Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-05-20

CHIEF JUSTICE FULLER CLEARLY SETS FORTH
The POWERS OF THE SUPREME COURT OF THE
DISTRICT SITTING IN GENERAL TERM AND DE-
CIDEs THAT THERE Is No FURTHER APPEAL
FEOM ITS ACTION.
A great amount Of interest has been centered
on the appeal to the United States Supreme
Court Of William ID. Cross, sentenced to death
for the murder Of his wife. On Monday last
Chief Justice Fuller, as announced in The
STAR of that day, delivered the opinion Of the
court. which was to the effect that Gross had
no right to a second appeal, and as he had
already appealed 20 the Supreme Court OF the
District he had reached the end Of his legal
tether. The interest Of the general public in
the matter is, however, small when compared
with that Of the legal profession, for the de-
cision upsets methods of practice which have
heretofore prevailed.
THE DECISION IN FULL
The decision, in full, is as follows; civilian
ID. Cross was tried upon Indictment for muir
der In the Supreme Court Of the District OF Co
hmbia, holding q criminal term. In March,
1880, and u verdict of guilty having been re.
turned and motion for new trial heard and
overruRd, was sentenced to death. He there
upon prosecuted an appeal to the Court in Cen
ersl Term, which reversed the conviction and
granted a new trial (19 Dist. Col Rep 562.)
"a second trial was had at the June, 1891,
special criminal term. which again resulted in a
verdict Of guilty, and, motion for a new trial
having been made and overruled, he was, July
30.lsgl. sentenced to be executed January %,
1872. From this conviction he prosecuted an
appeal to the Court in General Term, which. on
January II, 1892. finding no error in the record,
affirmed the Judgment. The opinion, by Cox,
j. will be found in 20 Washington Law Rep. 90.
rrIf of
court was allowed, on petition, by the chief
Justice Of that court. citation was signed and
served and the time for fling the record en-
hrged.
Ion the same day an order was entered by
the Court IN General Term that the execution Of
the sentence Of death pronounced against the
defendant BY the special term of this court on
the 30th day Of July, in the year of our Lord
one thousand eight hundred and ninety-one, to
take place on the 22d day of January, 1892, be
and the same h hereby postponed until the 10Th
day of June, 1892, between the same hours
specified in the said judgment of the said spe-
cial tenn :
'aThe case comes before us on motion to dis
miss the writ Of error.
THE SUPREME COURT OF THE DISTRICT.
"Under acts of Congress, the Supreme Court
of the District Of Columbia consists of one chief
justice and six associate justices, appointed by
the President by and with the advice and con-
sent of the Senate, and holding their offices
during good behavior. Special and general
terms of the court, and appeals from the former
to the latter, are provided for General terms
may be held by three justices, two constituting
q quorum, while special terms are held by one
justice. Any one Of the justices may hold
criminal court for the trial Of all crimes and Of
lenses arising in the District. (Rev. Stat Dist.
Stat 946, Q. SO, 6 q; 20 Stat 800, c. 80, S1)
by the act of July z, 1888, g Stat. 306.)
Criminal Court was established in the District
of Columbia; and it was held in En- pdrte Brad
leg, Wall 364, at our December term. 1865,
that under the act of March 3, 1868, az Stat.
f62) by which the courts of the District were
recognized, the Criminal Court still remained
q separate and independent court, although
held By justice of the Supreme Court OF the
District created by the act, and that the only
Jurisdiction of the Supreme Court in criminal
cases was in an appellate FORM But by the act
of June Il, 1870. 16 Stat. 1907 it was provided.
a. now embodied in section 753 of the Revised
Statutes of the District, that the several gen
eral terms and special terms of the various
courts, circuit, district, and criminal. should be
considered terms Of the Supreme Court of the
District, and that the Judgments. DEGREES. sen-
fences, &C.. of the general terms and of the
special terms and of the various courts should
be the judgments, DEGREES. sentences, &c, of
the Supreme Court, but that this should not
affect the right of appeal as provided by law.
THE QUESTION OF APPEAL
Section ~ reads: 'Any party aggrieved by
any order Judgment, OF decree, made or pro-
nounced at any special term, may. if the same
involve the merits Of the action or proceeding.
appeal tberefrcm to the general term Of the
Supreme Court, and upon such appeal the gem
eral term shall review such order, Judgment or
decree. and affirm, reverse, or modify the same,
- shall be Just"
And under section TO: "The Supreme Court
in general term shall adopt such rules as it may
think proper to regulate the time and manner
of making appeals from the special term to the
general term" &c.
The act of February 25, 1879, GO Stat. 800.
g. 80 forbade any justice to sit in general term
TO hear an appeal from any Judgment decree
or order which he may have rendered at special
term
By the act Of 1888 writ of error Law to the
Criminal Court from the Circuit Court of the
District, and Postponement of execution in
capital cases was provided for, and this car
ried into S45 Of the District Revised Statutes
The Supreme Court sitting at special term
and the supreme Court sitting in general term
are the same tribunal, but the Court in Gen
eral Term exercises appellate powers and is an
appellate court, although ii may also exercise
jurisdiction in hearing matters in the first in
stance Or. 8. Dist Col S. 770.s00). and the
hnal judgments or DEGREES which NAV be
brought here by appeal or writ of error are
those rendered by the general term. Such re-
view may be had when the matter in dispute
exceeds $4,000 (R- S. 705; 20 Stat $40. c. 49,
A; q Stat AS, C. 355, 81; r. S. ID. C. SIS $40,
SAD; but necessarily this does not apply to
criminal cases.
The language Of sections $40, SAT Of the Re
vtsed Statutes of the District of Columbia in
reference to the re-examination Of the final
orders, judgments or DEGREES of the Supreme
Court Of the District is taken from the act of
March 8, 1868. (l2 Stat. 762, 764. s IL which
was itself adopted from section of the act of
February "a, 1901, q Stat. 103.) repeated in the
oct OF March 8, 1879, GO Stat. 800. ! A. and re-
ferred TO IN the &c: of March 3, 1885, (23 Stat
4S and 10 alwaysc coupled with the provision that
the appellate jurisdiction should not be exer-
cised except where the matter in dispute ex-
ceedz q certain sum, OF, under the act of 1885,
where the validity of patent or copyright il
involved or the validity of treaty or statute of
or authority exercised under the United States
IL drawn in question.
We have, Of course. no general authority 10
review, ON error or appeal. the Judgments of
the circuit courts of the United States in cases
within their criminal jurisdiction or those of
the supreme Court of the District of Columbia
or OF the territories: and when such iuris,iic-
ton Il intended TO be conferred il should be
done IN clear and explicit language. Farms
worth " Montana. 129 L. =. 100. United States
Y. sanges- IA L. s., 80, $40: United States V.
tIore. 8 Cranch, l59
United States V. More was decided in Febru-
AIRY, 1893, and from that time it has been as