West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1882-05-19


The Chef Justice--I would like 70 hsvo
you tell rs, or any Of these learned Judges
that you arc qIoting tell US, what part Of
the oHense remsiued to be completed after
the man had got through with doing all
that he could 10 kill another-he doing 10
him that which inevitably would kill him f?
Whether there is anything 10 the fever or
ia the short breath or in the last strangu.
lation that enters into the aggression on
his life?
Mr.. Rrel-l answer you In the language
OF those distinguished jursts whom |
have read, who are far better able 10 dc
eide the question thar { am. They say
tina, the crime is not complete until death
occurs. AMI chat the death mus, occur in
the jurisdiction OF the Court that tries the
case
The Chief Justice-Why not leave IL on
the sensible ground that n homicide who
has committee murder shall not be tried
save IN the case where he exerted the VIC
leuce, and let II rest on dogmatism and not
on M attempt TO reason about H.?
MIR. Recd-lt your Homer calls it dog
matism, and rests il on hat, am qatsHed.
| know that il is technical, but technical.
ties may become substance, and nccessa-
~ Substance, for the protection of life and
liberty. II is the law to-day throughout
the civilized world that 10 constitute the
crime of muTder tho victim must die
within year and day. II MIR. Garfield
had lived thirty minutes beyond the one
year and one day, GJitcau would have
been saved, absolutely, with the amor OF
the law about him. That Is a ,echnicalily.
hut it is re law. II that s a technicality
and we, the law, is not this question of
the jurisdiction of the Court q more grave
technically Your iIonors are bound by
these decisions. Guitcau and myself are
not responsible for this omission of the
law Neither are your Honors.
The Chief Justice--What has been
omitted
Mr., Rccd-Congrcss has failed to pro-
vide for the punishment of such case as
this
The Chief Justice That is all provided
for, is IL not? A Judge comes In and saws
That the oiicnse was not complete. Why2
Not because man has not shot another
man to death, but because he did not har-
pen to die IN the place wacrc he was shot,
thus making the effect Of the crime a
part of IT, II is the Judges who have
made that law.
Mr. Reed-Undoubtedly, and the judges
have made the common law.
The Chief Justice-I notice that your
doctrine grows stronger as you travel back
INTO twilight have noticed that all the
way through. Coke puts the proposition
a little stronger than any of them.
Mr. Reed-Suppose there we're not 9th
or anthori'iea on his question than those
wn.ch have cited, would not your Hon
RS be bound by them
The Chief Jus'ice-There is sort of
logic that merely mikes up the flee, Of
thing with the thing itself.
Mr. R,G-I an not here TO say VIVA, /.
logic and what is not logic. 7 am s;m,,Iv
here TO say what is law. There are q
great many absurd things in law. s;ill i 10
law all The same. Mr.. Reed > ent on 10
cay mat twenty-six States of this Union
have passed siairtrs to remedy this omi.-
sion IN recognizing the necessity of legi.-
Iatlon to cover the case. He also arcpcd
nat the day fixed for The hauping oe Omit
eau was not authorized by the laws Of TIE
District of Columbia as he hal not been
given all the tune the law says he should
h We
10 regard TO Judge Cox's charge to tbo
jury, Mr.. Red excepted to judge C,.v,s
declaration ~ TO The doctrine Of reasor,.
bic doubt. lie complained that Judge
C'xs Instructions n tbst point were so
involved ard mixed IS to be beyond the
comprehension Of twelve o,1;rtry men
The Chief Juslice-Uulcsa they were
Tools hey could uuGers,urd that coc,d
they not?