The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-11-26
PRICE TWO CENTS.
BENJAMIN HUNTERS APPEAL
SHALL THE PHILADELPHTA ASSASSIN
90 TO 7NE GALLOWS2

The Biow that Killed John NJ. Armstrong
Struck Beyond the JurisdIctIon Of Penn
syivania Courts-G. N. Robsson's Argument
TRENTON, N. j., Nov. 25.-In the Court OF
Errors and Appeals here TO day the case Of the
appeal for a new trial Of Benjamin Hunter. who
Is under sentence OF death for the murder OF
John M. Armstrong. was argued. The court
room was packed with interested spectators.
and close attention was paid to the arguT ents
OF counsel. 1t Is the first cass under the new
law. passed last winter, making n writ OF error
n writ OF right In criminal cases punishable
by death. Hunter wns tried. convicted. and
sentenced to be hanged on the 10th OF next jan
uary. His counsel took twenty-five exceptions
to the ruling OF the Court the principal one
being the alleged want Of jurisdiction, on the
ground that the blow was struck In one Stnta
and death happened In another State. Under
these circumstances, Hunters counsel con-
tended the death could not. at common law. be
inquired OF by the Grand Jury Of the county OF
Camden. nor the prisoner be tried for the crime.
OF which death was an essential part. by the
courts OF said county.
O. NJ. Robeson made an argument OF near
three hours duration to sustain this and other
minor points. He quoted extensively from tho
English statutes. going back as far AS the reign
He was followed by Prosecutor Jenkins Of
from the evidence in the case nj various times
and cited number Of authorities. Among the
propositions he submitted were that II is an
undoubted rule OF law at the present time that
II one count In an Indictment be good. i will
be sufficient TO sustain a general verdict of
guilty. although all the other counts are de-
fective that is, there is nothing in the Consti-
tuition Of the United States the laws Of nations.
or the Constitution OF this State TO restrain the
Legislature from enactng such n statute rs
that now in question. An indictment properly
framed upon such statute is unassailabe, and
a conviction In due form Of law upon such an
Indictment cannot legally and properly be set
aside; that the jurisdiction OF the State
OF New Jersey is coextensive with the
Legislative, powers OF the State: In refer
jenkins submitted that in the absence Of any
reliable case. either In this country or Great
Britain. antaRonistic to the view adopted and
expressed by the court below. and in the pres
ence to the contrary Of the cases in Great
undertake to- say that this law in question,
which we find upon the statute book Of one OF
our oldest States. Massachusetts. M well as one
OF our youngest. Colorado, n law which Great
Britain has had for nearly two centuries. and
some OF our States for well nigh n century
thought II necessary to adopt, and which four
OF them, through their highest judicial tri-
bunals, have directly or indirectly approved
and sustained in view OF all this he submitted
that this court will not pronounce this law in
operative. but will, in like manner with other
probation OF the court below. Contemplate"
he said. what immunity to crime would result
from this statute being made dead letter"
Auorney-General Stockton followed, and.
after speaking about twenty minutes. the court
adjourned until to-morrow morning. Then
hat the question Of jurisdiction raised By
Robeson.