Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-05-21
cUITgAu,s CASE.
DECISION OF THE DISTRICT SUPREME COURT
ON THE POINTS RAISED.

DECISION OF THE DISTRICT SUPREME COURT
on THE POINTS RAISED.
WAsHTEGToN. May 20.-The unanimous
decision of the District Supreme Court on
the questions raised by the defense in the
Guiteau case VIII be announced Monday.
The Post to-morros will give the following
as the points Of the decision: "Ihe opinion
of the court will broadly sustain the position
taken by the district attorney that the juris-
diction is complete where the fatal blow was
struck, without regard 10 the locality OF
the actual demise. The court holds that
the bullet fred at the president by Guiteau
on the I'd Of July, in this city, was the cause
of his death, and that the trial could only
have been held in Washington; that the
death Of the president in New Jersey, except
as affected by the local statute, could not
change the jurisdiction. The assassin had
not been in New Jersey, had committed no
offeDse against New Jersey laws, and that
the mere fact of the victim being removed to
Elberon to prolong his lie or save it If posi-
Bile, could not be made to affect the character
Of the crime. The court will hold in addl-
ton that there are several grounds on which
jurisdiction as exercised might be main
tanned if it were necessary to decide the case.
First-That this is an United States Court
with all the powers Of any Circuit Court Of
the United States. Second-That this is a
judicial district, and that under the provis-
ions of the law when crime is begun in
one and completed in another district the
ofiense is complete in either. Third-That
the murder being an ofense IN this
district against the United States, and the
removal OF the president to New Jersey did
not take him beyond the government
against which the offense was committed.
Anxiety has been expressed to the
action of the Supreme Court OF the United
States, it being announced that application
would be made to that body by defendants
counsel for writ OF hdbeds corpus There
are now only two justices OF that court IN
the city, the court having adjourned for the
term-Chief-J ustice Waite and Justice Mil
ler The best legal authorities express doubts
whether such a writ could be granted by the
full court in session, and it il not believed
that any single judge will take the response
bility OF passing upon so important ques-
ton, when it is recalled that the court was
in session for three months after the SEN
tence of death was passed. 1t may, there
fore, reasonably be concluded that Gniteau
will hang as sentenced, and that there is no
earthly hope for him.
The Post adds: AFTER the delivery Of
the opinion the prisoner will be taken at
once to a solitary cell in the Jail where
he is now confined, and placed under a
continued guard, better known as the death
watch Every nation will be observed up
to the fatal moment, and not word will be
permitted to be spoken to him, except by
his spiritual adviser or by per-
sons specially authorized by Warden
General Croker, who has entire charge
of and responsibility for the assassin from
this time On until the dead body is ready to
be consigned to the doctors for post-Tnortem
examination. District-Attorney Corkhill has
determined upon an examination of the
brain of the assassin by board oil the most
eminent medical experts in the United States
to put at rest, IS he believes, forever the
question OF his sanity. Alter the autopsy the
body will be delivered TO the relatives of
the deeasesi N an. If anv q them call for il p