The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-07-17
THE DANA.sHEPHERD LIBEL
CASE.
Judge BIatGhfOrd RsiuDes to Send
Dana TO Washington for Trial.
The POpulaCe sympathize with Dana
fn s iarf M NEW York, July 10.

The Populace Sympathize with Dana
llri eff NJ NEW York, July 10.
The u. 8. District Court, Judge Blatch.
ford, presiding, Is crowded to-day to hear
the argument, which isproceeding on the
application for an order removing Ohas.
a. Dana, Of the Sun to the District ol
Columbia TO answer the charge Of libel pre-
ierred by Vice President Shepherd ol the
Board OF Public Works.
Judge Blatchford denied the applica-
ton for a warrant for the removal Of
Charles A. Dana 10 Washington for trial.
Judge Blatchlord observed that he was
entirely satisfied that lie could not gran
this information. Cheers.
MIR. Bliss then desired to hand up some
point. H.
not necessary. Renewed cheers.l He
hoped that the gentlemen would refrain
from applaudi6g in court. The con.
slitution Of the United States declared that
the trial Of all crimes should be
BY Jury. As he understood the applica-
tion, II was on q warrant Of the Commits
sioner, Issued solely on this information
sworn to In the Police Court. This was
the information Of Mr.. Williams, aud III the
offence was to be tried, It was TO be tried
In this Police Court, under the inlorma-
tion. In continuation, Judge Blatch.
ford said he did not decide the
case on any Ol the grounds alluded
to In the cases cited by Mr.. Bliss.
he was simply referring 10 a clause in
the Constitution in regard 10 the right Of
trial by Jury. That clause was never
sought 10 apply 10 any other crime than
such crimes as has been always properly
tried by juries. Libels in common law
had always been tried by juries, therefore,
90 far as he had looked into this case, and
he had carefully considered 1t, he had no
doubt, whatever, upon the point, and
IL he was. TO regard his oath Of
office, il was simply impossible not to
say that all crimes against the United
States should be tried by juries. He did
not mean 10 say that this police court at
Washington might not properly have ju'
risdiction over common assault and bate
RIGS. They all knew oil the special ses.
sion, and he knew that the judges Of this
district had felt what reliet II would
be TO tho courts OF the United States
II they should not be called upon
10 try every offence, however small, but
tho answer to that was the inestimable
right OF trial by jury. He understood
this as an application calling on the court
to remit this case TO court which would
try II without o jury in the first in.
stance. But II did not help the
matter II the party had q right
TO appeal il he was convicted. He was
entitled 10 be first tried by q jury and
not 10 be first convicted. Taking the
whole matter, he said If this court had
the right to try this offence 1t was one
that should be tried by a jury, ind on
that ground alone he put this decision.
The ground upon which he made this de-
cisIon was solely with reference to tho
fact that this was a charge OF libel, and
libel was q crime always tried by 8
jury. The proposition seemed so plain
that no examination or study could
bring him 10 any other conclusion. The
application must be refused and the dc.
iendant released from the custody Of the
Marshal. The proceedings then closed,
Dana leaving the court room. he was
warmly congratulated on the result by his
friends.