The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-06-13
upon the statement that there is no evil.

court to submit one piece OF legal evidence
The States attorney demurred to Mr.. |
Trude's remarks, and made the point that |
Sullivap's petition did not set out the tes- |
timony taken before the Coroner's jury.
"Have you ,ead the petition?' asked
the Court
"No; but l have Mr. Trude's statement
that he doesn't recite the evidence"
''Do you demur to q petition on the op.
poste counsel's statements?" asked tho |
Court sharply.
Mr.. Trude handed the States attorney
the petition, and suavely said: perhaps |
you had better read this and tee what you |
are demurring to-"
Mr.. Longenecker read Tho petition and |
then renewed his demurrer and cited the |
case Of Keeper in the twenty.second lii. |
nois, where it was held that the court |
should rely on the Prescriptions Of tho |
committing officer rather than on the |
statement Of the accused or his counsel.
Senator Duncan replied 10 Mr.. Longer. |
ecker that the cases OF Sullivan and KEEP |
per were different. In Keepers case the |
prisoner was personally before commit. |
ting magistrate, while Sullivan's commit |
ment was made on the finding OF Coro- |
ner's jury. Ii the States Attorney had |
anything substantial, relevant or direct lac |
should produce it.
Judge Gilbert said il would be a prac.
teal denial OF justice TO require tho rela-
tor to set up the testimony OF 100 wit.
nesses consuming nine days He also
made the point that the verdict Of the
Coroner's jury was not sufficient warrant
for Sulliyan's arrest. 1t was impossible 10
i al from tho vorliNt xVbaN ~, 4
| Ivan was charged with. IL did not show
whether he was charged with being an ac-
cessory before or after the fact, or whether
he had a guilty knowledge OF the murder
before or after It. lie might have had
knowledge that the murder was 10 be com.
mtted without being an accessory, because
an accessory must aid or abet in the crime.
There was nothing charged in the verdict
directly, unless il was that Sullivan had
knowledge OF the plot or conspiracy, and
the accused should at least be admitted 10
bail.
Mr.. Trude followed Mr.. Gilbert. lie
said that the Klepper case cited by Mr..
Longenecker was decided in 1852 under
the act OF 1915. But Sulliyan's petition
was based ON the habeas corpus act of
1874, which did not require that the tesli-
mony should be set forth. Besides there
was no provision for the reporting OF tesii-
mony, and IL was impossible for tho
accused TO get it. Mr.. 1rudc said Il was
grossly improper 30 admit in evidence tho
suspicious OF deceased person, rs was
done nineteen times In the Cronin case in
one day. Tho inner workings OF dead
mans mind were brought before II. Such
evidence would not be sanctioned In a
court OF justice for moment
These statements went out 30 people who
did not know that the evidence was not
evidence at all. For instance, man
Dillon who said II was right to murder
men in England but not right to murder
men In America, gave evidence rs 20 Sui.
liyan's alleged spcculations through Les
ter, and this was brought in rs evidence
that Sullivan had something 10 do with
Cronins murder. Surrounded by Sulli.
vans enemies, the jury imbbcd all OF this
irrelevant and improper evidence based on
suspicion, surmisc and conjecture, and
found a verdict against him for murder.
The bill Of rights, which guaranteed the
inalienable rights OF citizens. provided
that unless there were positive proof, or a
strong presumption OF guilt, tho accused
should not bc held In imprisonment. Sui.
Ivan had made no effort 10 run away.
|
office by day. and he was not q fe.on who
/ had been brought back from some State 10
which he had lied.
Mr.. Trude referred 10 tho might scav.
ongers" who had been around trying 10
I collect evidence against the accused.
Judge Tulcy said: 81 nm relieved oI
some difficulty by the statement Of counsel
that the object Of this application Is to adj
nit the accused to bail. A demurrer to
the petition Is not proper practice, and
ought not 10 10 permitted. The practice
Is, II the States attorney desires 10 raise
the question Of the suiliciency Of the petit.
ton, he should move 10 quash the writ.
That is the only way 10 get the matter In
form. II appears TO mo Il would bea hard
/ ship 20 require prisoner 10 obtain a copy
OF the testimony before n Coroner's jury
, before he can sue 10 regain his liberty.
don't know whether the Coroner
has the power 20 give a certified
copy OF evidence. Tho verdict Of the Cor.
oncr's Jury is exceedingly indefinite and
Informal. II finds that these prisoners
were either guilty Of the murder or had
, guilty knowledge Of II. II finds neither
ono thing nor the other IL might have
boea sufficient had the Jury left out 'ol
had a guilty knowledge But the jury
have recommended that these parties he
held. deem II proper that the people
should answer showing whether there ID
sufficient evidence 10 hold the accused.
think that Is due. In view OF the indcii
niiencg Of the verdict. The only question
, have to determine Is whether there Il
sufficient evidence 10 hold Alexander sulli'
van without bail"
Judge Iongcncckcr offered 10 produce
J the evidence taken before the Coroner aud
let the Court read over those parts relating
, 20 Sullivan.
. Mr.. Trudc objected. lie said that the
practice In other cases WIS 10 put on the
stand the witnesses whom the State had
10 prove the charge made. lie wanted
J the States Attorney 10 bring on the wit.
nesscs and hear them verbally.
D 81 don't propose 10 sit here three or foul
. weeks, as the Coroner did," said th'
\ Court.
"Your honor won't have TO DO that. We
will never be able 10 got anything else like
: that Coroner's Inquest" said SIR. Trude
II was finally agreed that the cour
= should take the evidence heard by thl
Coroner's jury and have the testimony o
: those witnesses touching on al the allege,
: connection Of Alexander Sullivan pointcS
| out 10 him. II was some timo before Mr.
Trudo would consent 10 this. lie said tina
a neither he nor his client knew what lh
i evidence was, except by newspaper re
g ports.
Then the court suggested that II Mr.
Sullivan were not satisfied 10 leave In
a. A. A. A