Sacramento daily record-union., 1883-09-25
HURTADo AND RAFEE.
They Will Not be Hanged Friday-Granted
Another Lease Of Lie.

They Will Not be Hanged Friday-Granted
Another Lease of Life.
Supreme Justice Field has granted, in the
United States Circuit Court, the petition of
Josa Hurtado aud Simon Raten, tried and
convicted of murder and sentenced to death,
for writ of probable error to the United
States Supreme Court, The petition was On
the ground that the petitioners were tried
under the form of information, and not an
indictment by the Grand Jury is was there
fore contended that the conviction was not in
due process of law" The Judge stated
that he had consulted three of his associates
at Washington judges Harlan, Mathews
and Miller-and upon their recommendation
allowed the wit. The Judgment was ordered
suspended until decision had been reached
10 the United States Supreme Court.
The following il tbe decision of Justice
Field iu the cases referred to:
The defendants, Hartado and Raten, have been
tried and convicted in the state Court of California
and sentenced to death.
The accusation upon which they were tried was
| presented in the form Of information fled by
the District Attorney of the county Of Sacramento
and not by an indictment or resentment OF a
Grand Jury. They therefore contend that the pro-
ceedng by which they were convicted and sentenced
I
raised before the supreme Court Of the State, on
appeal from the J1dg nent OF the lower Court, and
the validity OF the proceedings was sustained. The
defendants now ask for writ OF error from the Su
preue Court of the state TO the United states Su
preme Court in order that this question may be re-
viewed there.
| have much doubt as to the soundness OF the OBJ
lection aIn rather under the impression that the
manner in which an accusation for felony is pre-
sented whether by Grand Jury or by public
officer Of the State in the form Of an information, is
matter more Of procedure than OF substance, and
which can be regulated by the Legislature Of the
state that all that Is sufficient to constitute due
process Of law is that the accused shall have the
benefit Of jury trial, be confronted with witnesses
against him, have compulsory process tor witnesses
in his favor and the assistance OF counsel. These
would seem to be sufficient insure him protection
ageinst any arbitrary proceedings, and fun and
fair presentation Of his case,
The Fifth Amendment to the Federal Constitu-
ton, declaring that no persl shall be held to
answer for q capital otherwise Infamous crime
unless on presentment or ind c.ment OF Grand
jury except 10 cases arising in the land or naval
forces or in the m tis when in actual service IN
time of war or public danger, applies only to the
Courts of the United States Il has no application
to State Courts and therefore the matter is LETT as
it would seem to me, subject TO State control
But rs the life of the prisoners IS st stake, am
not willing to rest entirely on my own judgment,
and have consulted my associates at Washington
The three who are now there answered my telegram
on the subject by a statement that they think the
\
in the Supreme Court.
| shall, therefore, allow writ Of error il the two
cases, with stay Of proceedings in each until the
| judgment of that Court is had thereon.
ordered accordingly.
The following restraining order was served
last evening on Sheriff Estill:
The President of the United States Of America to
All. H. Estill, Sheriff OF the County OF Sacramento,
State of California, greeting:
Whereas, IN the action entitled the People of the
State OF California Simon Raten, writ Of error
TO the Supreme Court Of the United States has bees
granted by Hon. Stephen J. Field, Justice Of said
Court dree'ed to the supreme Court of the State OF
California; and whereas, 1t has by said Justice
been ordered that the execution OF the judgment
said action be stayed pending the hearing of said
action, and until the final determination thereof in
the Supreme Court Of the United States
This is. therefore, to command YOU that YOU pro-
coed no further, and that You absolutely refrain
from the execution of the judgment ia said action
until the final determination of said action In the
Supreme Court of the United Ssates and until fur
ther order herein.
Witness the Hon. Morrison R. Waite Chief JUS
tice Of the Supreme Court Of the United states this
18th day Of september, 1883, and OF the indepea-
dence OF the United States the one hundred aud
eighth. fSignedl L. S. 3. SAWYER, CleFk.
The shove writ is hereby SLOWED.
Tsignedl STEPHEN J FIELD,
Associate Jsstice Of the Supreme Court of the
United States