The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-07-17

washington by having It mailed to one Lewis Clap
hane. By legal nction, technicanty, It was held
Ss ss orUS Sss sae ba
!Sst NJ Dana had composed this iii libel IL the Dis
tr1ct OF Columbia. where he had not been Tor year
never dreamed that the right Of trial by jury
Of the saprsme Court Of tie United States on that
subject IN the case Of Milligan IL was arened by
jury England owed more her glory and her
that argument. refunded the Court Of The times
had refused that right to English subjects. And
the Court, rising TO the full measure OF its power
ment Mr. Black was very near becoming President
o. the United States; He would have been SO
.%s the ossdt Mobile, sna other little
pubic corrwpions little sooner thon 1t did. The
Constitution declared that every citizen should
as convict d LIST nd then, iOtsee,h ssia That he
might enjoy the incatlmable blessing OF trial by
jury Let them declare that fact to the thousands
OF crligrants now coming here from the Old des-
there would o. arrive empty By The Jndciary act
crimes against the United states could only be tried
before such courts as had legal jurisdiction Q. the
lumbia was an unconstitutional Court, and had no
more right titan an assassin 70 stretch forth its
take linn away. If that Imperial Police Court,
a. Western paper well put 1t, could stretch forth
n. ~
could put forward It's hand and seize another edi
tor In another district, and thus ill up the prisons
OF Washington vita editors whose views did Dot
coincide with those OF the government III they CID
not now smother this attempt to XIII liberty there
would be great danger. The Declaration Of hide.
pcndence was libel against George the Third, hut
II was libel tina: gained the freedom OF the imer.
can people. The learned gentleman concluded
TO DO the act Which the Distics
Attorney asked IL TO 10.
At the close OF his remarks there was consider
The District Attorney said that II there was no
Other counsel 70 reply, he had nothing to say, but
the Court.
Exynage shpn,an vas about to say something
on beheli OF the defendant when
Judge Blatchlord observed that he WAS entirely
satisfied that he could not grant this Information.
Mr.. Bliss said he desired to hand ND some points.
Judge Blatcbford replied that 1t was not neces-
sary. (Renewed cheers.) He hoped gentlemen
sitution Of the United States expressly declared
that the trial OF all crimes should be by jury. AS he
OF the Commissioner issued solely upon this inior.
nation sworn to in the Police Court: this WAS the
information or Mr. Williams and 4 the OFFENCE was
to DO tried 1t was to DO tried in this Police Court
under the information.
Mr. Bliss made some remarks in regard to cases
which, he contcnded, had been disposed OF IN the
way sought for in the present application.
After few observations from Judge shipman,
on any Of the grounds aud to in tSe cases cited
by Mr.; Bliss He was simply referring to the
clause in the Constitution In regard 10 the right OF
trial by Jury That clause was never sought to
apply TO any other crime than such crimes as bad
been always properly tried by juries. Llbes in
common law had always been tried By jurics.
Therefore, 30 far as he had looked into this case
and he had carefully considered it, he had no
doubt whatever upon the point and, II he was to
regard his oath OF ONCE, Il was simply imp.S-
United states should be tried before iuries
ms Ss have rSS On
over common assaults aud batteries. They all
Of s bRsrc. had relief would ss
to the Courts Of the United States II they should
not be called upon to try every offence, however
right OF trial by jury. lie understood this as an
application calling on the Court to remit this
TO Court which would try it without jury in the
first instance but 1t did not help the matter If the
party had right TO appeal IL ne was convicted
He was entitled to be first tried by jury. and not
to be iii ST convicted. Taking the whole matter he
il was one that sao1ld be tr.sd BY a jury ana on
sround '' upon Witch he he made I this decision
T ns s2 this w w'h asslss 70 ss ssa
libel was a crime always tried by jury. There
was nothing in this ntormation which suggested
Court but this Police Court, aud whether there was
any Court IN Washington that could find an indict-
EeOt he did not Know.-
Ex-Judgc Shpman said there was net.
Judge Batchiord observed that lie regretted he
did not have the benefit OF an argument from eX-
Judge SDipman; but nevertheless, he felt bound
to make this decision, and n,aEe It promptly, be-
cause the proposition seemed so plain that no ex-
animation, no study, could bring him TO any other
conclusion TIC application must be refused ana
the defendant released from the custody OF the
Marshal
The proceedings then closed. On Mr.. Dana leav-
Ing the court room lie warmly congratulated
on the result By large number OF friends.