New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-10

il may I've. .u,,., -
Nj scoyc passing to the eleventh prayer ARGUED IN
support Of ii. rnat If TIE jury believed that ~"
pSuseCu ion had wiliuly suppressed cNlI' nee VI &
mental condition Of The accused person during the W0
wcrka cliovlI- the sho1,iu, the Jury had right 10
take thai tact into consi Iteration IA rai'ns proSS
ton THAT such evidence would have been umA'urH' ~
ne rIisoncr-Tlcy suppressed Baley9 mote hook,
which would nave shown that on July c'"i''" III
Nr ScHyilc passing on the fourteenth PRAYER Tlrs
raised the question OF jurisdiction. said he had ne o2ub
that The Cour understood that sui"et iuS nc COS
ter probably than counsel for tho defence d'. - ~
matter therefore, W ch they did not care 7" argue III
conclusion. hc ASKED 10 add few words p's'@. 10 f
self and proceeded: In thia cas-" nave ,r
shall cndeaVOr 80 the close 90 conduct uAS'ii @ -
nrefv think that nv duty to TIE defendant anI I"
tT r "a, for he prosecution which regard a. i'm
rnp,r 10 rc.er 10 H. understand hat that is uo'
q case. Al tine same time Gt'i aud in Iry,ncr
all these matters In proper tpil anu anu ~ itii
ti.1 Thought aud s,iH Uink had rFn 10
,o-Mr Por;cI's production OF Inc punch, IL
into thr case ,od by counsel ia VERY d"im.,r
INK mauNer-,herc is no denying thar encn nIf
al NOT Sop he. tIe counsel. would pcrcmploiLF s,P
from any sucn iurthc c,i'iclsm ION "I cb crT
cisln improper VIII stop At any moment pl, Sr'
not be stopped 10y counsel shall say "h''''NH
Mr. Davilpc lsarcascay)-I dc not think that any
NJ. scoyiile No, sir If anything occurs from {
time to time N Ghs case Wihch 49,, = INN nm t ti,
purpose Of having an undue inhHenoe'
shall mention it every timeas, for instance ihe pre-
ticc of counsel for the prosecution every uW' 'l'l
into court, boUiug very respectfully aui very EfGuE
the Jurors the whole lcnetl OF the paLg-n mus
thai improper shat say SO. nave no -, hor
iy one. and vet, Tor 'orty days. counsel on Int ,l
side have bowed TO t4G nry three NM, ala S0i s,
fonr times day. When the proper lht "o'a Ina ,t
mention that circumstance in proper lahSuaIe' i"t
s sc,tizr Con" mag forbid it dmiiains he voice
ana style VI Nj. Porter in the word toru IN lH'i
ner shat evoked DUcn lausheD' hu II VIII NJ" N"'' any
THAT is good point" said the prisoner. Joining IN The
Mr. Porcr-If counsel for the defence did not bow to
the jnry shall no. "heT ar l"rSn ~" ,n
Nj. DavdgcIi the charge II only one "i io'''NS WI
Air scoy1ile having resumed his scat Mr.. Reed read
extracts the opinion Of the judge IN the case q" e
state vs. Jones. 5Olh Ncw-IIampSire Reports - hA0"
what the opinion of that court Win IcEdi" 10 te
responsibility ot prisoner who was sane enough 10
know light from wrong The court theh io"E recess 81
h3ll hour Al tle point me llry TOOK ~. ,
the permission recently given II and retired 1of I'e
THE QUESTION OF JURISDICTION RAISED.
After the recess the Dgt0c attorney rose and s3id
that the two last instructions asked for by the defence
raised the question Of the Courts jurisdiction II Ia"
been b. counsel for the prosecution ihh h'
estiop youId not be RAJ bur forrsecpg that il might
6- ne had given 20 il careful study and would now oHt
an argument which ne THOUGHT would thorrlFhN anu
completely viudcac the jurisdiction OF the toll ne
then proceeded 10 read hi- argument from printed T
The Dist icjAttorncy having FINISHED tr reauih- ~.
D4yd.c afrcr referring the understanding win MI
Seoviic that the question OF jurisdiction sh'hId ne
waived and IL his own readiness 10 argue II 81 vac NI
beginning OF the iral sld: aver tuc' eN'miItu hT
question of jurisdiction have entertained Neii hhed
opinion respect Ia broader ground on whCh lso ~
reelection may De sustained lh!l ci,i"I ~ 1 NV
GROUNDS mentioned III the paper read to me c"uI''
That larger ground has ways appeared 10 me 70 u,
That e crime mentioned in tins Indictment ~ q
crime against the Federal Government anu lEht we
Federal Government ~ not embarrassed IN lts leElHi
ton by the rules ana 1rlhcilHcN OF w foliu
the construction OF the laws Of the Federal Government
we rc1cr to common law SIMPLY IL G-cert'Ii thc
u.c.iIg of words and having asccraiued tuat mean
ing nave nothing at al To DO WIN 'e pecu' P"I'
wuicn represents the common law My Ne", th7ieI"I'
has Alwa 'en hat - T." statute passed. nY l!e tG
In
Dsrict Columbia 10y The State OF Maryland It's IAN
gcr ought h. he construed according TO It's plain, nat
We ,'' ,rs 1 se an Ter that Fedora sr.ju.e
s.,r,r ,,i.,l,?II,., M. cc.,.On o, mi, District IAe
ln-I5c OF tia Ltw ~, mat WUOcN 81 sJah rp'Hdt inc
JIc'in o. tIc Fctrra Government .nau ,ui:r o,a n.
Wi.n inns i3unIln Of tu,op views Of mine, ia Ji0l
to iuSc pr,,.tcd by the Diotrci-AtioircS, ehi 0F
uot.Ius iu..cI Low on thr Woi. cj, "ul stall dt.ti
argument ca IL uat.i ,h, shall 90 rcyl.. ~ tAe
supreme oui OF tbis District -it'ins IN 9'rc.
- After rccIThg to what hc Thought 10 "' ms
understanding ny tc coHh>ti Tor the dt;chr' o,
tuc word "mauce.' and showing iant " Wii.r
law means simply inc m'chu 4dl u".'-
ga an J-upauc.d Oy He law asa ciH', M DaN NJ
continued as follows: nav" la!d down i"ur nl'htle
ci,Il!zct lana there was testoi responsibility III r-''
~ az, r,le YVES H., r',.rt Of c,i. triu>t,l'oi~
D.. ony sect ot crimes. ana mat i"e Law df@Hr"
s.luty Tor NipItioI oi criminal r,aiue slid, h
an, next place, tina, tar P,rUA "a 'I.t gree ' III
no ldi'-i'eiiu o''l,oH 90 M an H'' .', '
IrIc,.t.....c- y" or'j"i, however "A''' u M "
,7altt ,uI~iIlr, provided . H Was "H '"i
IA, own iI. ana t-e go cii- o. i'irh0| - ln' -
i,-i y ~ mar .,-. w5alt tXrl-e. SAID thi, tuc
'uf,,'. .,.,cc 81 "A man ,,. ,u- aIJ ta3t q hc mad
certain rrc If 3D., -e.C, a.. "4s held oiid 10 Sea
n. c,,, nj an.y In. ia .I.ya.l 3W to moral opera
Tons o. .., .atre, ana tYt. oucu mOns,I0U' ih- "'
moral uI-.iny WAS dn.H'"n go t-r laN OF las bi''''
ana ogln 10 bc ulsAovn 10 nc law u aaJ ciTi..zoI
Tno Decentralization mania is the word, Judge
r ,ls,iy said that the only ro~iulotc o.