Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-01-04
CAN GUITEAU BE CONVICTED OF
MERDERc

The public is getting so weary OF the
trial now dragging its slow length ut
Washington, that it will greet its close
Us a welcome relief. IT, after all, it
should prove mistrial, and, for any
reason, have to be gone over again,
either in the same or different jurisdic-
sion there would be general regret, ifnOt
disgust. Judge Cox has understood this
from the start, and most of the fierce
and Umintelligent criticism TO which he
has been subjected, has been evoked by
his efforts to avoid sUch a result. If the
prisoner is convicted, he can, and doubt
less will, have the Appellate Court re-
examine every possible flaw in the trial.
If lie is acquitted the Government has
no such right. Moreover the court is
dealing with criminal OH whom Is
focused the hate and prejudice of an en-
tire people, and must take care that this
hate and prejudice shall i'll no wise pre-
vent his having full fair and unbiased
trial. AS the defense turns solely upon
the sanity of the accused, there is bit
one absolutely impartial and non-c0m-
initial course fer the court, and that Is
10 accord 20 GUITEAU all the rights of Il
sane man, and at the same time all the
Indulgence due ali insane one, that the
jury may have this question put fairly be-
fore them. But there is grave question
which Judge Cox has been compelled
TO leave open, which is destined we
think, to give trouble in the case, even
if it DO not finally prevent 4 capital con-
victiOn. That is the question Of juris-
dictiOn. Can Court in the District of
Columbia convict GUITEAU of nl'trClCr ?
President GARFIELD was shot i'll the
District: he died in New Jersey. BY
tire common law of England it was, at
least, doubtful, whether Il man, wound
ed IN one county, and dying in another,
cOull be found guilty of murder in
either, or whether man could be con-
victed of murder in England, who in
flicted n mortal wound there, if his VIC
tim died in another country. These
doubts we're early set at rest by appro-
pirate EatutCs, and such statutes exist
in MANY States of this country, our own
AMONG the number. We are informed
that there are nOstatutes of like purport,
either in the laws of Maryland prior to
the ceSsion of the District of Columbia
to the United States, or of Congress or
the District, since such cession, which
settle this question there, and that it
will come up, beset with many of the
doubts and difficulties which attached
to it at common law. 1t may thus hap
pen that the assassin, even if declared
sane, may escape the just punishment
of his enormous crime, and be convicted
of felonious shooting only and not Of
murder.
1t is said statute i'm New Jersey
allows conviction OF murder where the
victim, though not stricken within the
State, dies there. Such law is differ
ent from those above referred to, and
we learn that doubts have been suggest
ed in the Supreme Court of New Jersey
as to its validity, no case having yet re-
quired the statue to be passed upon. a
case presenting the exact iurisdictional
question we have mentioned, occurred
in this very county more than sixty
years ago, One LINTON was indicted
for the murder by stabbingl of JOSEPH
MCCAUGHEY. The indictment charged
the mort nj stroke to be given in the
County of Ohio, State of Virginia, and
the death of the person stricken in the
County of Jefferson, State of OhiO-a
place not within the territorial limits or
jurisdiction of the Commonwealth of
Virginia. The question was adjourned
by the Circuit Court of Ohio County to
the General Court of Virginia, whether
LINTON could be tried and convicted of
murder on that indictment, and the
General Court - Va. Cases 204, } unani-
mously answered that he could not, but
must be tried for feloniOus stabbing
only. In this case the question arose
on the face of the indictment and was
passed on before trial. In GUITLAU'S
case the Indictment does not raise this
question and it will come up, we sup
pose on the prayers for instructions, or
ON motion for new trial,