, 1873-02-28
" SUPERSEDEKSEp.. -.
49,. :. ----=.-=------==--==7 :
Rafferty, Granted New Lease
OF Lille.
The Supreme Court Allows a Writ: o
-~-5 :. Error in His Case. -.
=.
Omission, Ignorance, or Negligence on the
~---. Part Of Mr. Reed. Assigned as, -.
-.~~ . the. Reason. Therefor. -. --..--

Mr.. Edward A: Small; counsel for Chris Raj
ferry, tho murderer Of Policeman O'A1eafa, yes
terdayreceiyed the following opinion from Judge
McAllister, of the Supreme Court, granting ..
sunersedess in tho case Of his CLIENT,
Ac.4tister, J.: The record ii this il presented
In manner prescribed by law, for the allowance OF
writ Of error. Tha statute makes 1t my imperative
duty to allow it. II in my opinion there s reasonable
csusc, which meana material error It T. due to my
Bhew that It Is not done frc*n CAPRICE or from any
TRIVIAL error but Inst agrasa Question, per-
ths Judgement, may be finally and deliberately adju
dicateds Wo governed only ty what appears IN
:a ss s sh9we sas u9 of
Judgments waa rendered at tho septeuopeF term ls.1
In the Criminal Court Of Cook County. After the
lopse Of that term thesame court had no power to a
| The second Judgment OF death hwaa rendered
1 cra caa t. ISL ae s nos
shown ia bs legally arnulled then tho eeoond one is
manifestly wrongt
What Il then to show The FIRST one annu1led Tie
court that rendered tt could not directly anuul
it, and OF 1t could not By plication The rec
ord shos andtt s ali Tint it soss ehow hist a. & the
November tern 1874, of the Criminal Court Of Cook
County, The defendants counsel produced and read
certified copy Of the opinion Of tho Supreme Court
In that cass was reversed and the causa renaanded fr
another trial aud theseupon the court gEaered tae
eoed
eT Judgment because that conrt had ~ power 70 90
It Then did the opinion ttsc1 do It'll Ihera " no1n-
ing 70 show low the suprerie Cont acan1fed 1us1s.
should show The opinion Of the court FLED under
statute requiring give our reasons IN writing aor
every decision is not The Judgment II affords me
direction to guido the clerk IN entering the JudgnenH
The }ud9met Ia another thing atogather n saeh =!
Clerk Of the Supreme Court nroeesa uown ~ re-
m;ths1r, which fully shows how the Curt acquired
3urfsdIction nnd containing copy OF the Judgement
and Remaining order il thcre be It may reason-
a6y b. urged TINT thla rernittitur Is the only way IN
which the Inferior Court can legally Know Whetherth
writ Of error which takea the case from the lower
Court and wholly cut Of its power, has ceased TO Be
pending, whether the cause IL reanded hack TO Ina
lower Court. .-.'
When writ OF error fsBued from the Exchequer to-
the Kings Bench It has been held that without re-
1nfttitur it could not appear to the KnEs Bench 1us
that the writ Of still Pendiug IN the k1-
chequer Chambers. Tdd, p. ], ,1&
reserve for hnal hea1tng then the Criminal Court
Court Of Lake County Jurisdiction to TT and zen.
tence the prisoner, and his execution would be judicial
Tho usual and proper practice in such cases u well
known to all good lawyers, plain, simple and eaay OF
compliance. There IL no fault In the law. The re-
resta with the attorney for the people, He
ahoud have procured the ordinary Mandate from the
CLERK Of the Supreme COURT Il Judgment had been
tualy entered and not entered, then he should ap-
ply to h1ve It done, The mandate should h1vB been
filed In the Criminal Court apd then the ease would
hAva become under the legal control Of that Court.
We ara by such omissions, tgnorAuca, Or negligence
On tbs pit Of the st4tea Attorney, compelled . allow
writs Of error, do violence I'd our own eonsctences
and what Ii worse aid in striking down the entire EYE.
tenn Of judicial trials, according to law Believing
that there 1sa grave question OF error IN this
by the statute allow WRIT Of error, which fs Accord