The daily Argus. (Rock Island, Ill.) 1873-1877, 1874-02-02
TELEGRAPH3[.IC.
RaRertys Case Decided.
Something Startling Com
ing from Washington.
The Macoupin . Contempt
Case.
Fall Of a Railroad Bridge.
Another Kerosene Idiot.
A Big Diamond Robbery by
an Ex-Clergyman.
Awful Execution Of Mar
shall Martin at Martinez,
California.
The Trap Falls and the
Mans Head Flies from
the Reeking Body.

SPRINGFIELD, I'll. Jan 3l.-Judge Nc |
Allister delivered the opinion, this morn
ing, in the Rafferty, case. The court af-
| firms the judgement of the court below and |
| fixes the time for the execution of Rafferty,
on the 9th day of February next Judge |
Scott dissented from the opinion.
The majority find that there was an er-
ror, in this, that an officer of the court be-
low communicated, improperly, to the jury
a statement which might have influenced I
them in their conclusion as coming from
the court, but as the guilt of the prisoner
is so glaring and apparent they do not
think the error sufficient upon which to
order new trial.
Mr.. Justice Scott presented dissenting
opinion, which is as follows
L joined in granting supersedeas in this
cause on the ground that fatal irregulari-
ty occurred at the trial in permitting the
officer having charge of the jury to carry
to them message purportlng to come
from the Judge of the Court | find no
reason to change the judgment then delib-
erately formed. The law is well settled
that the Judge at his lodgings has no con-
troll over the jury, and that it is improper
no matter what it's character may be. If
it becomes important for any reason:to COM
municate with them, they should be
brought into open court in the presence of
the parties Any other rule is liable to
great abuse. Whether the officer in this
instance obeyed his instruction or not, is
wholly immaterial. The message deliver
ed to the jury was given as coming from
the Judge, and was no doubt received In
that belief. The effect, therefore, was the
same had the Judge in fact sent the inden-
; tical message delivered by the officer 1t
is conceded, in the opinion of the majority
OF the Court, it was a grave error that
such a communication was given to the
Jury. Whether it was sent by the Judge
or not, it cannot be tolerated by law but the
Judgment is affirmed, on the ground that
r the evidence shows that the accused was
guilty beyond reasonable doubt This
does not answer the whole objection. The
conclusion would be more logical, and could
be more easily maintained, if the punish
ment in such cases was absolutely fixed by
law Such is not the case. Under our
statute, in all capital cases the jury are in
vested with discretion to say what the
punishment shall be,-whether it shall be
death by hanging or Imprisonment for life
in the Penitentiary, The evidence in the
record leaves no room to doubt the jury
were hastened in their finding by the mes
sage delivered to them by the officer. In
view of this fact, the measure of punish
ment to be inflicted in case of conviction
was in the discretion of the jury. Who
can say they were not haStened in their
n verdict, to the prejudice of the accused ?
1t is the rightsof any one charged with
= crime to have the calm and deliberate iudg-
ment of the jury selected to try his cause,
and the fact that their deliberation may
Z have been Influenced by any cause what
ever is error so prejudical in a case like
this, that it ought to be ground for the
reversal of the Judgment 1t is not mere
:, lirregularity. 1t may have injuriouslY at
) fected the merits of the case.
For the reasons indicated, feel con-
I. strained to enter my dissent to the judg-
c. ment about to be pronounced,
y WASHINGTON, Jan. 31.-A double-lead
= ed editorial paragraph in the New York
Tribune for to-day announcing that the ed
itors are in possession of startling docu
- ments gravely affecting high officials, has
created considerable discussion in all cir,
cles here, especially among Congressman
who manifest great interest in all such ma
ters of late. The paragraph referred Il
further states that, while the publication
seems to be clear duty, yet the editor il
unwilling to give the papers publicity while
the remotest possibility ofdoubt as to thei
authenticity remains, as the facts they al
ledge must bring discredit on the Ameri
0. can people, and that a thorough investiga
ton into their authenticity has been set OF
foot and will soon determine the matter
{ pending which they are withheld. The com
'' monty expressed belief here tonight is tina
the papers referred to have relation to tn
ar Pacific Mail subsidy jobs.
nu SPRINGFIELD, ILL.,, Jan. 31.-The Ma
: coupin Supervisors were arraigued this at
\ ternoon before Judge Treat for contemp
}, of court, land through their council peremp
torily refused to obey the mandate of tn
court. Judge Treat said; well, if the
won't obey, the court can't compel them
They can go home, and I'll enter up tn
fines in the case after consultation wit
Judge Drummond He will probably fin
them nominally.
SPRINGFIELD, I'll, ,,Jan3l-Senator Case
offered mirthful resolution this morning
reciting that Senator Burke was now
the hands of the minions of the FEEDER;
Government, and that as this act was sur
10 UFing Oh couHlct petWeeu Tile Dtdtc du
Federal Governments,
'ResolUed, That the Sergeant-at- Arm
n march the Senators to the arsenal, arr
~ them and stow them away in some sal
place, to await the direful fray
Senator Burke is one of the Supervisor
of Macoupin county, and as such is In col
tempt of the United States District Cour
1t is not known whether he will assert h
high prerogative' as a member of ii
i, General Assembly and deny the power
arrest him.
PEORIA, ILL.,, Jan. 31.-A fearful al
fatal boiler explosion occurred about
o'clock this afternoon at Shields boile
g works, resulting in the instant killing
Be- John Shields, proprietor, and serious inju
for of William Scanlon, employe. The M,
y were engnged in testing new boiler wi
IS. steam, and Shields was superintending Il