, 1872-11-08

| Reed was as bland and cheeriul as the dlsaa-
| trous elections coulc be expected to leaTe him,
! but not disposed to be reticent.
The reporter suggested that be seemed as
laDpv in his misforiunes rs the wretched recip-
tents OF new trials below Mr. Reed said
| nothing, but appeared resigned. The 1lr5t init
nation he had received OF the decisions Of the
Supreme Court was q remark from Judge
| Enowlton that ho had beaten him {Mr. Reed).
What orders were included in the opinions he
did not know, but would to-day. The change
of venue would bring the cases into
Lake County, and in WauEegan, dark with the
Perfect. darker in color and in crime than they,
and Rafferty,, the complexion OF whose guilt is
deeper than any, will be tried for their lives be-
fore q jury Of unprejudced citizens Of Lake
County end there, if convicted Of murder in
the first degree, Perfect and Rafferty, will ex-
plate their offenses As miles from the spot where
they were committed.
Tho States Attorney was anxious to have the
matter settled ut once. If permitted
to go = through the ordinary course
ruary, but after conversation with Judge
Williams, Alr. Reed learned that, should he make
request to that effect, the Judge will call q
special term Of the Court next month. He will
make that request as soon as he knows what
the Supreme Court desires in the case.
The recent elections placed q States Attorney
IN every county: Formerly, Lake and Cook
Counties constituted one judicial county. and
Alr. Reed prosecuted in both. He is not
compelled now to prosecute the cases in
Mapkegan, but can do SO BY courtesy. should
the States Attorney OF Lake County feel dis
posed to allow him. 4 number Of gentlemen
called upon Mr. Reed, yesterday, and hoped that
he would not relax his efforts to secure the con-
Eiction and execution Of both Perfect and Raj
ferty. Mr. Reed in reply, has pledged himEolf x
both murderers--tho ropes end.
EA TERTY's NEW TRIAL.
OTTAWA, Nov. I've make the following es-
cerpts from the opinions fled yesterday grant
WAS granted, on the ground that he had been
Improperly refused change OF Tenuo: speak
1861 the Court says: ave think the exception
of capital cases contained in the first section OF
this anendatorY act must be taken as carried
into the fourth section; that the words in
criminal cause in the latter section, resn such
q criminal cause as is provided for in the first
section, namely, one where til. offense is not
punishable with ill., DEATH sud H. We feel con- con-
1861. as derived from comparing together
its various sections, that it relates solely to Of
fenses which are not punishable with death, and
that as to capital cases tho old law as to the
change Of venue in criminal cases remains IN
changed" The Court then proceeds to state
that tue old laW being notoriously detective. as
underit change Of venue was often resorted to
as means Of procuring an npqulttal from loss
OF testimony, the Legislature thought it would
be sufficient to apply the remedy in cases where
the offense was not punishable with death, and
hence had passed the act Of 1861 but they evi-
IDENTITY considered that where human life was in
volEed it would be better to leave the ills of tho
old law than remove from the defendant
the legal benefit which he enjoyed un-
der that law. As under the old law q
change Of venue would be granted,
the case must be reversed. For that reason all
the Court concur in this. The Court then en-
ter upon discussion of the principles involved
in the second assigned error, namely, that the
showing Rafferty, to have been intoxicated at
the time when he committed the crime and con-
elude this part Of their opinion in the following
words: $50 far as the offer vent to prove that
tho prisoner WAS intoxicated at the time Of the
commission of the crime (and a majority Of the
Court are Of the opinion that the evidence
should have been ready as showing the con-
dition Of the defendant at the time, and in that
respect constituting part Of the record under
punishment for murder, which may be
eitLor death By hanging or imprisonment in the
Penitentiary for the term Of lifo, or term OF
not less than fourteen years. I: is important
that all the circumstances Of the act be consid-
cred, the condition of tho prisoner at the time
among the rest, as tending to give character to
his conduct, SO far as they may be regarded as
part res gestg, should be laid before the jury,
that, as near as may be, they may see the crime
der that they may intelligently graduate the
punishment. But proof Of into1ication ct the
other times embraced in the offer, We think, was
properly rejected. The judgment Of the Court
below must be reversed, and the cause re-
manded."