Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-11-14
THE COURTB.

H. UoomLs was referred TO Ike eSaminine commiatae
Oiu,t agt. Ming; Judge Macarthur d,livered the
Fl the court below Haw ss ct an fGe J H5dss
IlamphTeys delivered The Opinion q ihs court 10
Justice CarttsT delivered the opinion Of the court,
Gases al PstIt Larceny can only De BronshI III.
Crim,nai C5n,t By appeal.
Gsef s:tce Cartier dersrsa T hs u nsa,
imous opinion of the court as follows:
the Ct se nrs az Che s hC
as
Of
Denomination Of dollar, and Of the value Of
the defendant peads specially that this court ought
not to take cognizance Of the oepse for of jul
the Poe cour or the Bss. II
proved January II, $50, vested in that court the
Upon this plea the government takes issue, and out
ofthis issue springs the single question, Has the
bs osn.s ~ ns ipy original jurisdiction OF
sei eTes Ping the Police Court provides. among
aSa ss IT al
against the United States, committed the District
Sasris: and al o,sep not pnns
ey GnS fSs IN 81 fas %
eseds II there be no,hng essential in the offence Of
na gs be ps
ment in penitentiary, the language Of the oct is
the and soss IS
the Police GSnrt over al offence: not Infamous. and
xftsT quoting tie act in relation to petit isroenes,
the opinion proceeds as follows: "1his act, il will
making the below aSa Is
the Gen lie and as far a. punishment, can
companion Of malicious misch in the destruction
US, read in The light oil each other~the one creating
I and Sn the
ether establishing a penalty terminating this side
law m sker falling little short Of express declare
ten that The ofense under consideration 10 made
tepd, and that tenton is reasonably expressed the
cCnsideratiOn Of the subject might end here.
felony to the proportion Of misdemesnor eNists
unqnettiosed in all cases, where the penalty is not
Its; neyer,hsles., urged, under the authority OF
se ss met sbs o. ne that Con
IN the process TO punsm Mt OF this oense If the Of
tsnis Sas Ts involves
power to dispense with grand Jury In the purDi .h
that they have the power to reduce crime from the
grade of infamy TO misdeme amor in all where
which they have done. ''
larceny ali infamous crime at the time Congress
interposed BY these acts To deal with the offence
II the infamous character Of the ofience is to be
determined By the popular sense, clearly larceny. in
same juds ment will attach to most other transgres
sions Of The penal law, whatever their grade from
WITH eensis to
and imprisonment in the connon jails.
will exclude the offender from the confidencs ana
compsnionship Of honest men, may attach. and does
law. In this sense, a man may make himself infa
nous 70 his EXCLUSION from the confidence and
sgaipst common decency the victim Of vices that
.inIly de,0ur himself: Il follows, tina, to adopt
would NECESSARILY Oblierate the moral DISTINCTION
e a nd. s.Ssas OF
sloSabe as oeyiousy i cannot be, We are referred
@ sns LEGAL s an q the 70. the
that legal infamy Is not be judicially implied.
50 EosSs IS Sees s
to ,h r 'tn "ss Of IL and especially
than irGTentiai penalties. 'A'''''''on'
While II viii be found. by review Of legal suthor
tanty obtains with reference to an accurate disnc
ton between felonies and misdemeanors-crimes in-
be assumed ss q rule OF Judgment that crime to be
deemed infamous must IN some form be pressly 70
The mode Of expressing legally the infamy OF
crime In this country IL ay vary. The almost unver
the several States OF the Union IS by the express
declaration Of the Legislatures Of several States
tior betweex offenders made infamous and ofepders
left TO be tolerated by the law outside OF the peni
Apotner mede, which inherit from the civil
law, as brought down to us through the common
'crimen IN falsi-a class OF crimes implying per
vadlng rottenness Of character.
neither Of these classes 1t is not declared infsmy
by the law maker, or necessarily legally infamous
review Of the history Of this offence and its pun
ishmens discloses the fact tina. at early period
vas made felony at common law; and even when tne
Parliament a Great Britain separated ii from grand
to IT. ms BY Tss
the forfeiture Of the goods the only badge
OF yhe e m o such forfeiture
peared the destructive feature OF this offence as
sS. h n
in no sense applicable e the definition Of the Of
msSer has not seen Il 10 make s g. Is the law
To bold the doc rine that crime once made in
would he to adopt the unsIterabls Condition Of the
Law az the rule OF interpretation1a conclusion at
sRsfs:s in s snoSs
!. the mitlgntiSn Of punishment fer public oenses
refinement from the point where ali ofyenses We're
indiseriminately punished with death to the mides
nd the reformation d the ofsDder. Oh the PUBIC
The infsmy Of an offence under the law, which
psn..s az. an 70 Ssss shs
the right Of franchise, the right Of giving test
such forture the crime may not be deemed isssl1
infamous unless II 10 90 expressly pronounced and
il thus pronounced 1t entails these conse quences
this view be correct the offence st Issue vas not
oense in the contemplation OF the constitution and
Congress was dealing with simple msdemeanor. .
In view OF the whole question, the court are Of
opinion that original jurisdiction Of the ofense Is
properly committed 20 the Police court; and II the
case comes here, it must come by appeal provided
by law.
CRIMINAL COURT, Jadge Olin.-ro-day, the
court adjourned until To; morrow, when the follow
ing casss will be called: May Ross, Henrietta
Green, VIM. Smith, and ALFRED West; Rady Stras
burger, Alice Turner. John Bennett, charged with
petit larceny: Ellen Bennett, Margaret Brady, and
Fanny Bobinson, grand larceny; James T. Robbs,
do and resisting officer; Il. q. Polmsn, receiving
stolen property; Lucy Jackson, assault with intent
TO kill Rachel Gordon, VIM. Gordon. and John Cor
don, assault and battery Robert Martin, do Fanny
Dixon, keeping bswdy house; Wvyman Brooks
and moseby Jackson, passing counterfeit money.
POLICE COURT. Judge Snsu.-John Robinson
and Alexander Burke, colored, charged with disord
erly conduct; fined SIS, each. john Robinson, ror
assault on william Bailey; hned So. Agnes Garter
terry: forfeited their collateral by not appearing
when the cases were called. J ohm Dund as coIored
charged With disorderly conduct not appearing his
with Assanltipg 0fcer Doyle while IN the dischsrge