New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-04-05
THE OMITTED STATES SUPREME COCRI.
AN OBSERVATION-DISCLOSURES AND wELLKNo"N
CONSPIRACY CASE DECIDED.

CONSPIRACY CASE DECIDED
Washington. April 4.-T,n Supreme Court TO-DAY nc
Cided against ONcil IN the case OF John OMEN as"9'
the State OF Vermont. O'Neil was liquor dealer IN
Whitehall ~ Y. lucrative part OF his business was
the fulmcnt Of orders received from tue pronoitioh
of Rutland st. As fast as orders we're received
O'NclI would ship jugs containing the liquor ordered
lie was indicted for violation Of the law OF vermont
forbIddng unlicensed sale OF intoAcants. The Gla
resulted In his conviction OF 437 offences against 'e
law and fines were rolled up to the amount OF So,l4o
and costs. This number Of offences was subsequently
reduced 10 800 aud the amOnn, OF fines 10 S6'l4o
Under the Vermont law It was ad!udgcd that O'Neil
should remain In prsoned three days Tor each dolhr
Of fine or costs unpaid whioil woud amount TO 1914
DAYS II none Of tho fines or costs were paid. one
months imprisonment was also ordered. with aqu
tional imprisonment In case the fines were not pld.
ONc appealed the from tue trial court but maj
judgment was given against him By the courts OF
Vermont in February. 1ssG. This case IS really
the original Of tho original package cases be-
fore the United States Supreme Court it hav
Ing ancdatod the Licsy Hardin case from Iowa.
In tho argument here ex-senator Garland represented
O'Ne and senator Edmunds his native state. ADJ
tonal interest lent 10 the argument by the address
Of Mr. Edmund, who ccturrd the court on it, decision
I'm the Iowa case The court dismissed the writ Of
error holding that the sale took place in Rutland, VI
and not I'm whitehall. y. Y, and that Therefore there
was no Federal question Involved Of violation of the
Interstate commerce clause of the Constitution. justices
Field and Harlan d>,cnted
Tho Logan case. which has become celnbSted
throughout the southwest because 0f the sensational
ard romantic character Of the circumstances out Of
which arose decided to-day IN the United States
supreme Court In favor Of tho United states. and
against Eugene Logan. Waggoner and Wallace, the the
defendants 10 the suit The story Of the affair reads
Hike u dime powell. The MARROW brothers arrested
n charge Of Larceny committed IN the Indian Ter
tory. In fight which took place the sheriff WIS killed
The Mnrlows surr ndorcd and were locked IN jail A
mob assaulted the oil for tho prpose Of ynchng the
Marlows. but the assault was resisted successfully, and
tie mob was beaten or In oricr to prevent a second
attempt at ynching, the Marlows and two otAor
men pnt into carriages 20 be- taken 20 a
Jail IN an adjoining county on the way The
party vayn.d. and tho evidence went 10
show that soWc % tho guards accompanying tho
prisoners pnsucs to the ambush Tho NARROW
brothers slipped out OF tho hacks when the firing
bcsnn. and though Stacked 10 each other, wrestcd
arms from their nssaan,s ard used them With such
deadly effect That the mob rctrcatcd. leaving Of
their number on the ncld Two Of The Marrow brothers
were KILLED In the fight. but the other two. though
badly wounded managed 20 escape. and finally recov
cred frum their wounds. number OF men ALLEGED 10
have been concerned in the nmbuscndo tried for
murder. but escap,d and then they indicted for
conspiracy. Tic tral resulted In the conviction II
young Wacgoner aud Wallace. and the maximum pen
atty u The law was imposed upon them. When tho
cae came bcfDc the supreme Court the main question
20 whether not the right Of a citizen ~ the
United states. IN the custody Of United states Marshls
10 answer Indictment against lin. 10 be protected
against lawlcss violence f. rlght secured 10 him BY
The Constitution or laws Of the United states. The
Court IN an opinion hy Justice GRAY. answered the
question in the Affirmative. and affirmed The decision
- the Dlsttc, court.
40. 90. Roger ". sherman. plaintiff In error ast.
Irving Gr.nnell and Others. executors etc. Dismissed
FOR tho want Of jurisdiction.
80. iEo. Albert IL. ''a,pcll plaintiff In error agt
The Northern Pacific Railroad Company. Judgment
reversed. vith costs and rcmaudcd with dlr,c-
lions send II back Ia tho District Court for tho Fitth
Judicial District. North Dakota and 10 return the
original flcs ~ that court.
10. 1869. The National EXcbangc Bank OF Bait
more. appellant. agt. ". H. Peters, receiver ct al
Motion TO dismiss submitted.
so. l.51J. The Ncw York and New England Rail
road Company, plaintiffs IN error, agt. Harriet 5
Eum>cy ct al. Motions t. dismiss or affirm sub.
mlttcd
80. go. /. l.. Underwood ct nj, appellants nst
tho Metropolitan National Bank Of New York ct al
suggestion 81 death of John j. Mqetn. one ~ the an.
p"lr"s h"reiu. and appearance OF Julia Ma,iin ex-
ccutriX etc. filed and entered. Argued.
The call Tor Tu'sdnv. April ?. viii be a. follows ::
No. ~, 20, 21d. 40 (and 277l, 80, $50, 3Ol
l,3O2 1874 and l,31J.