Savannah morning news. [volume] (Savannah) 1868-1887, 1881-09-22
The Trial of the Assassin.


its work, and his crime is complete, the
d smands of justice must be compiled
with and Guiteau put upon trial for MS
fiendish deed. To the common-sense
view of the average citizen it seems tha'
as his crime was committed in Washlng-
ton his trial should take place there aiso'
When the late President was removed 10
Long Branch the question was raised as
n the possibility of convicting Guiteau
sbonld his victim die in New Jersey.
On the one hand it was held that he
could not be tried in the District and
might escape conviction, while on the
other it was maintained that, no matter
where President Garfield might die,
Guiteau could be tried in Washington,
and, if not proved insane, be hanged
there for the murder The death of the
President lends increased interest to the
discussion.
In support of the former view, an
Associated Press dispatch of Monday $
date from Washington says:
"A prominent Judge of the Supreme Court
Of this district being asked whether, IN IN
event OF the death OF the President at Long
Branch. Guiteau could be tried in this luris
diction replied: I have given the suoJect
caref1I Consideration, and have reached the
conclusion that. II the PRESIDENT oleS III tue
state OF New Jersey, or in any other state, ne
cannot. under the law, be tried In the Dlstrlct
of Columbia II now seems TO be pretty
definitely settled by leading Jurists OF TINS city
that unless the President should die within
this district, the murderer cannot De trled
here"
The grounds for this opinion are not
stated, and the acceptance of its correct
ness will depend upon clear presenta-
ton of facts, and not on the ipse dixits
of jurists, however eminent.
On the other hand. in support of the
common sense view of the question, the
Albany Lac Journal remarks:
I'VE have no doubt that in the Presidents
case. while at common law Guiteau could not
he convicted OF murder in New Jersey, II the
President should Gle there, yet he may
ba convicted o. murder in the District
OF Columbia, let the President die wherever ne
may. The common las Is not such stupid
rule OF action as some lawyers and most news
papers would have US believe. But New Jer-
se1 now has a statute under which Guiteau
could be convicted In that state, and that stat
ute was pronounced constitutional IN hunter
vs. State, II VrOOm, 2S2.
According to this view of the case,
Guiteau may be tried in the District or
the venue may be fixed in Monmouth
county, New jersey. The New York
World advocates the latter course and
says:
"If the President should die in Monmouth
county New Jersey, the venue OF the trial OF
Guiteau ought 10 De fixed there. The assassin
would undoubtedly come before a more ulS-
passionate Jury in that locality than IS likely
to be assembled in the District Of Columbia.
and il is hardly decent that so great criminal
should be tried in a community in which pub
lie sympathy has been openly gwen 70 q non
commissioned officer Of the army who tried 10
murder him There must be no heat and no
fury in executing the justice OF the Republic
Besides no question whatever under the law
and decision cited by the Lao journal could
be raised in New Jersey"
But to leave the heights Of speculation
and descend TO the plane of facts. A
glance at section $3.50 of the United
States Statutes at Large will satisfy any
one that it does not contemplate the es
cape Of a murderer on technical plea as
to jurisdiction. The section referred to
provides:
Every person who commits murder der -.
'.FIrst-Within any fort, arsenal, dock yard,
magazine or n any other place or dfStI act or
c0URfy under the Exclusive jurisdiction OF the
United states.
'-Second-Or, upon the high sess, or in any
arm OF the sea, OF in any river, haven creek
sin or BAY within the admiralty and mari
time jurisdiction of the United States and out
OF the jurisdiction OF any particular state
'-Third-Or VINO, upon any such waters ma
EciOusly strikes. slabs, wounds, polSons or
shoots az any other person, OF which striking
| Stsbbine WOunding. poisoning or shooting such
| other person dies either on land or sea, within
~ without the United St.tes. shall suffer
death"
Section 5 of Article l. of the Consti-
tuition gives Congress the exclusive ex-
ercise eff legislation in all cases over any
territory acquired by or ceded to the
United States. Congress, by an act APP
proved February 81, 1871 Section 90,
Revised Statutes of the District of Co
lumbia), provides THAT all laws of the
United States which are not locally ap-
plicable shall have the same force and
effect within the District of Columbia as
elsewhere within the United States. II
Guiteau can escape trial in Washington
in the face of these plain enactments,
they are meaningless
The elements of his crime are the in
tent, the actual shooting and the death
of his victim. The locality of the death
may afford room for sstute counsel to
interpose objection, but if the plea of a
want Of jurisdiction on the part Of the
criminal court of the District be sustain
ed in the case of Guiteau, or if he
escapes on any other ground than proved
insanity, his deliversnce from the halter
will excite wrath commensurate with
the sorrow his atrocity has caused.