The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1873-07-26

In April, 1868, by common consent, the
case was returned, by an order of the Hart |
circuit court, TO the Warren circuit court |
for trial Since that time three trials have |
been had, each resulting in hung jury. |
The case was again called in the circuit |
court here last Monday when the attorney |
for the commonwea moved to transmit |
the papers in the case TO the Hart circuit |
court and have the prisoner appear there |
for trial. Pending this motion the coun-
sci for the defense moved to have the case
stricken from the docket for the want of
Jurisdiction. Both of these motions were
argued together by Messrs. Walker (com-
monwealth's Attorney Bates and Halsell,
for the commonwealth, and by Mossrs.
l,odcs CORN and Hollingsworth, for the
defense. The attorneys on both sides
agreed that the court hsd no jurisdiction
Of the case, as the law provides that "not
more than one change of venue shall be al
lowed TO any person in the Same case"
But the attorneys for the commonwealth
| contended that while the court had no
| jurisdiction 70 try the case, it had the
| right 90 make such orders in the case as
would bring 1t properly before the court
having jurisdiction. While upon the
other hand, the counsel for the defense as
samed that il the court has no jurisdiction
90 try it, il likewise had no jurisdiction to
take any stops whatever in the cause other
than 10 order 1T stricken from tho docket,
and upon this ground they contended for
the granting of their motion. The laws
referred 10 and relied upon by the attor-
noys on each side were sections l66 lG7
and 22s of the criminal code and sections
/ I and page 70 OF Myers supplement,
.lA NJ a. Il Ian
Bowling delivered quite lengthy opin-
ion, in which he took the ground that the
Hast circuit court had no authority to re-
mand the case to this court for trial, and
that, therefore, this court had no jurisdc-
sion of case, but tina, i, had the right, I'M
der section l66 of the code above quoted,
to make an order TO transmit the papers in
the case to the court having jurisdiction,
whereupon the following order was en-
tered
son motion OF attorneys for common
wealth it is ordered by the court that the
clerk Of Warren circuit court send the or
y iginsl indictment in this case and the
n original papers in this case, including his
recoguzance for his appearance in THU
u court TO the clerk Of the Hart circuit court
q and tho prisoner Charles Loving, is re
: quired TO appear in the Hart circuit cour
+ to answer sn indictment for murder foun
in the Warren circuit court and heretofor
transferred to tho Hart circuit court b,
change of venue, it appearing that ihi
1 | court has no jurisdiction of the case bu
, that the jurisdiction belongs 10 the Har
, circuit court. And the court further or
ders that the clerk of the court, in trans
+ hitting the papers of this case, shall ais
transmit with an official statement an OK
hibit from the records Of this court Of al
tho proceedings had thereon since thi
case was transferred hither by the llar
: circuit court
, This il n peculiar case, and probabl
O without o parallel in the history of Amor
:. lean jurisprudence. Three trials wer
: bad, in zach Of which the accused cam
II near being convicted lin the last trial
y there were eleven jurymen for convietio
r. and only ono for acguittal) and it after
wards appears that tho court haG no iurn
=" diCtion Of the case and that convictio
n at either one Of the trials would have bee
is null and void. These three trials in
M court which Il is claimed had no jurisdiC
- tion, covered period OF more thsn fly
- wears. Loving's counsel will now doubt
10 less contend that tho Irregularities in I'll
n proceedings heretofore had also deprive
; the Hart cuuIt of jurisdiction, and IL il nc
et all unlikely that the action Of the coul
Monday will provo tRntamount TO an n
&c quittal of Charles Loving, whose case II
IL attracted so much attention In this cor
nd munity Cor tho last i've or six years