The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1873-07-17

grounds. Several passengers are now sick and
are in the quarantine hospital.
The Damn Libel Suit.
The argument on the removal of the case of
Alexander d. Sheppara, Vice President of the
Board OF Public Works of the District of Col
umbia, and Henry NJ. Cooke, Governor of the
District of Columbia, against Charles A. Dana
of the Sun for libel, came up this afterr DON in
the U. s. District Court before Judge Batch
ford. The court room was densely crowded, a
large number of those present belonging to the
journalistic and legal profession.
Judge Fisher OF Washington, and Assistant
District Attorney Harrington of the District of
Columbia, appeared for the prosecution and
argued in favor of the removal of the case
to Washington for trial, claiming that the of
fence was committed there and the alleged in
jury done to the residents of the District.
United States District Attorney Bliss made q
formal motion for removal of the case to
Washington.
Ex-Judge Shipman opposed the notion ar
guing that the offence was committed in this
district
Blatchford observed that he was entirely salts
fed he could not grant this application
(Cheers).
Mr.. Bliss desired to hand up some points
Judge Blatchford replied that it was not nee
| essary. (Renewed cheering He hoped the
| gentlemen would refrain from applauding in
| court. The Constitution of the United States
| declares that the trial of all crimes should be
| by jury: AS he understood the application it
| was on the warrant of the Commissioners issu-
| ed solely on this information sworn to in the
| police court. This was the information of Nh.
| Williams, and if the offence was to be tried it
was to be tried in this police court under the
| information. In continuation Judge Batch
ford said he did not decide the case on any of
| the grounds alluded to in the cases cited by
| Mr. Bliss. ~ He was simply referring to the
clause in the Constitution in regard to the right
| of tria' by jury. That clause was never caught
| fO annlV n other crime than Such
as have been always properly tried by juries.
| Libel in common law had always 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, it was
| simply impossible not to say that all crimes
against the United States should be tried be-
fore iures He did not mean to say that the
| police court at Washington might not properly
have jurisdiction over common assaults and
batteries They all knew of special sessions,
and he knew that the judges of this district
had felt what relief it would be to the courts
of the United States if they should not be call
ed upon to try every offence, however small,
but the answer TO that was the inestmable
right of trial by jury. He understood this as
an application calling on the court to remit
this case to court which would try it without
| a jury in the first instance, but it did not help
the matter if the party had a right t. appeal if
he was convicted
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 right to try
this offence twas one that should be tried by
| jury, and on that ground alone he put this dis
cussIon. The ground on which he made this
decision was solely with reference to the fact
that this charge of libel, and libel was
crime always tried by jury. The proposition
seemed so plain that no examination, no study
| could bring him to any other conclusion The
application must be refused and the defendant
released from custody by the marshal. The
proceedings were then closed. Mr.. Dana, on
leaving the court room, WAS warmly congratu-
lated on the result by his friends.
Search for the spaniard Roscoe.
The police are still actively searching for the
Spaniard Roscoe, alleged to have been concern
ed in the murder of Charles w. Goodrich. It.
is believed that Kate Stoddard admitted Ros-
coe to the house in Degraw street. and that the
murder was committed by the pair The no.
lice say they have all the proof required to
convict Roscoe. This has been furnished by
the confession of Kate Stoddard. Roscoe has
not been seen around any of his old haunts
since the arrest of his alleged accomplice, and
as he was always possessed of plenty eff money
it is believed he has taken himself off to some
distant city, Accurate descriptions of him
have been sent to the police of all cities in the
| United States and Canada.
Peabody Educational Fund,
The trustees of the Peabody educational fund
met to-day at the Fifth Avenue Hotel. TIE
President arrived this morning from long
Branch to be present, with ex-Govs. Winthrop
and Clifford of Massachusetts, and other MEM
beers, including Gov. Aiken OF South Carolina,
and DR.. Sears of Virginia.
Erie Officers.
At an adjourned meeting of the directors of
the Erie Railroad Company the following Off
GERS were elected for the ensuing year, P Fl.
Watson, President; George H. Blanchard I'd,
Vice President; James G. Clark, Sd Vice Presi-
dent; Henry Tyson 4th Vice President; A. R.
s. L. NJ. Barlow, W. B. Duncan, Edwin d.
Morgan, Frederick Schuchardt; Finance Com
mittee, Samuel d. Babcock, Adrian feeling,
II. r. Boltzer, George H. Brown. The first
Vice Presidency was left vacant for the present.
Various Matters.
The weather this morning is slightly cooler,
and there was clear, fresh northwest wind
during the night. Several sun strokes were re-
ported yesterday afternoon.
| The first bale of cotton of this years crop
was sold yesterday at 36 cents pound. The
cotton was grown in Cameron county, Texas.
| The latest SEIZURE made by customs officers is
eight rare specimens of monkey and Muscovte
deer, struggled into this country.
The mails to and from Havana from this port
will not be changed to go via Charleston, as
such change would involve, as stated by Post
master James of this city, delay of two days
ON each trip.
During fight between Thomas Finn, the
keeper of the Hackensack River Bridge, and
Eugene Atno, captain of the canal boat. yester-
day afternoon, the latter was struck on the neck
by the former, killing him in few minutes.
The trial of ex-Chief of Police McWilliams
and ex-detective Doyle of jersey City, on a
| charge of having been concerned in an attempt
ed robbery of the First National Bank. is pro-
ceeding.
Sheridan Shook is confirmed by the supervis-
| ors as Superintendent of Armories.
The supervisors have approved the bills IN
| the Tweed and Stokes cases, including $10000
to George T. Curtis. and $500 to John X. Por-
| ter in the former case.
The Aldermen have again refused to confirm
| the nominations for Police Justices.
The police are in search of man named
Beach, who boarded with Lucette Meyers, and
| who she says was present at the time Goodrich
| and Roscoe had an encounter at her house
Arrived, steamship Algeria from Liverpool.