Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-06-19
THE GUIfEAU HABEAS CORPUS.
APPLICATION FOR A WRIT DENIED

In the case OF the application OF Mr.. Charles a.
Reed, the counsel for Guiteau, for writ OF habeas
corpus made to Mr.. Justice Bradley OF the U. s.
Supreme Court, the latter filed decision with the
clerk OF the U. S. Supreme Court this morning
The decision states that the application was based
on the ground that the Criminal Court OF the Dis
trict of Columbia had jurisdiction OF his offence
The supposed want OF jurisdiction is based on the
fact that although the mortal wound was inflicted
In the District, the death Of the President took
place In New Jersey, whereas the act under which
the indictment found (section $3.50 Of the Re
vised Statutes) only declares that murder commit
ted within any fort, ETC., under the exclusive ju-
risdiction Of the United States shall suffer DEATH
and jurisdiction is only given to the court TO
try G;y. crimes and offences Committed within the
"By the strict technlcality of the common law
| this position would probably be correct although
lawyer and Judge that ever lived uses this Ian
guage: AT common law, says he, if man had
been stricken In one county and died I'm another II
was doubtful whether he were indictable or tria-
bic In either; but the more common opinion was
| that he might be indicted where the stroke was
| given, for the death was but a consequent and
might be found, though in another county; and If
| the party died In another county, the body was
| removed into the county where the stroke was
| sum cOrpOris.'
This passage shows that in Hale's opinion, the
| principal crime was committed where the stroke
| was given, and that when the production of the
| dead body gave the jury ocular demonstration OF
the corpus detictl the difficulty OF jurisdiction
overcome. But to remove the doubt as to the
power Of Jurors to try such case, it was enacted
| by the statute 2 and 8 Ed. VI, ch. "a, that the
death occurred"
In cases where the party died out OF England
statute was enacted providing for the trial I'm the
county where the stroke was given. These stat
uteS, the decision goes to state, in force in
Maryland when the District was organized, and
became laws OF the District "If, therefore, the
District had continued part OF the state OF Mary
land with those laws In force, and IL the murder In
question had taken place exactly 1t did, II would
have been considered murder committed within
the state OF Maryland and within the county out
OF which the District was carved, and would have
been fndictable and tr1abe In such county. When,
therefore Congress- in 1901, conferred upon the
court OF the District jurisdiction to try ali crimes
and offences committed within the District it gave
jurisdiction to try the murder OF which the priS-
| Oner has been found guilty. 1t
occurs to me, therefore, aftera very careful con-
s1deraton OF the question, that the Criminal Court
OF the District had jurisdiction to try the OF
Guiteau, and that a habeas corpus for his dis
reluctant to interfere with the course justice In
| any case In which fair and Impartial trial has
been had and Jurisdictional questions fully con-
Sldered, unless 1t appeared to me quite clear that
! mistake had been made in assuming jurisdic-
ton, or at least that 1t was a question OF very
| grave doubt The question In this case was very
fully and learnedly discussed, both by the learned
| Judge who tried the case and by the Supreme
Court In General Term, and after a careful exam
1nat1On or the arguments OF counsel on both sides
| and OF the learned opinions OF the judges with
subject, l have reached the conclusion above