The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-05-26
Who HAS JUR|SD|CT|0N2
An Interesting Question Of Law
Raised in the Barnaby MUIR
der Case.
The Poison Concocted In Provi-
dence, Mailed in Boston,
Taken In Denver.
In Which State Was the Crime Com
mitted? d?--What Court Shall Try
the Murderer?

DENVER, May 25.-District Attorney Stew
ems ls quite certain of the Jurisdiction Of
the Arapahoe county jury in the Barnaby
case. But lawyers in the east are not SO
certain, and the famous Chicago attorney
Luther Latin Mills, when he was here In
the Millington case, told the story of a man
who escaped conviction on the ground OF
no jurisdiction of the Illinois courts be-
cause the poison administered was not taken
In Illinois, but in Missouri.
According to the Boston Herald, lawyers
all over the country are watching the de-
velopments in the Bareaby case with the
deepest interest.
1t promises, says the Herald. if the mur-
derer is brought to trial, to make new law,
settle long-questioned points of jurisdiction
and establish binding precedents for the
conduct of future cases.
The casual reader of the details of the
Barnaby case feels at least sure that he
knows where the crime was committed. But
lawyers are not 80 sure. They see that the
first steps in the commission of the crime
were taken when the poison was prepared.
The deadly draught was compounded in
Providence.
The next step was taken in Boston, when
the bottle inscribed as coming from Mrs.
Barnaby's friends was mailed to her in
Denver. The crime was completed when
the unsuspecting victim swallowed the
fatal potion at the Colorado home of the
Worrells.
To reduce the question to simpler TERMS
suppose man stood in Massachusetts and
shot man in Rhode Island; where did the
crime occur? Was it where the bullet was
fired, or where it struck?
Where was the crime committed? Where
the hand was raise, or where the blow was
struck: where the murderer performed his
acts. or where their fatal result was felt.
The case raises very nice question of
law" said a weil-known attorney.
"In this Barnaby mystery three states are
concerned-Rhode island, where the poison
was concocted and the initiative in the
crime taken; Massachusetts, where the at
attempt to commit the murder was made
on the part of the criminal, and Colorado,
where the death of she aged woman was
we say the crime was committed-in Provi-
dence, Boston or Denver?
"lf it should appear that Mrs. Barnaby
died, as the coroner says, of congestion of
the lungs and DR.. Graves or any one else
is known to have sent the poison. the would
be held for an attempt to commit a mur-
der.''
Augustus Russ, the we'll known Boston
criminal lawyer. said when asked about the
jurisdiction in the much mooted case:
MANY lawyers may disagree with me, but
as at present advised think the crime was
committed in Colorado. The victim did
not die in Massachusetts. 1t is true that
the criminal was in Massachusetts when he
attempted to commit the murder. But he
did not ATTEMPT to commit a murder here
He attempted to commit murder there.
The attempt was successful at where he in
tended the blow should fall. I believe the
case, if it comes to trial. will fall within the
jurisdiction of Colorado"
DR.. Graves may try, if by any legal leger-
demain it can be done. to have trial in
Rhode Island, where capital punishment
has been abolished.
DIR. Graves was released in $4,000 bail
this evening