The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-11
CANDEN'S CELEBRATED CASH.
The Alleged Murder Of John N. Arm
strong by Benjamin Hunter.
BEGINNING or THE TRIAL or HUNTER
Prisoners Counsel Object to the Indictment,
but the Case Goes On.

CAMDEN, N. j., June 10, 1873.
After two postponements, caused by the sudden
disappearance OF important witnesses, Camdens 'cel
ebrated casc' to-day TO trial II Is open
question whether the threo principal witnesses Of the
State whose absence necessitated previous adjourn
ments, spirited away by substantial In
ducemonts or whether they merely away
from sudden inclinations Of their own Be that
as It may, their arrest and safe custody
In the Shcrins enabled public prosecutor TO
20 this morning with the trial OF Benjamin Hunter
tho Philadelphia business man. who is charged with
OF the most brutal and mercenary crimes Of tho
century--the deliberate assassination OF his friend
aud business partner Tor the purpose OF obtaining,
the price OF his Decd $4,000 nfc Insurance money
she policies for which mad been assigned TO Hunter
Tor paltry debt
The principal facts concerning tho murder OF John
N. Armstrong, the music publisher, oil Philadelphia,
In deserted street IN Camden, whore no had been do
coyed for the purpose, must be familiar to the readers
OF the HERALD. The crime was a recent one, having
been committed the night Of January % last and
its horrible features nlled tho public mind and
caused so much excitement when II was declared by
the arrested confederate OF Hunter that he and his
employer did murder tho details OF the case
need mot DO expected here.
COURT ROOM.
Within the bar the incommodous space sacred to
the Judicial presence, the lawyers, the prisoner the
parties Interested In the case and last,
taniy least in numerical sense. rcE On
the right OF the enclosure Of the bar three law
yers or the prisoncrdr. George NJ Robson, ex-Sec-
rotary OF the Navy, rel faced and we'll fed;
II. acovel, ioquacious man. looking tue poIitician
Pn,ladephia civil lawyer, whose presence in
this criminal case Is owing TO his long bust
Just behind them the vile and daughter oil the
prisoner heavily yelled. 50 that 1t was Impossible Tor
| their features 10 DO soon. Beside them
/ uutv thn nj mn
aercr that had 10 look twice 70 DO convinced that
II was hts brother, Jonn Hunter, wealthy man, VINO
Is SAID declared that he will spend every cent
he possesses 10 save one VI his family from tho dis
grace OF death upon tho galIows. Beside him, again,
sat his legal adviser, Mr.. Hinchey, OF Philadelphia
In front OF the bench sat Prosecutor Of the Pleas
| Richard s Jenkins. and hts assistant, Wilson
temperament with twinking gray eyes and very long
and lowing brown mussachss. precisely alike every
trngcd with gray.
Inere were inreo judges the bench-Judgo Wood
hull presiding, and either side Lay Judges Wools
| ton aud Hornor Judge WOODLANDS lace IS striking
from its resemblance TO the pictures of Charles
Dickens He has the same drooping eyelids and tho
same shaped beard and moustache, although his lace
is thinner aud his HAIR has not tae dandyish curl OF
tho great novelist.
Except Frank Armstrong, q son of tho murdered
man. none OF tho Armstrong family were observable
10 tho court room, which was perhaps explanaOs on
tho ground thur they knew tho proceedings OF the day
would be Of preliminary nature and would not reach
BEdiaxixG THE PROCEEDINGS.
At hvo minutes past ton Juage Woodruff the last
conner having taken his seat. the crior opened
This Official IS n venerable gray-haired ancient, VINO
| ratified of his old-ashionod English formula Ia
astonishing nasal tone that could have been tho
suit only Of his years OF practice
A,sr tho Clerk had called roll OF the panel OF
sixty jurors aud the extra constubes appointed to
portant trial Prosecutor jenkins ana sa,d:-
"Aay II please the Caur. the State ready move
tho Indictment Of Benjamin Hunter"
Judge Woodnuli directed, "Let tho prisoner DO
Alter tho prisoner had taken his scat Mr. Robson
he Xlslo 10 w "A RAW
plea OF not guilty 70 enable his colleague 10 o
motion to quasn The Indictment. Mr. Thompson tn en-
presented the following written reasons support Of
his motion TO quash tho indictmcnt:-
DispUTIxa INCH
First-becauso tho Indictment joins u count for
killing Ia Now Jersey with three counts Tor death IN
Pennsyivana, Tue same beng distinct offences at law
ACCOMPLISHMENTS tho defendant IL called upon 20
answer by ono indictment two certain SPECIFIC and
independent ieonies
ing the alleged offence OF Killing one John NJ Arm.
strong Ia two States-vz., one In Pennsylvania and
FourU-Because inc indictment 10 detective In JOIN.
ing counts OF felony Tor the alleged killing OF John ~
Armstrong In two distinct places OF different jursdn
ton.
Fitlh-Because the first count AYERS no doath within
the Jurisdiction Of TINS Court.
SaxA-Because OF incongruous counts in tho same
Indictment.
Sepent.-Bccause tho second. third, fourth and nth
counts set forth no hon cdai offence at law and no
JURISDICTION of this Court over the sama
Mr.. Thompson argued NJ length IN support oil his
motion, tho following beng synopss.-
ave suppose nr.t, may II please the Court that
this Indie ment presents such number oil charges
to make 1t incongruous throughout. here the Ieio-
mes arc distinct Tho nr~t AYERS tho assault upon
John NJ. Armstrong IN Camdcn county. l. Is only by
Implication however, that tho STATE aver that too
death occurred IN tho state New Jersey The place
IN which the murder took place must DO nxcd IN or
der TO show the Jurisdiction Of the Courl.v
Mir. thompson lnen rcau tbs clauses OF tho indict
10 show ,he absence VI words 10 give the place
OF jurisdiction as TO tue cause oil death.
snow, may IL please the Court" continued Nc
Thompson, I'm all fairness to tho prisoner ne should
know upon what charges he Is brought before this
trlni HIM Ualt tnnxy no.It
common aw II "a man WIS assaulted IN Que county and
died In another there was no law under which the
sfho statute OF New Jersey bearing upon this
nnnrs provinces that where a blow Is struck thus
and the victim dies IN another Tho accused shall
be tried IN this state"
Mr.. Thompson read tho statute referred TO. tho act
1874 AS tate as 1869 ihat statute received
slrucoD by tho supreme Court IL tho oi tho
state vs.. Carter la tue case tLe blow was siuck IA
Now York aud tho vctim died in New jersey. Now
the Supreme Court aseded that tue accused was not
tud!ctablc in New Jersey The Supreme Courl said
the STATE q New Jersey was an independent GOV.
OF Offences against The law Ia different parts oil the
United states.
.'Now, wnerc the blow IL struck IN this State and
the victim dies IN another. this complex question
arises The man must dic before u Is murder. rho
victim struck aero, but he did die here. Under
TINS indictment tnoro were, nou constat Two John M.
Armstronss--ouc IN tue couGy VI Camden and one IA
tie state OF Pennsylvasia--t5t In to say, tho de.
| fcnaaIt Is charged with numbering John N. Arm
strong IA The State OF New Jersey aud aiso with
deriug John ~ Armstrong 10 the state OF Ponnsytya.
MIA. We cannot now the Court proceed w.tn
| this ease Ia It's present shape"
Mr.. Wilson n. Jehkins answered. Ito con,ended
that the place whore the man died wss a secondary
matter; that all ths forms had been observed
ing the indictment, presenting the following reasons
way tho Indictment should not DO quash H.
lra-Hecausc every one OF the six counts IL ~
every respect vol pleaded the hrst being per-
fcc under the common law pfccedcnts, nnd the eoc-
oud, tnrd fourth, nith aud SIX counts plyiug 10
all respects with the provisions OF tho law relating 10
offences created by statute.
Al rs VOL settled general rule, says Air. Wharton,
N his American crimiua Law, vol I. see. s14, INA.
IN an Tor uueuce created Dy statute IL
W Sufficient 10 describe The offence 10 tho words oi
the statute Ana tnat these counts so described u
have afesuy fully shown
.Setond-Each Of these counts charge n substanii vc
conpIct. offence. and nothing better settled than
II any or oitbor vi them IS @vVd lie indictment eau.
NOT De quassed Gas Wharton says Ia his American
CIR tninaI Law, vol 1. page 424L
| Th,rd-Bscsusc the defendant. IN nil these counts
however dlGcront ~ language tey may bc u.s. Ia lact
called upon 20 answer but ono specific. independent