole record before him,
to say that judgment must be given for the
defendant Mr.. Merrick asked that the iudg-
ment be entered and the prisoner discharged.
Mr.. Merrick, in reply to question, was in
formed by the Court that the prisoner was
discharged. Surratt having been congratu-
lated by his friends, retired The District
Attorney proposed, If necessary, to prepare
another Indictment to meet the views of the
Court Judge Wylie said that the District
Attorney could have Surratt rearrested on
the charge The Court had no judicia
knowledge of Surratts absense from the
country. On the face Of the record it ap
peared that the alleged crime was committed
more than two years ago If so he could
not be prosecuted, no man could be de
prived of life or liberty under the statute
like that The Court had no right to hold
Surratt to bail The District Attorney die
not wish to argue against the decision, but
as the subject was of great practical i'm
portanee, he wanted to say Judge Wyit
here interrupted the gentleman by remark
ing that he had announced his opinion anC
that therefore it was not necessary for tht
gentleman to say anything more. Thc
District Attorney then entered an appea
from the decision of the Court
West Point, since its establishment, OIL
March Is, 1902, has admitted 1902 cadets
of whom 22lO were graduated. The tota
appropriations for the Academy for the pc
Rod of sixty-six years have amounted t.
$500, 339 This includes the cost of tn
grounds, improvements and educational ar
/ paratus, we'll as the pay Of the professor
and the subsistence of the cadets.
Cotton Market
Y