, 1873-07-17
TRIAL BY JURY.
Decision in Favor Of Charles 4. Dana in tho
Washington Libel Suit. !;
The Washington Police Court Declared
incompetent to Try the Case.
An Interesting Aftor-Talk Between
Judge Blatohford and P1ain- p
tiff's Counsel. :

Special Dispatch to The Chicago Tribune.
NEW YonK, July 10.-Tho argument in tho caso
Of Charles A. Dana, accused Of libol agaiubt
Alexander Il. Shepherd, Of Washington, Oh mo-
tion for a warrant for his removal TO TINT city
for trial, came up before Judge, Datchford, in
tho United Statss District Court, shortly before
q o'clock Tits afternoon. Tho Courtroom
WAS crowded, and lilo greasest intoreas
was manifested. AIr. Dnnn and Nlr. Shepherd
wore both present. The former was represented
by ex-Juago shipmnn and Nlr. ". o. Bartlett,
while tho latter lad as counsel District
Attorney Bliss and Assistant District
Attorney Harrington. and Judge Fishor,
Of Washington, A1r. Dlisss,, on making bis
Court iaa original Jurisdiction in ii eases Of
misdomeanor, of which character, according to
tho Maryland net Of 1860, libel is in the Dis
trict Of Columbia. Ho cited b largo number
eef authorties IN support Of his ,poHitien,
ii any, was committed In t1ia State, and should
bo triol hero; that tho Constitution required
trial BY jury; tbat the judiciary act provided
for the arrest Of Offenders and their trial.
not before tho Police Court Of the City, Of Wash
that act, and that tloro could DO no affidavit in
tho caao without perjury. It waR not an infor-
nation, which could be- obtained in tho Court Of
g Se Els ps1s sesa fG 5 far a. ts sseG'MiSn M
not Sa havo ave 'Eos ESormittod " it to be- bo printed
had he boen In tho city. 1t would bo we'll, hc
said, to look at tho consequences. II in this
hand to arrcst ono editor for libel on public
officer, it could stretch it out to every
city aud village in tho country. Con-
grossnon might thus supprcBe a!l criticsm
be filled with political prisoners, aud when its
prisons wero oyorcrond dod, tho forts Of tito
United States, as once before, would be called in
to supplement- tho prisons, Mr. Bartlett, in
conclusion, said TINT Judge shipmAn h9d studied
gunlont upon which tho defense would depend.
Mr. Bliss had no objection, but Judge Ship
man did not SEQ tho necessity Of saying anything
further. Mr. Bliss in that eyont had nothing to
add. Judge Blatchford then decided TINT
tho Washington Police Court utterly void,
and refused to grant Mr.. BlisB' motion. Tho
suddenncsB Of tho decision noaEly took every
body's breath away, but iu an instant loud ap-
unchecked by tho Court: ,..,,
your Honor permit mo 2"
Judge Dlatchford-DiscuBsion ia closed. Re-
| hlr. Dlise-I wish to cite authorities to show
that your Honor has taken the wrong view Of
| the caBo.
Judge Blatchford-I don't think there is any
noeQ. dbEo applause again purHt 10TH, Dut
| this time his Honor robuked it. Judge Blatct-
ford continued that tho Constitution Of the
United StntsH expressly declares that all Of
Tenders shall DO tried by jury, and thero WAS no
| getting over that.
| N1r. Bliss contollded TINT the Supreme Court
| and courts Of last resort in tho United States
| held IN exactly opposite opinion.
| Judge Dlatchford said TINT that could not bo
| possible us 1t would bo an express violation OF
| tho Constitution. It would Be impossible for
him, unless he violated his oath OF office, to
say TINT a Warrington Police Court has
| Jurisdiction over this crimo. Trial by jury wna
IN insurmountabla constitutional barrier. uo
Ind often folt what relief it would be If he woro
not obliged to try oyery petty offonso against the
United 6tateB by jury, but thero was no holp for
| it. Tho spirit Of tho Constitution entitled de-
fendant to a jury trial at his first trial.
hlr. Bliss male another attempt to arg1lo his
point, but Ills Honor cut him short by saying
Tint he was srry the counsel for tho defonco had
refused to fortify his yiows by the delivery Of
tile spoech he had prepared, but that no conBid-
Grafton, no study, no argument would make hin
| arrive at any other conclusion.
| Mr.. Dana and his friondH seemed delighted at
the result, while Hlr. Shepherd slunk away with
IL frown on hiB face. Judge Blatclford wished
to discharge Mr. Dana at oi,co, but Mr. Bliha oh.
iectod; so a writ of habcas corpus was issued
1oturnablo Immediately, aud ut half-pnst Alr.
Dana was got free.