Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-05-09
GUITEAU'S APPEAL.
PROCEEDINGS IN THE COURT IN BANc.
THE QUESTION OF JURISDICTION, ETC.
scOv1LLE aU1TEAU FAMILY TROUBLES

The Circuit Court room was transformed this
morning into Supreme Court chamber, simply
by the placing of four solemn looking chairs on the
BENCH and an exchange OF clerks barricade OF
tables was also placed in front OF the clerks desk
for the corps OF reporters and stenographers Dis
trict Attorney Corknill, Mr.. Davidge, counsel for
the government, and Mr.. Reed, counsel for the
prisoner were at hand at ten o'clock ready to pro-
ceed with the hearing Of the appeal in the of
Charles Guiteau. convicted OF the murder of James
A. Garfield, and now under sentence to be hung on
the 3Oth OF June next 1t appeared to be general
understanding that the hearing would take at
least TWO days OF the time OF the court. The room
was well filled with members OF the bar. The
court did not assemble till 20 minutes after 10,
when Chief Justice Cartier and JudgesMacArthur,
Hagner and James took their places upon TIE
bench.
Mr. Reeds Argument.
Mr. Reed arose and said he approached the dis
cussfon OF the cause with some timidity, not be-
cause he did not believe the record contained
serious errors, but because he appreciated the
traordinary importance Of the cause and the mex
oraDle influences that surrounded 1t and pervaded
| It. Judges, he said, were not insensible to infu-
| ences such as surrounded the case This case was
extraordinary and unparalleled because OF the Illus
trlous character OF the victim. However, II the
record was erroneous he had no fear but that this
court would so decide. He then began to discuss
THE QUESTION OF JURISDICTION,
and gave recital OF the undsputed facts OF the
case concerning the shooting OF President Gar
field here, his death at Elberon, Nd, &C. Mr..
Reed then presented the facts and authorities set
forth In his brie an abstract of which was printed
| In Yesterdays STAR. He challenged the gentle
| men on the other side to produce any authority
sustaining an indictmentth did not allege death
In the jurisdiction where the indictment was
Iound. The only case that he had been able to
nnd In two weeks dtligent search was q case In
Kansas-which Mr.. Reed declared was reproach
| to the state OF Kansas.
JUDGE CARRIERS INTERPRETATION OF BLACKSTONE.
MI Reed having averred that the language Of
Blackstone on the point in question undoubtedly
declared that the act was not complete in either
county, Judge Cartier disputed that Interpretation
OF Blackstone The act OF felony was pretty
complete said Judge Cartier, after briefly sum-
th tne he case Wnen w the enender got through
Mr Reed. In reply. maintained again that the
crime OF murder was not consummated until
Murder is killing" said Judge Cartier "and
man Is not killed till he dies but the act Of felony
SO far as the offence is concerned and far the
lnstrumentality OF the offender is concerned, is
very We complete when he gets through with his part
declared impressively, IS II this case was one in
which Charles j. Guiteau had killed an ordinary
citizen there would be no hesitation on the part
OF any lawyer In saying that the authorities have
read are conclusive on this matter" Further on,
n; mr. Reed SAID this court he believed could not
the decision" he said, "et the answer be such is
the law and we are sworn to execute it. Ask Con-
gress to change it, Shame upon the clamor, that
Judge should be maligned because he stands by
and decides the law as 1t is"
AN ANALOGOUS CASE.
REFERRING to decision in case, which Mr.. Reed
held was analogous to Guiteau's, Chief Justice
Cartier asked what more the defendant had done
after the shot to complete the murder.
eHe did not do anything, your honor" said Mr.
Reed "He went to Jail"
'He didn't kill him over again, did hes" asked
Judge aSe Cartier:
$50, then," said Judge Cartier, satirically, "the
expiration OF mans breath IN drtfculO nloTteS is
part OF the offence"
REPUTABLE AUTHORITIES.
After some further discussion Mr.. Reed referred
TO what he called most reputable authorities
"Yes, they are just as reputable" said the pre-
siding judge, "as their reasoning makes them.
Their reputability depends on their logic always.
would like 10 KNOW" added Judge Cartier, "what
part OF the offence remains to be completed after
man had done all he could towards erecting the
Mr.. Reed insisted that death must ensue before
murder has been committed, and in the jurisdic-
ton where the case Is tried.
ter. IA homicide who has committed murder
should not De tried except in the place where he
then, and not on such reasoning or auth critics, II
you please"
Mr.. REED ON THE LAW.
Referring to the fact that his arguments might
oo calou ceCunicaI, MI. heeu SAID: "ThaC makes
no difference If such is the law. To constitute
murder at common law the person injured must
nave died In year and day from the time the
wound sS nd, was given. Suppose President Garfield
mad lived one day, one hour, or one minute after
the expiration of the year and day-Guiteau
would have been safe, absolutely, with the arm of
the victim does not die within one year and one
day, 1t Is not murder. This is a technicality but
world"
.Mr. Reed having commented upon the omis-
sion OF Congress to make provision for such a
case, Judge Cartier remarked that they had pro-
vlded for 1t by making 1t murder to take the life
OF citizen with malice aforethought
MI; Reed referred to the case of State agt Brown
found where an Indictment for murder not alieging
death had been sustained
JUDGE CARTIER ON THE QUESTION OF JURISDICTION
Judge Cartier said that not only the case of
Guiteau, but the lives OF citizens generally, de-
pended upon the question of Jurisdiction II the
court had no Jurisdiction, man could escape
punishment when. by accident or design, the
victim died in another county.
that an oYence Committed IN one udicias OSr
and completed In another may be tried and pun
ished In either, Mr.. Reed maintained that the
circuit court OF the United States, and held that
1t had not in all cases the same jurisdiction, nor
was II classlned the same by Congress
JUDGE CARTIER ON THE POWERS OF DISTRICT COURTS
'sThey have come pretty near 1t, have they not,
Mr.. Reed?" asked Judge Cartier. 'sThey have said
that it shall have all the powers Of district court,
and that the justices holding 1t shall have all the
prerogatives and powers OF district judge OF the
United States. and when they sit as the Supreme
Court OF the District 1t shall possess all the jurs-
d1cton OF the circuit courts OF the United states
ered By statute upon the % District cour ssd
@If that don't come pretty near the Jurisdiction
OF the circuit court, should like to know what
does"
'It may come pretty near it. your honor" said
MI. Reed, "but 1t doesn't come to it"
Mr.. REED CAUGHT NAPPING
Mr.. Reed got rather the worst OF the argument,
evidently, for he started the proposition that the
President had been shot in New Jersey, and died
here, the United States court in New Jersey could
not have tried Guiteau, for It would have been an
onence against the state OF New Jersey.
~ thought you were arguing" said Judge Cart
ter, .sthat this was not an United States court"
ibid say that, your honor" said Mr.. Reed
with laugh. 81 take 1t all back II did and am
very sorry. would be the last one to depreciate
the dignity OF this COURT
Mr. REEDS SECOND POINT.
Mr.. Reed proceeded then to present the second
proposition In his brief-the alleged inyaldity OF
the sentence on account OF the day not having
been flxed within thirty days beyond the next