National Republican. (Washington City (D.C.)) 1872-1888, 1873-03-17

No Rehenriug for O'Drlen-Thc Conclusions
Of tho Court on Ocucrul Boilers Motion
for n HshenrinR OF the O'Brieu Cuse-
The Motion Observation-Disclosures wylio
and OlIn Concur with Justice MnaArthuT--
chief Justice Cartier DIsscnts.
The courtroom at the City hail presented on
Saturday last another Of those painful scenes
which crime and Its mastery by justice render
necessary. n. II. O'Drien, convicted OF the muir
der Of Samuel Cunningham at Green Springs,
Georgetown, In July last, and sentenced to be
hung on the 18th instant, was brought into the
court room, resoluto looking, but pale and down
cast, to hear the decision Of the court on the mo-
ton submitted by General Butler in his behalf,
on the previous Saturday, for rehearinH Of his
case. Mis- wife and mother accompanied him,
and were tho centre to which oil eyes were d.
rooted. 1t was sad group. and drew the pity
Of the assemblage.
Shortly afterwards the court opened, and
silence was secured In few minutes After
called.
Mr.. Justice DIN delivered the opinion Of the
court from manuscript notes.
Judge o. at nrst adyertei to the manner in
which the case came TO he considered second
Tune by the court IN bdnc. lie noticed the regular
appeal, which serves In this court in the place
Of writ Of error, and the decision Of this court
there Tpts was usually The end IL appeal
NhstN Dul lALpt hlteT tue appellate decision has
been rendered, there comes counsel, who did not
appear below as dmicUs cUrp-brnps thla pro-
ceeding In the nature OF writ Of error noTdm
nobi-.
In this way the court Ia asked to review the
former process In the light Of new aTRuments
but tue record presents now nothing which II
dld not present when the court decided the case
before. II had been argued, however, that as
the Indictment had been found against the
statute In such case made and provided and con-
cludcd against the peace OF the United States,
no verdict could be found under II because the
United States had no statute against murder:
hut inurder was an offence at common law and
was consequently properly alleged TO he against
the peace Of the United States In q place where,
as In this District, the Cnited States had eX.
elusive Jurisdiction.
As to that portion Of the argument Of the coun.
sci which was made In support Of the PROPOSE
tlon that the law implied no malice except In
cases where the slayer had laid In wait for his
victim, he was not Impressed by them. The i'm.
Piled malice OF the law was In the unlawful In
tent TO XII, and when that was established to
the satisfaction Of the Jury the law Implied
malice. lie was satisfied that there had been no
atroclous murder. Tue motion for a rehearing
must be oyerruled.
Nj. Justice wyte cOncurred with Judge Olln,
and thought that II there had been any error he.
low II was In thcso rulings which favored the
prisoner.
The chief Justice dlssented. saying that he
held nov, 6 formerly, that the whole law Of
charge Of the Judge below.
Al the close Of the rendering Of these opinions
the spectators retired. O'Bnen was taken back
to jail, whittier his wife and mother had pre-
| ceded him. and was placed In his cell ironed lie
has no hope that his life will he spared.