Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-03-09
know the nature Of the charge and be able

guilty. OF murder, without stAtnR tue
time and place OF the offence, and the
name OF person murdered, or, II his
name be unknown, giving such de.
scription as 10 Identity him. An indict.
ment without such specification would
be merely collection OF pointless
words This doctrine Is only common
learning, 1t ia found IN the hornbooks OF
the law; Il Is on the pages thumbed by
the student in his
FIRST LEAsCNs IN CRIMINAL PROCEDURE.
The Constitution, in its Sixth Amend
ment, strikes with nullity all such vague
accusations as are embraced in this IN
dictmenL II declares, repeating In thus
respect the doctrine cf tho common
law, that, in all criminal prosecutions,
the accused shall "bc informed Of tho
nature and cause Of the accusation
against him; aud this means that all tho
essential ingredients OF the offence
charged must bo stated, embracing, with
reasonable certainty, the particulars OF
time, place, and person or property. IL
is only 10y such Information that the ac'
cuscd viii DO enabled to prepare his dc.
fence, aud avail himself Of his acquittal
OF conviction against any further prose-
culion for the same cause. THIS prin-
riple," says Bishop IN his treatise, that
the indictment must contain an allcga-
ton OF every fact which Is legally essen
tial TO the punishment to be inflicted,
pcrypics the entire system OF tho al
judgGl law OF criminal procedure. II
IL noe made apparent TO our under
standings by a single ease only, but by
all the cases. Wherever We move in
this department Of our Jurisprudence,
We come In contact with 1t. We can no
more escape from II than from the at
musphcrc which surrounds us (ScC.Sl. }
To tho same effect IL the language Of
Archibald, in his treatise on Criminal
Practice and Pleading. Tho indict-
mcnt," ho says, must state all tho
facts and circumstances comprised IN
The definition 81 the offence, by the rule
OF the common law or statute on which
tbs indictment tx founded. And those
must DO stated with Clrarncss and Ger
taiuty, otherwise the indictment will bc
bad Aud lao states that the principle
rule 40 10 tho certainty required III an
indictment may bc LAID down thus.
THAT where The definition Of M offence,
whether by u rule Of common law or
by statute, includes generic terms laS 1t
necessarily must, It ~ not sufficient
that the Indictment should charge the
ullcne" In the same generic terms ns in
the definition, but Il must state the spc.
Cirs it must descend to particulars -
(p. SS,I This doctrine In FULLY stated
aud illustrated IN the Cruz shank case,
both in tho prevailing aud dissenting
opinion. -lg3 4 S, j5S aud Dos } Test
rd by it, the indictment here IL buta
STRING on WORDS,
presenting no specific offence. aud,
therefore, not juslliylng thc issue Of any
process Tor the arrest aud imprisonment
OF the missioner
IL iaI jinieutt n unsisrstapd how On
indie t'xrmt eo-trf~tive could have bocn
drawn 10y the public prosecutor unless
we accept ~ an explanation 81 II the
extraordinary statement 81 counsel that
the district Judge instructed the grand
Jury TO the effect that whenever IL ap.
prarcd that u State judge, IN dlscharging
the duty imposed upon him 10y the law
OF the state t. prepare annually u list oi
such inhabitants Oi his county rs lac
should "Ihluk.woll qualified 10 serve IA
Jurors being persons Of sound ludg.
mcnt aud free from legal exception
had never put Colorcd persons on the
Jury lisis, It WAS 90 be- presumed that
his failure tu DO 30 WIS because ut their
race, color, or previous condition 81 scfy
iiude, aud that II WIS the duty oi the
grand jury 10 indlct him for that offence
In the face OF this ruling no defence
could be- made 10y the accused, although
he may have exercised at all tunes his
best judgment Ia the selection 81 quail
fled persons, unless lac could prove,
what In most cases would bc impossible,
that IN county ui many thousand in
hRmtants there VAS not u person quail
fed to serve u, u juror With this rul.
iug there could be no necessity ui alley
ing ia the indictment anything beyond
the general failure To put COlofcd per
sons on the jury list, fact which could
not bo disputed, aud il would sufficient.
~ inform the accused that lac must bo
prepared. In Order to rcbut the pro.
oi guilt, to prove that there
wrrc ~ persons Of the colorrd race in
tho county qualified to act a. jurors II
is difficult 20 speak Of this ruling ~
the
LANGUAGE or MODERATION.
Ny second position is that the fourth
section II tho act oi 1873, ~ far rs It
applies tu the selection ui jurors ia the
State courts, IL unconditional and void.
Previous 10 the late amendments it
would not have been cJntrndcd, 10y any
one familiar with tho Constitution, that
Congress Vas vested with any power To-
exercise supervision over the conduct Oi
State officers Ia tue discharge Of their
duties under the laws of the State. aud
prescribe "a punishment Tor disrcgardlng
it, directions II would have been con
c,dci that the selection oi jurors was a
subject exclusively for regulation by
the States. that 1t was Tor them 10 dc.
tcrminc-WhO should act rs Jurors in
their courts, rom what class they should
bc taken AMI what qualifications they
should possess. and that their officers.
IN carrying ont the laws IN this respect,
N'N' l.Hf ''isTlh' hill W Ah'hls Ah'
states cpull not have abolished Jury
trials altogether aud required all oOntro.
yrrsirs TO be- submitted 90 the courts
without their Intervention. The sixth
aud seventh Amendments, IN which
Jury triai. are mentioned. apply only 10
the Federal courts, rs has been repeat.
eddy aijulgcl
The government created by the Con-
ssituudn MAS not designed ipr tie regu.
laiion Of matters u purely loc.L Ton.
ccrn. The Staics REL dincd NJ aid from
any external authority 10 manage their
domestic affairs They were fully com
pcicni 10 provide ior thc due AlmiEis-
iraliun OF justice between their own
citizens IN their own courts, aud they
needed no directions ia that matter
from any other government, any morv
than they needed directions a. 10 their
highways and schools, their hospitals
and charitable Institutions, tbeir public
libraries, % the magistrates they should
apI-Yia, ior their towns and counties. Ii
Was an,y iOT matters which
JuAcEKNLD ALL TnE STATES,
and which ,ouid NOT BE- managed by