The New York herald., 1870-03-26
THE DOUGLAS MURDER
The Motion to Quash the Indictment AgaiaA
Jackson Denied BY Judge Bedford

In the Court Of General sessions yesterday ths
trial OF the People va Thomas Jackson wss sss
down - nrst on the calendar. IL Will be reme0-
bered that the defendant Jackson was . deputy
snerin ana that during the election canvass In No
vembsr 1859. he ~ alleged. fred st and klled one
Archibald Douglas.
NOTION TO QUAsH tue INDICTMENT.
The case came up yesterday, before Judge Red
ford, on motion to Quash the indictment, wnaon
motion was argued few days ago. Judge Bedford.
in denying the motion. said:-
THIS is Q motion to auash an indios-
ment found against Thomas Jackson for sSs
alleged murder OF Archibald Douglas. THO
facts fac ,o, n this = case are simply q !Oowson
Court OF Oyer and Termlner found bill Of man
slaughter against the accused, which bill was trans
sessions. ON the 22d day OF December suOss-
quent Grand Jury found bill OF murder against
charge cns scHssu - she same n Soth On the n dsy
OF December the prisoner was arraigned upon
the second Indictment, and pleaded not guilty. 30.
indictment for murder an order was made ~ tho
Court (under statute hereafter quOtedl quashing
Tor the prisoner on the 18Th day or March comes
into court ana asks thss the last indictment fouad
against the prisoner on the 22d day Of Decemoer:
charging him with murder, be quashed, vacated
and set aside. and that the indictment found
against the prisoner Tor granddaughter On the
10th day OF November, 1859, no re-establlshed
as the proper ana only Indictment against
the defendant ana that any order Of this Court here
toned Indictment be vacated discharged or sss
aside. II this motion presented original question:
lind much In the argument OF the prisoners coun.
sci which would Incline me to give him relief. His
argument was ingenious and able. But II B not AN
original question, and cannot perceive how any
Judge can reject the reliance OF the people and DIS
trict Attorney res ddJudcdtd. statute says:--sf
there be ut any time pending against the same de-
fendant TWO indictments for the same offence or
land the provision which now follows governs nereD
two indictments for the same matter, although
charged different offences, the Indictment 1rsS
found snail be deemed to be superseded by such
cond Indictment and shall be quashed." BY action
duly taken under this statute the hrstndctment for
manslaughter has been already legally annihiated.
Mr. Justice Nelson III the OF the People, rel.
Barron, W.. The Monroe Oyer and Termner. 20 Wen
DELL page l0S In reference TO the above statute
"that the statute should be construed as intending
simply TO indicate the rule which SHAH guide Una
public prosecutor and the courts In respect 70
The Indictment upon which trial may be had.
and also TO enable the prisoner 10 know upon
which he Will be tried" The Chief Justice further
says another object, doubtless was to protect nun
against the injustice OF being held to bail upon two
indictments charging with the same 0lrence.n
Again, IN this same case, page no. Mr.. Justice
C0wan says:--"The statute Ii very strong, but It
nnung OF the second Indictment does not psO fdct0
annul the first There must be motion TO quash."
The question raised by the prisoners counsel s there
fore res ddfudtcdfd; and although Van H0rne's Case,
reported IN Barbour reprcnends the system
OF accumulatlng by maximum graduation OF onencea
Indictment after Indictment 1t ls apparent that In
that very case court and counsel recognized both the
statute ana the authority have cited. The uniform
decision and action or this court as regards this
question, to wit, where two indictments are pending
Tor the same matter, although charged az different
Offences is TO quash the one first found before pro-
ceedlng to trial on the second.
As TO the question whether the action OF the last
Grand Jury put the accused twice In jeopardy tn0
mence until petit jury has been sworn and does
not cease TIL after q verdict naS been rendered.
Goodwin case Is Johnson.l
Motion to quash the Indictment for reasons a.
above stated denied.