, 1873-03-01
fEEO -vJs m REE10TEns
Tho Stnte's.Attorncy on tho SUI
promo Court.
Rafforty's superaedeas, and Why It
Was Granted.

reporter Of THE TRIBUNE called at Tho
uouHo, yesterday afternoon, for tho purpose Of
learning what Mr.. Reed had to sny regarding tho
Rafferty, suporsedoas, and tho structures upon
him by the Supreme Court. To was aa affablo
md loquhclous ns usual, aud, when asked for nn
explanation, Hald ho Ind converael with sovoral
lawyers, and overy one characterized tho assault
OIL him as an outrage. It was disgracaful for a
Judge Of tho Supreme Court to abuse any ono ns
ho had beon abused by Judge McAllistor. Ho,
howevor, did not mind 1t, owing tho suprcmo
Court nothing. Il was slame TINT such roloc-
tions should DO mado upon him.. when ho took
his life In his haud by protecting aociety from
the depreaationB Of rod-handcd murdorers and
ruflans.
Ropo1ter-what explanation hnvo you to
make2 ~,
Mr.. Reed-This, Tho case was talton to the
Supreme Court Oil d writ Of error, granted by
Judge McAllIstor, in tho first place., Tho gu;
the judgment n'r semandng nd ethe case TO for aaohor
trial for tho roason TINT Judge Troc did not
originally ohnngo tho .venuo. I think 10 was
right, and tho Suprome Court wrong, Judges
Jameson md Williams had decided tho samo
question tho name way bcfore. After this
certified copy OF the opinion OF tho Buprono
Court was produced, md the record In tho
Office of tho Clerk Of ,tl The Criminal nina Court
sprenred for the people. and that tho prisoner
Naiferty, and Ills counsel wero In court, and that
he produced certified copy of the decision Of
the Supreme Court, which showed that tho ju1g-
nent had been revoraed md tho cause romandcd
for new trial. Thoroupon, the Court ordered
tho case rodookotea. Immediately aftor that,
Rafferty, mado an application for O change Of
venue IN person twas heard, and tho Court
granted It, tho venuo being otanGod to Lako
{fnfIntV h{H n1Ot{nn and at ,hfn rn.
quest The caho came up there, and ho was
tried, found guilty, and sentenced to 10
hung, and no objection Of any klna OF
to Or or oe Ts N Se OK
gostod by him or Ills oounaol. Both treated tho
certified copy Of tho opinion Of tho Supreme
Court as an ordor rovorsing aud remauding tho
this occurs, after he is tried on Ills own roquoat
In his own county, by o Jury Of his own chooa-
ipg, they aot up Tho claim that there was no
formal mandate In The record reversing and ro-
81. sseml{tur Is nothing but s iormsl @ maaato
Of tho Supreme Court showing what the
Judgment was. I. did not object to tho
production, of the opinion, because they
regarded 4 as- an. order. technically, there
showed that I went into court and asked to have
tho chse redoeketod for another trial, producing
q certiaed COPY Of the opinion,-Mr. Small
would object upon tho ground that the Court
rcvorsod, II that had occurred, and the Court
bud said that tho copy WAS sufficient, and ho had
objeoted, he would hnvo Ind point on mo.
But he presented 1t himself. and, BY go doing,
waived tho formal mandate, and the renittur
was not necessary. That 10 the ground stand
upon. Il tho question Of waiver was pro-
eented to tho Supreme Court, I think
they would havo decided difforontly. The su-
prone Court has decided that, when q defendant
aita by during his triAl, apd allows irregulariti0B
to creep In, 1c walvee them.
1u conclusion, Mr. Reed pointed exultantly to
the decision Of tho Supreme Court in tho case Of
Brennon va. thu People, reported in 18th ILL.,
nois, page 516, wloren ocours tho following pas
Hages !" They [doiendants] cannot complain of
what was dono at their instance. Even il tho
vonuo waB improperly changed to Kane County,
statute lazy provides that all questions concorn-
Ing the regularity Of proceedings in obtaining
changes Of venue and tho right Of tho Court to
which tho ohange IL mado to try tho case aud or
waived after tho trial and verdict. T."
Mr. Roedr drogarlB tue granting Of auperaedensce
as an attempt to shield "red-handod mur-
,derors" by technicalities. II the Legislature
passed his bill. such fippaucies would, in a
great measure, bo done away with, and outlaws
md "red-handed murdererph rccofyo Justice.