Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-03-08
THE CASE OF CBAs. N. O'RRIEN.
Gen. Butler. I'm his Behalf, Osks for Q
NH NJ ERY0R.

Writ u EFFor.
This morning, in the Supreme Court Of the
District Of Columbia, in general tern, the case
Of Charles VI. O'Brien was argued. II will be
recollected that O'Brien was convicted. at the
Decemeer term OF the Criminal Court, OF the
Green Spring pavilion, near Georgetown, on
the 18th Of july last, and was
SENTENCED TO BE HANGED
on the 18th OF February last. The friends of
the prisoner, however, succeeded i'm securing a
respite Of the sentence until the ssth of the
present month, Since the respite, q numer-
ing Communication Of sentence; and it is Stated
that several influential ladies have interested
themselves in his behalf. =
eyN. butler
has also become interested in the case, and IL
having become known that he would TO-DAY
make motion in the court, a large number of
persons were present this morning
The court was opened about II O'Clock,
Judges Cartier, Wyiie, Olin and Macarthur on
the bench, and General Butler Immediately
addressed the court, and read the motion for
A WRIT OF ERROR, CORoN vOBIs.
At this point the prisoner, O'Brien, was
escorted into the room and shown a seat near
General Butler. He was quite neatly attired,
but seems to have lost a little in flesh.
General Butler, in his motion, assigns as
errors, that the indictment under which the
prisoner was convicted charges that the offense
made and provided and against the peace and
government of the United States, whereas the
offense l. not against statute of the United
states. ard he commenced TO argue this assign
meDt.
Judge Fisher referred to
LAW OF 1880.
and stated that 1t would relieve General Butler
OF the Necessity OF arguing that point;
Gen. Butler replied that he was aware of the
act cited, and stated that the act referred 10
dock yards Sc If it was intended to apply to
have been inserted. Ii they claimed that the
Indictment was based on the statute OF the
United States, he would ask WHY IL CON mences
he grand Jurors Of the county and District
aforesaid?'' Whoever heard OF an indictment
In the United States courts commencing thus?
United States statutes know no counties and
districts. Gen. Il. read some of
THE OLD HSGLIsH STATUTES,
and contended that there lie no statute in exist
ence affecting The prisoner, and the sentence
could not be supported.
He then read from the record that the party
was arraigned; put himself on bis country; that
seven good and lawful men were selected and
sn. n tn sn:i the Judge then ordered forty
others: These may have been women, and the
Defendant, when he found himself SO faced,
grew frightened, and withdrew his CHALLENGES
OF the day before. Gen. Butler then proceeded
10 speak OF what may follow IL the doctrine of
waiver rs allowed.
JUpsE khRrHUR ASKS QUESTION.
Judge McArthur.-"General Butler are vou
not indulging in a fanciful sketch?'
Gen Butterflies. your honor, am and /
desire to state that have found that during the
trialeyery thing wasdone properly" After read
ing number ofauthOrities to show that il must
appear that the jurors are true and lawful men,
Gen. Butler said that the judge by whom the
trial was held had charged the law Of homicide,
except IN one particular. He contended that Ii
was the duty Of the judge to give the Jury ali
the law applicable to the case. He read the
prayers and exceptions, and remarked that it
was a. much
THE DUTY oP THE Court
20 elVesSne prisoner the benefit of doubts "a to
law a. they had 10 give benefit of doubt as to
facts- Fhe hrst prayer offered by defendant
was properly Overruled. AS TO the instructions
ehat MALICE was implied, he said that in the
early days OF England, when that country was
taken BY the French, many Of the latter were
found murdered. Then law was enacted and
nnder IL when a murdered man was found ii
was implied ma ne was Frenchman; that the |
party who killed him was an Englishman, and |
mat II was done with malice. TwO-thirds OF this
Iaw had been nene away. the latter part re- |
mains. He argued that IN a secret murder |
malice was implied.
He claimed that the burden of proof of NAL |
ce was on the prosecution and not on the pris- |
,nes. and the jury are the judges as whether |
here Is malice or not. here was a young man |
N the6umble walks OF life meeting, hearing
THE HONOR OF Els WIFE
attacked. smarting under 1t, found guilty of |
siiling the nan who made the charge and that |
n the sams district. the same court, and in the |
ounl not gui,ty of killing the seducer of his
wife which was made known to him, and arm |
ng himself, he vent in pursuit and shot down |
he man. He reaS from York S case, 1871, Web
ter's case, 1850, slDd Gray's case ia 1855, to /
how thaf the burden of proof as to malice is on /
he government.
General Batter closed at 135, and during his
irgument almost breathiSss silence prevailed |
,reated by an intoxicated individual in the |
courtroom.
After recess Mr.. Harrington commenced the
argument for the government.