, 1874-01-27
THE STATES ATTORNNv

States Attorney Hood thon roplied. citing th
record to show TINT no material facts woro sup
to tho charge TINT Bcanlon committed perjury
he showed that the question OF tho truttfuinos
of his Testimony was fafrly submitted to th,
jury, by tho instructions OF tho Court below.
trANsLAuoHTEn,
10 tho third aaai8uod orror--that tho tosti
mony shows that, at tho utmost. Rafferty, wa,
guilty Of manslaughtor only, Mr.. Heed make
"nstW.er that tho Jury passed upon this question
na. ns thoy % woro expressly instructed, that II il
scanlon III tho attempted illegal arrest, thor
Kaftorty could only bo found guilty Of nun.
| slaughter, and "undcr such instructions and
ad eosre eH tbat the c3a 3ey aooany found
| mnnslanghtcr. I do not boliovo or fear that
thts Court will say that tho Jury was not ,1sifcd
in finding such verdict, Tho evidence is brief,
anu makes oaso OF foul aud horrible murdor.' y
THE JURY.
Tho etato'a Attorney, in reference to the
charge that tho Jury. woro improperly hastoned
IN tlndlnB their verdict, oarnestly st1bmita that
the conduct OF reokloss, corrupt, 1neddlosomo,
Or impertlnont officer cannot and should not
any woaithy criminal could escape punishment
by u,orely inducing an officer to Disregard hia
Bworn duty, Ho submits 'T'hat tho true rule,
4nt! @ + tue only true rule, in caso like this Ia:
-! ~ Tue eondnot Of the oicer infect the morta Of
the oaso' and prejudice tho rights OF tho ao-
ouaed7 No other r,l1o or decision eau be adopt
I'd, consistent with tho duo and proper edmi,ais-
tfatlon 81 public tuutico. OF courao all Of tho
served and saored1y guarded"
THE INSTRUCTIONS,
AZ to the Assigned errors in giving md With
holding lnatrncttons, Mr. Nood mnluta,us that
r. re- action Of the Court was proper, as was also
fy CONCERNING 2 conversation lad, three days
boforo tho shooting, with RafTorty, In which tLe
latter Expressed deliberate PURPOSE to shooting
down any, officer of tho Bridgeport squati who
shonld atto1npt to arrest ltm and, In shooting
cd purpose.
The eleventh, twelfth, thirteenth, fourteenth.
md afteonth assigned errors ara not considered
OF sufficient Importance to call for any argument.
being sufficiently answered in the record.
THE rREJUp1cED 1u1ton.
The sixteenth error aBslgned is TINT ope of
tho juror, Charles Abrecht, has oxnresaed a
fixed opinion Of harerty'a guilt before tho trial.
"llis, y sayb tho stato's Attorney, "is fully an-
sssered by tho affidavit OF tho juror contained in
tho second page. He states therein That llo told
RafForty'e counsel, on his examination, tint ho
had heard OF the case md Ind an opinion con-
cernng 1t. II ho was thereupon isccoptcd 6y
TIC counsel neither he nor his client can COM
plain II person consents to lnYe his case
tried By juror who tells him in advance that
ne ne, has IN opinion he cunnot Afterwards urge
-, In conclusion, MIR. Roed directs attention to
VIZ os"'Ase h14c4 oH5bs - AL executions which
go merely to tho form Of an intlict1nont shall be-
made before tho trial, aud no motion In arrest Of
Judgment or writ Of error, shalI DO sustained Tor
any matter not Affecting tho rcal merits Of t]o
ohonse charged in the Indictment" And adds:
:" am not awaro that this Court has ever
given aly judicial construction 10 tlo expression,
. tho real merits Of tho offense charged in such
indlctmons.' What do these wor<ls mean Are
they, idle and vain, with no force or power
whatever, Or arc they to BIZ considered as
possessing vitality, and binding upon the liglost
judicial tribunal Of this great and growing
htato7 They must have been Incorporated into
tho laws Of this State for aomn useful purnogo.
They clearly refer to the question Of tho guilt or
donce in the record. They can hnyo no other
meaning or import. No construction can strip
them OF this meaning without violence to them,
Such being tho case, I submit TINT not single
assigned error 'affeots tho real merita of the
oifense charged in tho indictment III this case.
II THIS is 30, then this Judgment should 10 af-
drmed by reason of thiB Btsltuto, If for no other
reason.h
:. After tho arguments Ind bocn concluded the
Conrs took the matter under alyiacmept, An
opinion is not expected until tho close Of tho
crm.