The Portland daily press., 1882-05-22
THE DEATH WATCH.
All the Exceptions Overruled in
Guitean's Case.
POINTS OF THE DEG SION OF THE
DISTRICT SUPREME COURT
The Prisoner to be Placed in Solitary
Confinement.

WASHINGTON, Nav 20.-The unanimous de.
eision of the District Supreme Court ON the
question raised by the defence in the Gniteau
case will be announced Monday. Chief JUS
tice Cartier has for several days been unweil
and Judge James has accordingly been de-
puted to formulate the opinion OF the court
and will probably announce it. The draft pre-
pared by him will tomorrow be submitted for
final approval of its phraseology to all the
judges of the court except Judge Cox, whose
rulings are undar review. The Post OF to-mor.
row will give the following as the points OF
the decision: THE opinion of the court Will
broadly sustain the position taken by the Dis
trict Attorney, that the jurisdiction IS COM
pete where the fatal blow was struck, without
regard to the locality of actual demise. The
court holds that the bullet fred at the Presi-
dent by Guiteau on the I'd of July at the rail
road station in this city, was the cause of his
death, and that the trial could only have been
held Ill Washington; that the death of the
President in New Jersey, except as affected by
local statute, could not change the lurisdic-
tion. The assassin had not been in New Jer-
sey, had committed no offence against New
Jersey laws, and that the mere fact OF the VIC
tim being removed to Elberon to proiong his
life or save it if possible, could not be made to
affect tho character of the crime. The court
will hold, in addition, that there are several
grounds on which the jurisdiction, as exer-
cised, might be main tanned If it were neces-
sary to decide the case:
all the powers of any Circuit Court of the
United States.
Second, that this is judicial district, and
that, under the provisions of the law, when a
crime is begun in one and completed in another
district, the offence is complete in either.
Third, that the murder being an offence
in this district against the United States ard
the removal of the President to New Jersey
did not take him beyond the jurisdiction of the
government against which the offence was
committed.
Considerable anxiety has been expressed as
to the action of the Supreme Court of the
United States, it being announced that an
application would be made to that body by de-
fendantS counsel for writ of habeas corpus.
There are now only two sjustices of that court
in the city-the court having adjourned for the
term-Chef Justice Waite and Justice Miller
The best legal authorities express doubts
whether such writ could be granted by the
full court in session, and it is not believed that
any single judge will take the responsibility of
passing upon so important question, when 1T is
recalled that the court was in session for three
months after the sentence of death was passed.
1t may, therefore, reasonably be concluded
that Guiteau will hang as sentenced, and that
there is no eartherly hope for him."
The Post adds: "After the delivery of the
opinion, the prisoner will be taken at once to
solitary cell in the Jail where he is now con-
fined, and FACED under a continual guard,
better known as the "death watch" Every
action will be observed up to the fatal mo-
mert, and not word will be permitted to be
spoken to hRn except by his spiritual adviser,
or by persons specially authorized by the
warden, Gen Crocker, who has entire charge
of and responsibility for the assassin from this
time on, until his dead body is ready to be con-
signed to the doctors for post mortem exam
ination. District Attorney CorkhiH has de-
termined upon an examination of the brain OF
the assassin by board of the most eminent
medical experts in the United States to put at
rest, as he believes, by such an examination
forever, the question Of his sanity. After the
autopsy the body will be delivered to the rela-
tives of the doomed man, if any of them call
for it. y