National Republican. (Washington City (D.C.)) 1872-1888, 1886-03-23
NAnDrLLo's NECK no srnnrcn.

SARDELLO's NECK no STRETCH.
An Incidental Decision Defining the
Status of Residents who Vote In the
States,
In the court In general term yesterday
Justice Merrick delivered the unanimous
opinion of the court in the case Of Antonio
NardellU, convicted Of the murder Of Car
mine Rotunno, and sentenced to be hanged
on the third Friday after the adjournment
Of the present term Of the court in bane,
affirming the judgment Of the criminal
court, and unless the President interposes
the man win be executed at the time here
tOfOre fixed upon. The case was carried up
on four exceptions. The first was that n
man named Watson, who was accepted as
q juror, was incompetent because he had
been summoned and served as juror
within two years, contrary to section Sl2 Of
the Revised Statutes. 1t was held by the
court that this section applied only to the
circuit and district courts OF the United
States, and not to the courts OF this Dis
trict. That section SCI was the law APP
plicable to this District, and which made
man competent when year had expired
from the time he rendered jury service.
The second exception was to the accept
ance Of Juror Mcdaniel on the ground Of
his being nonresident. II was proven by
the juror that he had been in THIS city for
the past fifteen years, IN the employ of the
Virginia Midland railroad, but claimed that
Virginia was his home, and where he voted,
although he did not spend more than two
weeks Of each year in the state.
Justice Merrick reviewed this point very
thoroughly, cited n recent decision In the
case of Gambrill VS.. the State OF Mary
land, (which was on all fours with It, u and
said there was not the slightest reason to
doubt that Mcdaniel was bona llde resi-
dent Of this District. A man who year I'm
and out gained his livelihood In q city, en-
joyed its advantages and benefits, proiited
by and was protected under its laws was
under obligation to make some return
when called upon. The mere pretense that
baehelor-and this juror was one-by
spending two weeks IN Virginia
in each year and the remainder
OF the year in this District
could absolve himself from all duties or OBJ
legations to the District upon the plea of
being nonresident was not to be permitted.
In the case Of Gambrill, the latter was
resident of Annapolis, and accepted an APP
pointment In one Of the government depart
ments, and removed to this city. His name
was stricken from the registry list on the
ground Of being nonresident. He brought
action against the state OF Maryland to
have his name restored to the list. Judge
Miller, in delivering his opinion, held that
Gambrill had lost his residence In the state,
and that his name could not be re-entered
on the registry list. Mcdaniel was declared
a qualified Juror aud the exception in his
case overruled.
The third exception ovorruled was as to
the admissibility Of statement made by
Rotunno the last night he was seen as to
where he was going, and what he was going
for. The last error complained of was the
admission of the testimony Of Detectives
Rair and Block as TO the confessions made
to them by Nardello. This was not con-
sidered Il good objection, and met the
same fate as the preceding ones.