New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-09-25
made as follows:
kentucky District f;
DISCHARGE OF JOHN II. sURRArT.

WASHINGTON, Sept. 4.-In the Criminal Court
this morning Judge Wyle discharged Surrait under the
statute OF limitation the indictment nOt having been found
within two years after the onenSe alleged to have
been committed. The Criminal Court having yesterday
sustained the demurrer Of the prosecution to the special
plea the defense Mr. Merrck today set up ~ bar OF
Judgment the Act OF 1922 statute of limitation claiming
that the indictment against Sunat was not FOUND WITHIN
TWO wears the time OF the commission OF the alleged
ofeise and hence the prisoner was emitted 20 hnal as
charge After argument both sides. Judge Wyhe said
that the indictment contained nVe several counts charg
Of March, 1865, and on other days IN.
teryening between that time and the
plea guilty generally n June last and that plea
remained record until the meeting OF this Court ITS
obtained permission 10 withdraw the plea 81 NOT guilty.
and filed special plea to enable nm TO plead 1ie eenent
nead Tor naron under the procamation gave him per-
mission withdraw the plea of not guilty, aud the
next day lie filed special plea that the amnesty proca
tr0n IN lis REPRESENTATIVE demurrcd plea Tho
is general demurrer for substantial detects In
the plea and for informally After two days Of ar,
gIIment on the issue, the Court animated
that it would sustain the demurrer, the
plea being bad. and the proclamation not APP
pcabe 10 the oense charged. This morning the eoun-
defense indicated that there was stu another
ground which the Court should take INTO consideration
in support the plea That that the oense charged
in The indictment was COMMITTEE more PH ct t%S years
Of April 3d. 1879, provides as follows; ,,.
or orr cSpa caense (wu murder excepted unless tho
or The same shall hs found sr.t I r0a three ys.
rtd nor person be prosecuted tried punished for
forfeiture under penal statute
ns hr indictment for the shalt be found
the time Of committing the onense
curing forfeiture aforesaid provided that nothing herein con.
shall extend persons fleeing Ron justice
Judge Wylie said The language Of this statute Is clear
ana strong. It is not possible 10 misundersdnd ~ inc
indictment found un more than two years after
the alleged Offcnse committed IL contains 10 aitr-
nation that during the Intervening period the ueienuat
has fed from justice. THIS Is fatal objection 10 inc
prosecution unless find it necessary by the rules
OF for the defendant to plead the dement, of the stat
ute by special plea After quoting legal authorities tue
Judge SAID that felt constrained IN THIS case, Win tho
whole record before him. to that Judgment must be
given for the defendant Mr.. Merriek asked that tho
Judgment be entered and the prisoner discharged Mr..
MerTick In reply to question informed by the Court
that the prisoner discharged Surratt. having been
congratulated by his reDdsetred The District Attorney
proposed II necessary TO prepare another indictment 10
meet the OF the Court Judge Wyle said that the
District Attorney could have SurTatt rearresed the
charge. The Court had judicial knowledge of Sur
rats absence from the country on the face OF the
cord IL appeared that the alleged crime committed
more than years ago II he could not be prose
cuted could he deprived OF life liberty under
the like that The Court had right Ia hold Sur
ball The District Attorney did not wish TO argue
against the decision, but, the subject OF great
practical Importance, he wanted 10 say Judge Wyie
here interrupted he gentleman by remarking that he
had announced his opinion and that therefore II was os
necessary for the gentleman to say anything more The
District Attorney then entered al appeal from the Geei
sioa OF the Court