The New York herald., 1878-11-26
Camden'S Murderer Makes a Final Effort
to Escape the GallOwS.
THE STATES ARGUMENT.
An Ingenious Plea on the Question
Of Jurisdiction.
MR.. ROBESON'S POINTS.

One CT the most important that came
before court of justca in this State was commenced
in the Court of Errors and Appeals il this city to-day
The result involves the life or death of Benjamin
Hunter who is under sentence of death for the MUIR
der Of John NJ. Armstrong. at Camden, in January
.last. This is the first tried under u new law
which was passed by the Legislature last winter,
Senator Magic. of Union county. having been mainly
instrumental in having it enacted. The law reads as
follows
Az ACT regulating proceedings in criminal eeses-
Be enacted &c That Tho cghtythird section o the
ss.es Gsysoa approved Maisk Y, is7a, which j i
panhaSe With death snail be AZ wits right
aea % d il Be- as %
and shall Issue but by order of the for the
shall to Assony
and j. is hereby enacted as Follows
Writs Of in all criminal shall be considered
panshsble with death Sriss q error shall Of
and shall be heard and determined said Court
next after The Judgment Of the Court below for good
cause to any subsequent term.
In 1877 similar law was passed to meet the
Of Oschwald and Ryan. who executed in Newark,
but it was vetoed by Governor Bedle
HUNTER PROCEEDINGS.
During the proceedings to-day the court room was
crowded to excess. The members of the Court
Chancellor Runyon. Chief Justice Beasley, Justices
and Dixon. and lay Judges Green. Lathrop. Dodd.
Clement and Wales. The 10 entitled Benjamin
Hunter VS.. State of New Jersey. Indictment for mur
der. writ of error to Camden Oyer and Termincr.
Ex-Secretary George NJ. Robson appeared for the
plaintiff i'll error He opened by giving brief his
tory OF the case. On the 23d Of last January.
John NJ Armstrong was stricken in the State Of
New Jersey, within the limits Of the county
of Camden. and WIS found wounded at
seven O'Clock Of the evening Of that day in the city Of
Camden. and during the course OF said day
moved to Philadelphia. where he died within two days
afterward. Benjamin Hunter citizen Of Phadel-
phia has been indicted by the Grand Inquest of the
county of Camden for the murder of Armstrong.
During tho trial Of Hunter various points for
the consideration of the Court to forms Of
the Indictment. the power and Jurisdiction OF the
Court and the admission Of testimony. Twenty-Five
exceptions taken altogether. After arguing for
some time Mr.. Robson submitted the following
points,
MR. RoBEsoN's ARGUMENT
Frst-The first count OF the indictment contains
avermcnt OF the place ut which. or jurisdiction
within which, Armstrong died, except by inference
from the place where the blow is alleged to have been
given. this is the only avernent Of place in the
count and this Is an averment OF his death in New
Jersey.
Second-The sixth count Of the indictment contains
no averment Of the death at all II the avcrment of
the time and place of death is contained in the gem
era avernent Of the murder made in the count then
it is averment of the death OF Armstrong in the
Third-These two counts then aver the death of one
John NJ. Armstrong, who died In the State of New
Jersey but the remaining four counts OF the ndict-
ment each the death of one John NJ. Armstrong,
who died in the State of Pennsylvania.
This s not different form OF government Of the
same crime. but the two classes Of counts directly
and positively aver two different things which are
impossible to be the samc--namely. the first aud
sixth. the death OF John NJ. Armstrong, who died in
the State Of New Jersey and the remaining four
counts the death OF John NJ. Armstrong, who must
ss ssf ss a Ssd n a
strong is meant in each. but the counts
IN M easp p ss pe' one 0s Jshn n. sarnn Arnsssrons
This shows ali indictment containing two distinct
charges Of felony and murder done by the prisoner
upon two different persons-one set out and charged
ia tho first aud sixth counts and the other In the
manning four counts Of the indictment. This makes
the Indictment multifarious, incongruous and bad
Fourtt--The verdict rendered and recorded that
the prisoner 'guilty of the felony and murder in
the first degree against him above charged, in
ner and form he stands charged in the Indictment
This verdict and the judgment rendered upon 1t
under the facts above set forth are bad
FlfM--Thc prisoner was injured, because II he was
presented aud put on trial for two murders he was
entitled at least to double the number of challenges.
It matters mott that the State proved but charge.
Ii the prisoner was by put trial for two he was
entitled to all his rights under both as his trial pro-
Vressd and to be deprived OF any ono OF them was to
be injured. ar
ERROR IN THE COUNTS.
Sir1-The Court erred in admitting the declarations
vi
afternoon of the sd day OF January to tho effect that
he intended to that evening to Camden III company
with Mr.. Hunter. said declarations not been dying
decarasons made IN the presence of Mr.. Hunter.
under any circumstances which made them com
petent evidence III this case
Sereau-The same objection applies TO letter writ
ten to his wife by ARMSTRONG the afternoon OF the
said Esd day of January. containing like statement
EiQtit--Thc Court erred in admitting the de.lara-
ton of John NJ. Armstrong made on the I'D day Of
December 1871 to Joseph Ashbrook, on the occasion
OF his application for life insurance policy to the
bs ,ul hcas s,1.nf r.ti
declaration utterly irrelevant to the and
calculated to prejudice the minds of the jury, the
suggestion that it was made ut the request of the
NinU-Thc Court erred in admitting in evidence the
letter Benjamin Hunter TO John NJ ARMSTRONG writ
ten the "a day of December 1877 suggesting tnat he
leave OF his truss the occasion of his application for
insurance, tine said evidence being entirely irrelevant
to the issue in this and calculated only to preju
dice the minds of the jury The Court erred III adj
nitting Lydia Graham vile OF Thomas Graham 10 be
swofn and give testimony in corroboraton OF tic
statement confession of her husband that he had
been guilty of the infamous crime OF murder.
Esth-Ine Judgment in this case ought to be re.
have been mardoied by the prisoner, died out OF
the state OF New Jersey and in tho State OF Pennsy
vanis and within the separate territory and exclusive
turisdiction OF the said State OF pcnnsy lvanis
WITHIN THE STATE On EEw JERSEY
Thus the death and crime Of murder consunnated
b. IL took place OF the jurisdiction of The state
Of new Jersey and within another acknowledged and
exclusive jurisdiction, and 80 beyond the Judicial
knowledge and co,nizancc of the Court of Oyer and
Terminor Ut the county OF Camden, to which the in
dictment was presented and where the Judgment
rendered Under these tine death cou.d
not at common law be inquired of by the Grand Jury
OF the county of Cgmdca nor the prisoner bo tried
for the crime OF when 1t essential part by the
court. of said county. And statute OF New Jersey
has given to the Grand Jury and the Court this
power.
He elaborated at length on the question of the
Jurisdiction OF the Court in fact dcvoting nearly his
whole time 20 that point. lie defined murder, say
ing that unlike most other cssrs-it consists
of two essential clements without which IL could not
exist. 1t consists OF feorious blow and then death
Murder Il complex tcrr denoting several facts Of
which the death Of the party Is essential u y cont
posed OF two elements, the stroke AMI the death In
this case tho stroke given IN Camden aid death
occurred IN phadcirhia; therefore the case Mns out
side or the jurisdiction uf the Court below. lie cited
numerous authorities ~ sustain his argument Among
them being many English ones. He quoted aa Eng
hs ease OF stroke being given the high seas and
death ON land where the Court ordered the ncqutta
OF the prisoner becansr death OCCURRED outside OF the