Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1868-09-24
HIS DISCHARGE FROM CUSTODY.


HIS DISCHARGE FROM CUSTODY.
WASHINGTON, Sept. 24.-Thc trial Of John
Il. Suratt was resumed in the Criminal
Court, before Judge Wylic, this morning, at
| 10 0 clock. -
The Court yesterday having sustained the
demurrer of the prosecution to the special plea
of the Defence Mr. Mcrrick, to day, entered an
amended, plea setting forth, in bar of judg-
ment, the act Of l790-the statute elimination,
and claiming that the Indictment against Sur
raft was not found within two years from the
| time of the commission Of the alleged offence
and herein the prisoner was entitled to final
discharge. "
The plea caused considerable discussion
among the counsel on both sides Messrs. Nler-
rick and Bradley, ijr., for the defence, and
Darlington, Wilson and Riddle for the pose
cution.
After two hours consumed in discussion,
Judge Wylie delivered his opinion, dlScharg-
ing the prisoner from custody under the act of
Congress of the 18th Of April, 1899, cited by
Mr.. Mcrrick, which states ''that no person or
persons shall be prosecuted tried Or punished
for treason, &C., unless the Indictment be found
within two years after the offence is commit
ted, " Sc. The language Of the law he claimed
was clear and explicit, and therefore he sus-
tanned the plea Of defendant, and ordered the
discharge OF Suratt from custody.
Mr. Mcrrick asked that the judgment Of the
Court be entered and the prisoner discharged
District Attorney Darlington asked as this
was very important question of law, that it
be certified TO the Court IN Junc. lie suppoS
ed new Indictment could be found at the mex t
term Of the Court.
Judge WyIie replied that he was not in The
habit OF certifying to another Court He &C.
cided for himself upon the questions before
him. II the gentleman wanted to go there he
could do SO on appeal.
The District Attorney asked whether on q
question Of law in criminal prosecution he had
not the right Of appeal
Judge Wylic replied that that was for the
gentleman to determine
Mr.. Mcrricls in reply to question vas in-
formed by the Court that the prisoner vas dis
charged
The District Attorney said lie proposed, if
necessary, to prepare another Indictment to
meet the views OF the Court.
Judge Wylie said that the District Attorney
could have Surratt ro-arrcsted on charges when
the Grand jury shall again sit. The Court had
DO judicial knowledge that Sur?att had been
absent from the country, and on the face Of the
record it appeared that the alleged crime was
committed more than two years ago. II so he
c0ul;! not be prosecuted. No man could be
deprived Of life Or liberty under statute in
that manner The Court had no right to hold
Surratt to BAIL
The District Attorney said he did not wish
to argue against the decision Of the Court, but
as the subject gas Of great political Importance
he wanted to say
Judge Wyio interrupted the gentleman, by
remarking that he had announced his decision,
and therefore it was not necessary for the
gentleman to sag anything more.
The District Attorney then entered an appeal
from the decision OF the Court, AMI the Court
adjourned
When Surratt vas discharged he was warm
" congratulated by his friends VINO were pre-
sent. Mr. Mcrrick Was also warmly congrat
TlatCI