Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-03-20
The SoteIdo shooting Case.

~
This morning in the Criminal Court, Judge
Wylie, the case of Augustus C. Sotedo was called.
Soteldo, 1t Will be remembered, is indicted for the
murder OF his brother, Antonio NJ. Soteldo and
assault and battery with intent 10 Kill Clarence
NJ. Barton on the 9th of February last-the shoot
Ing taking place In the Office OF the National Re
publican.
Mr. Christy appeared for the accused and pro-
ceeded to argue the motion TO quash, filed Sat-
urday, as to the Indictment for murder, which was
published i'm The STAR of Saturday.
District Attorney Corkhtll, with his assistants.
Messrs- Hugh Taggart and c. S. Moore, appeared
AN INTERESTING POINT.
The principal point made and relied upon by Mr..
Christy for the prisoner was that the Indictment
should be quashed under the act or Maryland OF
1722, (Which, he claimed, still in force here)
because il had not been sent TO the grand jury 10y
express order OF the court-the prisoner not hav-
ing been bound over, and the grand jury not hav-
ing found the indictment OF their own knowledge;
that the record did not show that the prisoner had
ever been bound over for the charge set out In the
indictment, (murder,) the fact being that the ar
rest upon warrant issued by the Police Court re-
lated to the offence OF shooting, with intent 10 Kill,
Clarence NJ. Barton.
The district attorney claimed that the action
was regular; that the man Was I'm jail a COM
mitment from the Police Court for an assault with
intent TO KIN, and was further there TO await the
result OF the wounds, and on the coroners jury re-
turning verdict another commitment was sent
down by the coroner. He claimed that the grand
jury could have of their own volition. il SO dis
posed, sent for witnesses in the murder case.
DECISION TO BE ANNOUNCED TOMORROW.
The court said he was not prepared to say that
the grand jury could or their own yoliton send for
witnesses. He would take the papers and give his
decision In the morning. As TO presentments, he
held that ii was in the power OF the district attor-
ney to discard presentments altogether, and send
indictments to the grand jury 10 act on. IL was
question, however, whether in all cases. excepting
recOgniZance cases, where the parties were bound
over, the grand jury had any right 20 act except
ing directly through and by the permission
OF the court, unless the Indictment was
found on their own personal knowledge.
The decision Will be looked forward TO with
much interest, as, IL the cort should grant the
motion, not only Will IL be necessary for another
indictment to be found In this case, but TO all
pending murder cases and the star route cases.
THE MARYLAND ACT
cited above enacts: "That from and after the pub
ucation hereof attorney general, clerk OF the
peace or OF indictments, shall exhibit any bills or
bill OF indictments TO any grand jury against any
person whatsoever, without an express order from
the governor and council, or from the court where
the prosecution is to be- some one OF the justices
OF such court unless the offender be bound over
to such court or that the grand jury lind or make
q preSentment OF their own knowledge, upon the
penalty OF paying the party gT1eved all the dam
ages and charges that shall be occasioned by such
prosecution, any law, statute, usage or custom 70
the contrary NOTWITHSTANDING"