The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-08

plice of Hunter the Chief Justice holds that lit h
altogether settled that the wife is competent wit
ness, when the husband is not party to the suit
testify 10 facts that merely tend to his elimination.
provided the facts proved by her do not manifest thaG
an indictable offence has been committed by him.
This exception should be oyerrued.
The eleventh aud last exception Is thus
pressed 1.-THE Judgment in this case ought to Ia
reversed. because John NJ Armstrong. who is alleged
to have been murdered by the prisoner. died out Of
the State OF New Jersey and in the State Of Pennsyl
vana and within the separate territory and exclusive
jurisdiction OF the said state of Pennsy lvania.'-
The question thus raised is relating
tirely to the meaning and effect OF one of tho
statutes of this state. and ii was treated
by the counsel of the paintif in in his argu
ment addressed to this Const. For his contention
was that by the rules OF the common law and except
for statutory aid the conditions OF the case being
felonious and mortal blow within the territory OF
I'M s'as ana the occurrence oI the resulths ueat
beyond the limits Of such territory. the criminal act
could not be treated and punished murder
within this jurisdiction. After quoting the language
or the statute the Chief Justice concludes that
jurisdiction is given to the courts OF this State to
try and punish such murders. The clause has q
meaning perfectly clear and definite. Ii describes
with faultless accuracy of phraseoogy the place i'll
which the jurisdictona facts to occur: the NOR
tai blow il 10 be struck within the Jurisdiction of
this State in the ease. upon the sea ors
at any place out Of the jurisdiction of this State in
the other: and the same words define the places in
which the death is to happen. Why then, should not
this act be understood and enforced according to its
plain imports? claim 10 jurisdiction extra ter
ritoral crimes from the fact that the death resulting
from such crime occurred within such jurisdictions
has been decided by courts whose decisions are en-
titled to the highest respect to be Legitimate exer~
else of the powers of government.
Such was the result reached after an elaborate exA
animation of the subject, by the Supreme Court OF
Massachusetts, in the of the Commonwealth
Macloon (Ol Mass II. and the English statute iS
held by the courts of that country to give jurisdicA
ton whenever an Englishman has committed MUIR
der the victim dy ing within the realm, although tho
fatal blow has been struck in a foreign country
1t is, therefore. utterly out of the questions
to concede that result thus accredited
is to be considered SO abnormal and monS
strous to raise conviction that such
result is not within the statutory intent when tho
words of such statute plain to that end. The
only question is whether the Legislature designed to
enact statute covering this The statute must
be read according to its terms and in that sense it Is
applicable to the present case.
After full consideration or all the points argued
OF opinion that this Judgment should be affirmed.
All the rest Of the Judges, fourteen in NUMBER
concurred.