The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1872-11-09
Supreme Court---Important De-
cisiOnS.
The MuIderers, Rafferty, and Perfect,
Awarded new Trials, and Peri to be
Hung!
The Chicago journal Contempt
Case.

During the past week the Supreme Court
has announced some very important decisions.
In the Rafferty, Case new trial has been
awarded, on the ground that the Court below
erred in not allowing the prisoner a change of
| venue, he having shown the Court in prop
err manner good and sufficien. reasons for such
| demand.
The Perfect case was also sent back for q
similar and other errors, and new trial
given.
Gregory Peri, another murderer, was not so
fortunate, as he deserved not to be. He was
tried some time ago at Chicago for murder,
and sentenced to the penitentiary during his
natural life Soon after another and more
horrible murder, committed by him, came to
| light, and he was sentenced to be hanged
Then arose question that puzzled the law
yers and brought the subject before the Su-
preme Court. Which sentence should be
obey ed ? If he were hung, how could he be
imprisoned during his natural life If he
should be imprisoned until, through the laws
of nature, (and prison disciplined he should
"pass in his checks what would be the sense
of hanging him, especially when dead2 The
Supreme Court cut the Gordian knot by de.
Gliding that the greater punishment includes
the lesser, and that to keep him in the Chca-
go jail until Dec. 6, 1872, would ill the bill as
to imprisonment for life, and then to hang
INN would end his wicked certify career, and
forever settle this little legal muddle, and the
prisoner is to be dealt with accordingly.
THE CONTEMPT CASE.
The celebrated Chicago Journal Contempt
Case, up to yesterday morning had not been
disposed Of On Wednesday of last week the
Court met, expecting that the malefa. tors,
Wilson and Shuman, would be present, and
either purge themselves of the contempt
which they had committed, or present argu-
ments in explanation or justification; but these
contumacious editors did neither, but, in fact,
by sort of sham answer-mentoned in this
paper last week-and their failure to come be.
fore the Court or attend to its commands at
all, rendered their contempt more palpable;
and in this additional aggravation of their Of
fence doubtless merited at the hands of the
Court, less merry than mere rcprimand and
perhaps small fine, which they would posi-
bly, have received had they paid that due heed
to the mandates OF the Court when it was the
proper time to do so.
Ircf,cac rT1N,nt,,, Il No H.
! have filed able opinions on the subject show
| ing the rulings of courts OF this state, other
states, and the law in general on the subject
of contempts. The opinions, though ex-
haastive of the subject, would not inter.
est the majority of our readers. The chief
points are that the Rafferty, case, having been
appealed to the Supreme Court, was being
carefully examined when the obnoxious arti-
Gle appeared in the Chicago Journal. 1t was
a matter of life and death to the prisoner, and
though tie greatest criminal that ever lived,
he was still entitled to fair and impartial
trial, and it was the sworn duty of the Su-
preme Court to see that such had been given
him.
Such publication as this, alleging that
changing was played that the prisoners
counsel was successfully studying the policy
of delay; that the public was blandly assur-
ed that the matter would be examined into by
the Supreme Court and decided at once, and
that the sum of fourteen hundred dollars is
enough nowadays to enable a man to pur.
chase immunity from crime" &C., are calcu-
lated, aside from their monstrous libel on
courts, to lessen the public respect for the law,
and should not be permitted. Contcmpts are
| defined by oil law writers to be actual, as in
presence of the court, and constructive, as by
writings, publications, &C., elsewhere, when
such publications are calculated to cmbarrass
the administration of justice or to lessen the
respect of the public for the court.
Justices Scott, Breese and Sheldon dissent
from the majority.
Yesterday morning Sheriff Blake appeared
before the court with Messvs Wilson and Shu.
man, the prisoners arrested on the Supreme
Courts writ OF attachment. The court in.
! quircd of the sheriff whether he had the pris
oners III court, whereupon the sheriff replied !:
~ have them, your Honor" The prisoners,
with Qdaking knees, came up before the bar of
the COURT and received from Chief Justice
Lawrence mild lecture, in which he pointed
out the wickedness Of their conduct and the
evil tendency OF the article in the JoWWal, aud
informed them and the press generally that