The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-11-04
Natioaal @epahlita,l.
WEDNESDAY MORNING :.:NoygMBRR 1. isas.
LOCAL DEPARTMENT.

" mr: merfiok iot the hppeiiee W ui'his' hc
III. Bradley, o., said th,. the defendant %
term me statute organizing tho court gave
thia court the juridlction Of the old Circuit
Court OF q District Court, and also authorized
Court, II would then be necessary that the
,uristiiction Of the old Circuit Court should be
examined In order to ascertain the Iurisdic-
TO that statute In his argument.
This - an appeal from the judgment OF
Judge wylie austaining demurrer In a Grim.
an appeal by tho United states from the grim.
inal Court. The act which was the Pounds
tion Of the jurisdiction Of this court gave It
The act which gave that court appellate juris-
diotion over the old Criminal court gave It
only by"a writ OF error on final judgment
msaaorn' tststutes at Lsrge.J Now, Il was
well known that the appeal here was neither
ION final Judgment' nor on "a judgment con
nssnoI,b The Fight o. appeal ATOM on The part Of
the United States must DO given by statute, u
1t existed at all. But the only statute which
that appeal allowable only on Judgment Of
Judge GARTER wisnsd to know 4 the posi-.
except from final Judgment. -. !
MI. Bradley said they held that an appeal
was the exclusive right Of the defendant, aud
COul0 De mhue only On y JuuHment
MT. OarIingtcn having reviewed the pro
eeedings which took place In the Snrratt case
previous 70 Judge wylie's order disohsrsing
s on ne he Of sSs
me indiotmsnt wasiound more than two years
In the Indictment. He alluded with some as.
perity to the manner In which Surfatt had
been discharged, Notwithstanding the prose-
Judge Wyiis said that he had never heard
OF such motion made by any United States
attorney who knew his business. Since the
beginning OF the Government he qua not be
put man under arrest without affidavit
charging crime, upon the mere suggestion
or United States attorney ,,
quarrel with The justice about their reiatiye
htness for the posts they occupied, but he
shoSsht ina msd rnsm nSG Ws
unnecessary,
Judge Wylic, II was called Tor by most In
sultipg remsrk from hne So ~ L. Al,
to insult, but
Judge Cartier insisted that the District At.
torney should pursue the line 81 hs,argHment,
any member OF the court: -.--.
Mr.. Darlington, Have done so, your honori
ndse Gsrssp Th ns So ad 10 me is;e ,Jvo
on the bench IL wished 70 insult man. IL
would be where We Were Vim
the act OF March !, 1853, which authorized any
party sggrieved by any order, Judgment, or
decree made at any special term may, II the
same involve the merits o. the action or pro-
ceeding, appeal therefrom to the general term
OF the Supreme Court; He held that the Uni.
ted States was 70 party within the meaning
mined iu 9Th ferger, sos, and was sustained by
the elementary law lsid down 10 Blackstone
aud In Bonylers Law Dictionary.
md doubted
that the United Statss might be "a party' to
suit. ~ Was not necessary 70 quote Ben,
ylsr's Law Dictionary to oonYinee court Of
MT. Merriok said he would have admitted y
long ago, but he had been requested not 70
iutsrrupt the counsel . ,,,, ~.
mode OF argument should be offensive to any
member OF the court: He humbly hoped 70
diseharse his duty In the way ne thonsh'
mend the admiration OF Judge Wylie lie
preferred the approval OF his own conscience
Mr.. y. then proceeded to argue that the
which smith was srraigned was "a special
sermn within the meaning Of the statute. He
oootended that under the act estabiishing the
or more Justices sit, their session Is a genera
one. When one Of the justices held circuit
district, or q criminal court, the term held Il
ersi terms OF the sourt. The very terms o.
the law allowing an appeal from "any such
special term" was coneiuBlye as TO the ques
that Mr.: Riddle had been detained from The
argument OF this ease BY sickness.
Mr. Merrick said that the case was familiar
to the Court, but 1t was proper that he should
advert to It in order TO- correct an error intt
which the District. Attorney had fallen; ht
went into an examination OF the proceedings
noticing particularly that the second indict
ment against Sufrstt was louni while tht
first tor murder) was pending, ~ Nrst he
plead "not guilty" In his own person. Thu
Court soon afterwards adjourned the trial uu
iii September, and in the intermediate tint
himself and Mr.. Bradley had agreed to act ~
September his counsel, with the permissioI
OF the Court, Withdrew the plea OF "no
guiity,p and plead as a special plea "the am
1esty Of the PRESIDENT" TO this plea the prose
cution demurred. The Court intimated lat.
tain the demurrer. The result Of sustaining
the demurrer would have been either judg
ment OF responded ousfer, a sentence Of IN
prisoner without Jury ora trisli the latte
When the counsel ssne into court mex
morning the Judge asked the counsel for tn,
defence II they would withdraw their plea
saying at the same time that he would no
permit pleading aS1Iis eor tss license essts
10 Sdhere to the demurrer but as the demur
rer had opened up all the plesdipgs 80 tina
the court could go back through the pleading
to ascertain where the hrst isuit was maze
10 the fact that tho indictment charged U
offence 10 have been committed between tn
9th OF March and 18th OF April, 1902 and ina
the Indictment was found June is, lSOSi thu
Aprh 50, 100 Mr., Darlington had said tina
Ia his ruling on this statute the Judge IA
looked at the law, but not at the exception
and had infatuated that there wa. an oblignit