New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-07-01

,eadv shawn bv nresentment or Indictment OF Grand
jury And as the Court OF Sessions nrocess ~ law
over tile charge Of forgery in the third degree aga
the prisonertor which crime he is sentenced- neces
ri foiioys that the Court had not jurisdicton And
the same clause Of the Constitution which makes pre-
sentiment or Indictment the only due process or opan
/ inc inrisdlctun over an Infamous crime, pro
| vdes that no person shall DO deprived s Sa SI
| Has The Judgment recorded against the prisoner
any force or effect in lawi was II maj luuetoi "a
defined nv Backsone TO be the sentence OF the law Pr
nounced BY the court upon me mdRr eo n"ea an the
record q Conn., 1851. There ~ no matter 9rgery
record I'm tbis case upon which sentence Tor IoihS
could possibly be pronounced, and in that resPt nto1
proceeding essentially wanting In the iega h Latin
~ n Judgment The word final comes from tne 20 -
mis- an end and the term final judgment p{ end Of
{t literal slgnIfcaton implies Judgment az tne o ~
legal proceedings Here there were no proceedink
ever TO which the pretended judgement ds naked
or fitting conclusion. Inc sehteeneo hsSore IL 10
solitary and alone, with nothing DelO nvsa wa,
justify its being passed; no c sTeh he no sucI
thing as court OF competent 1urlsdleiOh ~ ~ Ione
go s Uben ord Hobart was Chief Justice OF the Con-
mon Pleas OF England that a cause Juuteu ~ I'll and
That hath no jurisdiction q mG ea sI The Court had
no Jurisdiction Of hig cause, because theIo I'D tho
presentment or indictment Dy E,"no i I way All
Court could not get jurisdiction ~ NY oo ia
fine Jurisdiction OF the Court Of General sessions 10 - M
from statute Its sole jurisdiction 10 uS them accord
the words of the statute ITSELF TO pulsn men ,ot
ina 10 lac: aud IL has no JurlsdIcI4u ~ p,s' this
SontaGo' II would not even DO within the power
of the Legislature to confer up0hhly IoulL Snch n
ma "A
wouId he i'm violation OF natural right ana OF
Inc Constitutions and void, 40 Hho III inc ueol' 20,
sons could lawfully pLThUuncg iS had not been con-
yiced then the Court, with equal propie,y ibu
sentence any other man Tor an onense ol pchIm fnr
not been convicted. III II cOud sentence hStonu W
forgcry Of which he had not been fouhd guilty. 'uc ~
might just well sentence ms bAceonSy Wv =,
for mansaughter 10 imprisonment Tor ne II We f
would be legal foundation Tor inc sentence "a li
more was there iegh ioTnS yrr Saubt thai
Gov Hoffman could be rescued, legally from
ment 50 imposed or Mould SS.iia,o any issue issSe
writ Of habeds corpus TO release MN IRON
such confinement But it is said that y the prisoner
was not convicted OF fofgery he was convicted Of some
thing else that he did plead guilty to an Indictment lU
utteriug and publishing certain false INSTRUMENTS IA
writing The fact that the prisoner pleaded guilty 10 an
Indictment charging different Oiense has no bearing on
this case. confession will extend no turther thah -
the facts charged In the ufOrmaOn therefore, II the
oeuse be not brought by the information within the act
Gcfendauts confession will not make conviction good
NEilanss Notes to Saunders vol l. y. 262 Aud IN Rex
agt latte, Burr COG, upon when the note OF Nhhhs
was unaDnousy 0uashed by the Kings Bench, on the
ground that confession extends no further thhn 10 tne
facts charged and the facts charged not sufficient
to constitute an oense under the statute Lord Mans
field In that case, remarked that Convictions ought To
be taken strictly and It reasonable that they SHOULD De
So because they must taken to be true against the
defendant and therefore ought TO De construed WIN
strctness" And will 1t he seriously eonended that
conycuon OF one ofense will justify sentence for df
fercnt oTensei II so, then conviction OF any one
ocnse will Justify sentence for any other oense ana
~
for murder Change or amendment OF sentence can only
be made at the term at which II Is pronounced CHE
King AT Price ct al, East J22; King ngt Justices OF
Lecestcrshre, Maui selwyn, 442 CMtty's Or H.,
no. Miller agt Fukle, / Parker's Criminal r., J7tl
stevens agt Com, Mctcafs Mass. r., 360 Wilde agt
Com Meicalf 1907 All which y respectfully submitted
Mr. Garvn, reply, reiterated his ground that the Court
could not Interfere aud cited the statute 10 show that a.
soon AS IL appeared that the prisoner held on nna
Judgment Court could get no further judge Barnard
suggested that meant legal Judgment Mr. HarNln-Noi
forbade the Court to inquire whether the judgment were
legal or illegal: whether u was Just or unjust Those
questions must be tested by writ OF error Judge Bar
| nard-Suppose you imprson me wrong man WHAT car
Won do tlcni Judge GuryinMy dear SIR, suppose you
convict the wrong aud hang MN; What can You &c
heng That Is question on the tral Tor MN TO snow
MIR Garvn, at considerable length ana Win great uea
of determination urged on the Judge the duty ana I'm
pornuce OF refusing the discharge ihs writ judge
Barnard said he had supposed The Constitution had iur
nshcd the Supreme Court With the largest powers Tor the
protection of the life and liberty OF the CluHen. aud Wh
satisfied this for the exercise OF those pOWer
but after hearing the remarks Of Judge Garyln lie
required further consideration, aud would therefore MOI
give his decision I'll Friday, TIL which time he renanded
| the prisoner To the city prIeun.
Edward b. Kcchuu short and thlck,a inclined 20 be
fat. He WAS dressed IN black clothes, which seemed
little large and they, With hls stout person, gave
HIM something Of a rustic appearance. His face had
| slightly dark olive hue Nhlle there shadow
around his eyes altogether different from what is usually
persons who live In good society, or who are en-
gagged or In intellectual pursuits He sat quit
retired and by himself In corner uado by the rallug
aud the wall and scarcely appeared more interested II
the proceedings than any Of the spectators SIN he oc
Judge remarked that Ia granting the wat he had done -
agreeably 10 provision OF the Constitution, but thai
after hearing The argument Tor Tue state ne Iouud IN
case involving principles OF greater Importance thhn IN
had al supposed, and be would take two days 4
come decision, ketchum's eyes fell little, but h
| manifested no MARRIED emotion.
Ketchl insteatOf being taken 20 the Tombs, accord
Ing To The order Of he Court returned 10 his quarter
| al Sing sing yesterday afternoon.