Morning journal and courier., 1882-05-13
THE NATIONAL CAPITAL.

The Guitenu ExceptiOns-A Strong AFgu-
 ment Against New Trfal-Lawyer
 Davidge Shows the Trying Courts Ju-
 rfsdiction-Other Items From the Sent
 of Government.
 WASHINGTON, May 12.-Nfr. Davidge closed his argument for the prosecution in Guiteau's appeal for new trial to-day, addressing him. self particularly to the question of jurisdic- tion. He urged that the crime of murder had been defined and it's definition almost from tune immemorial had been we'll under stood and unchanged. The statute has pre- scribed the punishment, and it is almost an insult to the intelligence of our times to as- sert that the place of death is in any sense an ingredient of the crime. It would be sim- ply monstrous to assert that the head of the nation could be murdered here at the very seat of government, and because he happened to die elsewhere the sovereignty of this great nation should be powerless. The act of Con- gress of 1901 made applicable to the District the Crimes Act of 179O. 'If," said coun- sel, ''the theory of the defense shall prevail it reduces the situation to this: That the First Congress of the United States, cognizant of the common law and intending to protect it's functionaries and officials, protected them how? Why, by saying that men might slay them with a double chance of escaping pun ishment-irst the ordinary chance of escaping capture and punishment second, the chance that the victim, by some fortuity, might die outside the limits of the District. When Con- gress uses technical term, we do not refer to the twilight of the law for a definition to the dark ages of the common law, but we take the common acceptance of the meaning of the term at the time it was used. When the Crimes Act of 1790 was passed murder was punished as murder, no matter where the death might occur. Any other view than this would be to recognize an evil incurable except by an amendment of the ConstiGution of the United States. What absurdity, what picture, with the world looking on, for nation whose sovereignty exists, not through another nation, but through the will of it's own people, unable to vindicate it's own majesty, waiting for the State of New Jersey, which, by happy accident, it is claimed, alone has the power to punish the most heinous crime ! It is to me too clear for argument that this indictment is within the jurisdiction of this district. The underlying fallacy in raising this question of Jurisdiction is in not dis eliminating between the crime of murder and
 
 had come when it became the duty of this court to declare in plain and unmistakable terms the meaning of a statute of the United States, and vindicate the sovereignty of this nation reposed in their keeping. Mir. Reed followed, reiterating his former position, and when he had concluded court adjourned until Monday.
 It is understood that Henry K. Oliver, of Pittsburg, will be put on the tariff commis- sion to represent Pennsylvania, at the unani- nous request of the Pennsylvania delegation and of MT. Swank, secretary of the American Iron and Steel association.
 The Senate and House committees will pay long deferred visit to the Indian school at Carlisle to morrow.
 The Retrospect, local medical periodical, in it's current issue revives the Garfield phy- sicians quarrel, reprinting Dr. Bliss testi- mony that the late President Garfield chose him as his attendant, also giving fac-simile of Dr. Boynton's denial of the same with Mrs. Garfeld's indorsement. Afidavits are also published in which Dr. Townshend and Secretary Lincoln deny the testimony that he made digital examination of the wound at the depot and states that Dr. Wales first discovered the fractured rib.
 Colonel Frye is announced by MT. Cran1er, charge d'affairs, as appointed minister from Switzerland to the United States and will reach here soon.
 In the case of the Big Flat Gravel Mining company vs. the Big Flat Gold company Sec retary Teller has rendered decision revers- ing all former practice of the Interior depart ment in similar cases. Secretary Teller has determined as a part of his policy to disarm l all Indians, holding that they do not need arms for hunting purposes. The army will l shortly receive orders to take their arms from | rowing bands of Indians not on reservations. i Eighty clerks are to be discharged from the ! Navy department June l.
 l Sergeant Mason's case was considered al the Cabinet meeting to day, but no conclu. sion was reached. The Spanish American | commission was also considered.
 l Rumor says that Supervising Architect Hill, of the Treasury, will be replaced in g few days by MT. Stelnmetz, of New York. | Postmaster General Howe directs that let ters insufficiently prepaid, instead of being sent to the dead letter office after June 1st that the addressee be informed by the post master and the letters delivered upon pay ment of the postage due.