Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-07-17
THE DANA LIBEL SUIT,
Final Decision Of Judge Blatehford on
the Motion to Transfer the Case
from New York to WASH
ingtOn.
The Right of Trial by Jury Must be
. Held Saered-Case Dismissed, and
Dana Discharged Amid Cheers.

New YORK, July 16.-Judge Blatch-
fOrd's court was crowded to-day by spec-
tatOrs eager to hear the argument and
rulings on the motion to remove the
Sheppard-Dana New York StGnl libel
suits from this city to the District Of Col
umbia. At the conclusion Of the argu-
ments, Judge Blatchford observed that
he was entirely satisfied he could not
grant this Information. Cheers. I Mr..
Bliss desired to hand up some point, but
Judge Blatchford replied that it was not
necessary. Renewed cheers. He
hoped the gentlemen would refrain from
applauding in court. The constitution
of the United States declares that trial
OF crimes should be by jury. As he under
stood the application, lit was on a warrant
OF the commissioner, issued solely on
TINS information, and sworn to in the
police court. This was the information
OF Mr.. Williams, and if the offense was
to be tried, it was to be tried in this
police court under the information. In
continuation Judge Biatchford said he
did not decide the case on any of the
grounds alluded in the cases cited by
Mr. Bliss; he was simply referring tothe
clause IN the constitution in regard to
the right of having trial by jury;
that clause was never sought to
apply to any other crime than such
crimes as had always been tried by iu-
ries. Lbels, in common law, had al
ways been tried by juries, therefore, so
far as he had looked into this case, and
he had carefully considered it, he had
no doubt whatever upon the point, and
If he was to regard his oath of office ii
was simply impossible not to say that
all crimes against the United States
should be tried before juries. He
did not mean to say that
this police court at Washington
might not properly have jurisdiction
over common assaults and batteries
They all knew of special sessions, and
he knew that judges of this district had
felt what relief it would be to courts of
the United States if they should not be
called upon to try every offense, how
ever small, but the answer to that was
the inestimable right Of trial by Jury.
He understood this as an application
calling on court to remit this case to
court which would try it with
vut jury on the first instance. but it
did not help the matter. If the party
had a right to appeal If he was convict
ed, he was entitled to be first tried by
jury, and not to be first convicted.
Taking the whole matter, he said if this
court had the right to try this offense, it
was one that should be tried by jury,
and on that ground alone he put
this decision. The ground upon
which he made this decision
was solely with reference to the fact that
this was 8 charge of libel, and libel was
a crime always tried by jury. The
proposition seemed 50 plain that no ex-
animation, no study, could bring him to
any other conclusion. The application
must be refused and defendant released
from the custody of the marshal. The
proceedings then closed. Dana, on leav-
ing the courtroom, was warmly con-
graduated on the result by his friends.