National Republican. (Washington City (D.C.)) 1872-1888, 1881-11-09

nv Indictment OF Information.
20 % la mere Is on a eaGe mo, %, ts cSrt ~ ic
To,er ~, ~ 10 2,ia,c e. i crr,ne or m,sde
power to tNe a c9GiiHanc9 m ,, oi ~, an H
infSrmotion. Whit eSnld he more copciuslyeg
ropgrsss has declared tbat his court need not be
NAV ndoni NJ in nfnr,na,inrs '"' ''"' u o00'
my '''f' ''''o, @ -
,,o. ro, but - THIS rs Is NOT Si;o sL c,,., In,
this jurisdiction, but on that day this ACT was ap.
proved By an act found in The supplement Of ths
Revised statutes, page 2Ie, this Will be found, nnd
IL Is question OF Importance, not only IN this
emenSed b m o sum SIer ad insspin spI
in lieu thcreofthe following;
said courts shall have c1gnzance Of nil crimes and
oiicnses committed within said District, and Of all
places OF common law and equity between partie13
both Or either Of which shall be residents within said
aw oT n "p ssy an IN When ot ne cy s sGS oe n be-
piS,nf os anT or m seys on ad or
WATER and of ppnaltics and forft,,rei ne arising or
accruing under the laws of the United states and any
OF the Justices may hold a criminal court for the
| irict.
THE CRIMINAL JURISDICTION
os,,,,, ,,,,., ,,... ,,,,, o,,.a, t,.,,o., ox,,s.
o .is @ eonr, was ,,l mus en,argeu xaas
lVci tne fonce Court ceased 70 oc So anu Wisely,
sullnt w Ollnlnhl NUurt nNs y
committed within the District of Columbia. It is
& nol &ldlniIeIi ~ not confined. now II Your ilonor
tu, tv a"o % ngts 20 Mcn have Ieerrsa %
@ ou i, ~, iu ri. Pi Musiu "nu' tnen ny
one one provianes pa Ihat ~ crimes may be pursued by
erS an 1utun isn,t e''hvT ~, VI hu nuictneint or
mept n yoss,i,io i"i or ,ho "" "t,,.iaato.kfDo,
~ ~, c,, pusSS'o,et pS oi tne JuIlsulcuonh
onses v uu PonSss P,,S tns' d crimes , nu
e oncnsees coNinlVteu Wltnin the plsttlct snail De
the medium @ provided BY preyions acts f'Sso Of Co,
hower ~ nrnccodpn & or n ~ ,har,en,
expressed direct, positive, and affirmative, not
nm m'u ss ~, "nn' IN % ulu ,ehn IN,
iIstrict ~ rniunhia ,nicht bo nrasoc,,,cd hy in
dictment or jnforma,ionS They meent tbis that
nj the on,inp nf the nroner aT,c,r, Win the cnm
cnrrence oG tho court inSo,mniionso or indintmcnta
might be jndiscri.in,,ai,, nsai VI
'''s"' w i"u'se'''"'''"'e's uSeu'
tho one With tl,o so,,o oer.., os ,ho o,hor IN,
these gentlemen IL snuenrs would I'M maintsIn win
Tho Iat,ars ~ T,Lasa liz i y, ,h.r, IL rin,,
Mt them tbst fhepc can hn NO ~ nr6secu,ion ~
crimes In this court only by Indictment.
And they grow transcendently eloquent. and
they stir anew and fresh currents OF the
through blue veins with their declarations that
no citizen can be accused of crime except In the
means of an indictment. Who Is the wlser--the
Congress Of the United States or the learned gen;
t%Ismen % who appear on the part OF the defendanlsY
no ardor, which noenthusiasm on the part of these
| defendants can obliterate.
rr MIST Rynupr ,uprprsuAnty
'' f'D'NA i'4i h"''""N
or at least until the hand OF the Congress Of the
United States grasses II from the Statute Book itself
be cited in this connection as illustrative OF the
| others. It Is in relation to the prosecution OF
crimes, on the period in which they may be prose-
plement to the Revised Statutes of the United
states.
No person shall be prosecuted, tried, or punished
tlon 1919 unless the Judgements found The nfor
nation Is Instituted within three years nextafter such
What could be clearer and more distinctive and
authoritative recognition Of the use Of iniormo;
limitation reauires that this Information should
| be filed? How IL may have happened why Il was
II is not for me to determine; but the fact will
Ve on the Annals oil tnls court tnht the grand Jury
uiu uke recess lot zen uhysi tnht u was not pos
soe 10 occupy those ten days ~ the investigation
OF thls case nnu no nOlce ulreCtiy or lnuirecty
ts1 TSeE @ OF sms gTSma nfS was called by
WHERE THE AssAssfSATED PRESIDENT
passed away and breathed out his spirit to the God
| who gave H. in order thar preparation might he
hom aer wS tb
General, and with the PostmaSterGeneral, aud
with Colonel Bliss. When | reached the Balti.
more and Potomac depot 1t was announced that
the grand jury had adjourned. There Is the fact
| There was but one pathway OF duty LEFT
open, and with laboroUs effort and with
constant work, often through the hours Of the
night, this information was prepared, and hied.
have no censure upon any one. ! have the liv-
| ing, breathing facts to present to Your Honor.
There they are. So that there was NECESSITY for
the ning Of fthsiniormation, otherwise the statute
the U the SS matters conSned in no
| formation. ! VIII merely glance, II Your Honor
please, in this connection Mt what has been
| snid in regard to the jury disqualification.
| There Is provision to that elect which
constitutes part of the criminal penal law of
the United States; none whatever 1t is only
upright jury. It does not attach itself by force of
any law as q penalty connected with any crime,
a nut 'hS s' .U ugJu g tne oSIom M, Us o Jury
Iigm, NJ NOdrt d u oi lno
| 5s!!fage is not n right which citizen may claim
apart from legislation at oil.
| THE EroHTs OF SUFFRAGE
in minor cases was not necessarily ono of the
| adoption of the Fourteenth Amendment. and thnt
amendment does not add to these privileges and
amtaes fr The nrotcrt5n Of sncb cinsms Ss
had It, The right of rendering man infamous
was in the nature of taking away the natural
EILEEN bul this postion Wonld d. 90 TOO far " III II
would obliterate, If Your Honor please,
THE DISTINCTION BETWEEN GRIMES
'G dssSS C OF eR
That every oilense which Involves moral iuTpltqde
lice ConTt, for V every crime in %6ich il Il is I given
| jurisdiction involves moral turptude, and hence
ecsop EITS oG but by iTdSS dce6T nS' be PSSs S
| Canrt for nm infamous crime can n,lv he fried
originally and primarily BY means Of an indiSt.
nnstion en nI Ms Your uPuor viii see '"' as ds
!inctiye and cannot IN itself be sound. But II
| cnniial' that Indictments are reuuired Now what
| is an infamous crimeP / will cOudense what
| hnvs to sav bv reference To- n f,w antb"riiics
nuNc w s"S, ps iI tStyI.SiiSS i'm uuthyIIlcS,
| BOnNleIs LAW DlSHoInr1 ucnues ~ VIehlly nnu
| definitely, In ! Greenleaf on Evidence, S12-3I3.
\ there probably VIII he found
| crp IN vNposrrtnN M, wu,T IT 70.
- -, , 800 - -, :, - r " - - - 80 =,
sondh, nhnT tS m g , o ~ o mac ba m M
| The ease OF persons i,IGmous-ihat is persons VINO
! Whatever may be Their proies sed belief have been
| guilty of those helnous crime which men generally
are not found to Sonmt unless when 80 deprayed rs
10 pe unw4rhy @ ol nc Sseu nI III III L, 70 e,orrt