Wilmington daily gazette., 1873-07-17
The Rnl,a LIble suit.


4RR1IcAr1oN FoR REMOVAL oR THE oAsE TO WASH
AZ INqTdN REE CsED.
NEW YoRK, July l8.-The case Of A. R. Shep-
srd and Henry y. Cooke, against q a. Dana, was
up before United States District Judge Rlatchfprd
to-day.
Judge Fisher and District Attorney Harrington,
Of Washington, argued for removal to Washing
ton, and United States District Attorney Bliss
made formal motion 70 that effect. Ex-J udgel
Shipman, on behalf Of Mr.. Dana, opposed the mo-
tlon. Ths courtroom was densely crowded by
gentlemen Of the Journalistic and legal professions,
AT the conclusion 81 The arguments, Judge
Blatchford observed that he was entirely satisfied
he could not grant this information, lCheers.l
Mr. Bliss denired 10 hand up some points necss-
gary renewed cheersl he hoped gentlemen would
ESfraln from applaudlng in court. The Constitu-
ton OF the United States declares that the trial OF
ali crimes should be by jury. As he understood,
the application was on warrant OF the commits
sionor issued on this Information, sworn to In
police court This was the Information OF Mr..
Williams and it the offence was to be tried it was
70 be tried in this police court under the imforHa-
tion. =
IneontinuatiOn, Judge Blatchford 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 Con-
stitutlon In regard to the right Of trial by jury;
that the clause was never soughtto apply to
any other crime than such crime as has been
slWsys properly tiled by jurles. Libels in
Eb9mon Law he'd always been tried by 1uries.
Wherefore. so far as he had looked into this
case, and he carefully considered it, he had
no doubt whatever upon the point, andi IL he
was 10 regard his oath of ONCE, II, was sim
ply impossible not TO- say that all crimes
against the United States should be tried be-
fore Iuries. he did not mean to say that the
Pclice Court, at Washington, might not pro
" perly have Jurisdiction over common assaults
and batteries. They all knew Of special ses-
SlOnB and ne knew that judges Of this district
had felt what y relief 1t would be TO the courts
Of the United States II they should net be
called upon to try every offence, however
small; but the answer TO that was the inestl
mabIe right OF trial BY Jurys "a AaA
He understood this Is an application calling
on the court TO remit this case, to a cour
which would try It without Jury In the frs
instance, but 1t did not help the matter II tht
marty had Q right 70 appeal II he was e0nvic
ted. he was entitled to be nrst tried by
Jury, and he was drst c0nvlctsd.
Taking the whole matter, he said IL thi
co1rk had . right to try this offence it wa
only that Il should be tried BY q Jury, and OIL
fnef ground alone be put this decision. The
GROUND upon which he made this decision
was solely with reference TO the, fact tina
this was charge Of libel, and libel was
crime always tried by Jury. The pr0pos
ition seemed 70 plain that no examination
no study could bring him to any other con
plnsion. The application must be refuses
and the defendant released from the custod
Of tbs marphal EAfA NN
The proceedings then closed. Mr.. Dan
on leaving the courtroom, was. warmly cor
egTatulated on the result by his friends.