The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-02-26
BExJasry HUNTERS ACcoMpLIcE
The y. ,. Supreme Court Asked TO Decide
Mhethrr lie ShmII be Irled for Murder.

TRENTON. Feb. 2j.-Argumcnts were heard
TO- day by the supreme Court In tho case OF
Thomas Graham. the accomplish of Benjamin
Hunter in tho murder Of John NJ. Armstrong.
1t WIS developed TINT the question that tho SUI
prcnc Court Is called upon TO decide is not
whether plea OF murder ia n minor degree
can be- accepted from Graham. but whether he
shall be tried for murder in the first degree. or
anollc prcsrqu he entered upon the indictment
and he be discharged. When IL was seen that
Prosecutor jenkins really meant whit he said
to tho jury at tho Hunter trial. that heshould
prosecute Graham. aud expected to convict him
OF murder in the irst degree. 1t was felt by very
many members OF the New Jersey bar and by
other lawyers throughout the country. that
such a course. Whatever may have been
Grnhnm's character. or however richly no
might have deserved hanging. would be- u vio-
lation Of good fhith Hnd Of an implird promise
TO protect Graham when his confession was ac-
cepted us testimony.
Attorney General Stockton has believed from
the first that Il would be- u grsit.r rct Vt inlus-
ticc to hung Graham than to 50 him free. lie.
Therefore. rs Attorney General. brought tho
matter hy writ Of c"rt;orari before tho SUI
prrmc Court. aud ia argument. yreterduy.
strongly urged the Court to Instruct the lower
COur before which Graham Will Hpi''Ur 10 orirr
a noue rToscuui 70 D. entered. Hen. M9'k-
ton urged that the English and American
auth"riii"s are unanimous IN the opinion thIt
the confession Of an accom- licr. when Us 81.
and when given IN good fnita. made t imprra-
tive upon the Court 40 using II 10 allow NJ pro-
c""'inEE Tor the same crime to be taken against
tn a"rJmplice.
II was admitted by Prosecutor Jenkins tho
Attorney Gcnern said. that Graham mad his
confession voluntarily. in perfect Fopd iuith.
j WAS absolutely essential Cor the conviction Of
Hunter. ami Graham himsrlf could not be- con-
Vct"d without making use ~ II. For these r'a-
sons ne urged that IL would BE- violation OF the
Implied contract. for tllr Count. having IN tho
exercise Of it, discreet ION. rrcrIv u Grahuui's
testimony Will" IL could not compel hiHn TO .ivs
II. now to turn around and mas" use ~ IL ia
conveying GRAHAM. There could he 10 plea re-
criVCd. either. Tor u lesser offence. T.c mur-
der WAS FIRST degree or nothing. Neither could
Graham Doe held and rccoumt ndad 90 pardon,
Tor pardon can only follow CONVECTION ia New
jersey. IL lad boon hcll in y " York that
even ~ the law permitted prosecution to follow
in such cuscs a. GrUbHins. the Court would bu
bound most scrupul9usiy ~ IT, own UJli -,uii ION.
AMI thtr" - no question hut that iu accepting
evidence which IL might hive refused e. ne
crpi. ths Court binds Itself 10y AN implied ohi-
gatiCn not to use such evidence Tor the Wit
nrs-'s conviction.
I'll" Supreme Court reserved it, decision.
question ~ Graham's tat" ~ al. II II had been
decided that Graham uugAt to li hanged ~
well a. Hunter. the Court AMI Prosecutor
might. ia view of tuut. hayo refused To- recriyo
or Of his confession. but having offered or
received 4. they are bound not to Gse II 10 his
own harm.
II IL said that Connecticut lawyers urc watch
INK the result of th" dat sion Of a." New Jersey
Suprem. Court with reference To the coming
trial Of Wesley Bishop. whose confession was
used in the tri9l Of Mrr. Cobb.