Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-05-08
Mr.. REEDS BRIEF IN THE GUlfEAU CASE.

MT Reed has prepared an elaborate brief, cover
| Ing "a printed pages, on which he will base his
argument in the Guiteau case In the court in
the assassination. including statement that there
was no inquest held upon the body by any coroner
or other officer In the District OF Columbia, the
"Not believing that the poison Of public preju-
mce il such exists dare enter this honorable
tIlDunal 70 influence its decision. and believing
| that this court will decide the case impartialiy
| upon the law and according to the law as the
| JUDGES thereof upon their oaths understand it,
without reference to any considerations outside OF
the record, respectfully submit the Judgment OF
Ine Criminal Court Is erroneous and ought to be
The first twenty-five pages are devoted to argu-
ments and authorities IN support OF the PROPOSE
jurisdiction to try the case. He holds that by the
common law "where the mortal wound was in
nlcted In one county or jurisdiction and the death
occurred in another county jurisdiction the ac-
cused could not be convicted in either OF murder
complete till the death happened, and the mortal
dction."
PRRcEDENTs THE DISTRICT.
After general discussion OF the case Mr. Reed
cites the case OF Baton in this District reported In
Cranch, US CT Court Reps, page $40, In which
the court says: "The court upon consideration of
happened in st. Mary's county, in Maryland,
although the fatal stroke given here the judy
not being Complete Within our e
Also the case OF James Rolla, reported in Ameri-
Mnn is wasre 81 the sn fatal blow was
death occurred outside, and ''the learned judge
was Of the opinion that Rola could not be tried In
| mated that he might be properly tried for that
| crime In the state where Salisbury died" 81 ad
mit" says Mr.. Reed, "that there are a few decis-
| ions which hold that where the stroke and death
occur In different counties the Indictment may be
found In the county where the wound was inflicted.
u East p. 36l; Hale p c., p. 1867 But both these
authors say that in such case the body was re-
moved to the county where the mortal wound was
| given for the coroner to take an inquest No In
| quest was held upon the body of the deceased In
this case In the District OF Columbia" He de-
ciares also, that II there is fair and reasonable
doubt OF the jurisdiction OF the Criminal Court to
try and sentence the defendant (Guteau), then 1t
Is the sworn and imperative duty OF this court to
give him the beneft OF such doubt and reverse the
judgment Of the Criminal Court
The only other question treated OF In the brief is
THB VALIDITY OF THE SENTENCE
under the provision OF the Revised Statutes for the
when the Judgment shall be death or confinement
in the penftentiary to enable the convicted person
to apply for writ OF error, the court SHALL ap-
execution thereof to a reasonable time beyond the
next term or the court, not exceeding In any case
thirty days after the end OF such term The brief
SayS:-"The defendant was sentenced on the 4th
day OF February, A. d. 1882, which day was in and
during the December term, AID. 1881, OF the Crimi-
the Supreme Court, after the sentence, began on
the fourth Monday OF April, Id. 1882 and will
continue I'LL the 1OurGn MONDAY or OCTOBER, A I'D.
1882. The defendant was sentenced to be executed
on the 30th day OF June A. ID. 1882 The date or his
execution should by law have been fixed on some
day within thirty days after the fourth Monday OF
October, AID 1882. 1t needs no authority to show
that judgment OF a court OF sentence to death is
null and void IL the day nXed for the execution of
the sentence is not authorized by law In this case
the day fixed for the execution OF the defendant
Is not only not authorized by law but is expressly
prohibited by law"
"COL. " PINCHOvER'S SUIT FOR DAMAGEs.-The suit
brought by "Col." Morris Pinchover against A.
Dittrfch for 80 damages to that and SELF" the
hearing Of which, as stated in The STAR OF last
week, was postponed until to-day, has been dis
missed by plaintiff, who, it appears, mas compro-
missed fOi new hat and . cents, besides the costs
for his fee is unsatisfied, has notified the plaintiff
that he intends to move that the judgment be set
aside and for a reinstatement OF the caSe-fOllow-
ing the precedent recently set In the case of Lam
caster agt. The W. G. r. r. Co.
BREWERS NATIONAL CONFERENCE.-THE twenty
second annual convention Of the United States
In this city, commencing tomorrow and continuing
three days. The hall has been handsomely deco
| rated for the occasion. The delegates represent
an Invested capital amounting to over $14 600 600
Tomorrow evening reception will be rendered to
the delegates, and at the close OF the convention
on Thursday night grand banquet will conclude
the proceedings.
BURGLAR COMMITTED.-John Clark, a young
| colOred man, was charged in the Police Court to-
cay with burglariOuSly entering the dwelling
house OF Charles Pnieger, No. 483 street south
west, on the night OF the 18th OF last January, and
was committed for the action OF the grand jury in