Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-11-09
SHEFFlELD'S DEMURRER
10 tho Indictment Concerning The
Killing Of Joe Leonard.
Arguments by Counsel for the Prose-
cution aad Defense ncforS
Judge Zane Ioday.

The legal arguments by counsel on
tho demurrer TO indictment charg-
Ing Private Edward G. Sheffield, n
soldier stationed at Fort Douglas,
Lieut. Buck and Sergeant Lin1e with
murder ia the second degree-namely,
the killing OF joe LeonatI-were male
before Judge zabe this morning. Il
was Ia regard TO the particular cnse Of
Sheffield, however, that the point was
raised today. When that defendant
was arraigned last week he entered n
| plea OF not guilty, also special plea,
| In writing, OF former acquittAl snd NJ
Jurisdiction. The fun text Of the
demurrer was publishuj in the col
umns Of the NEWS al that time.
The prosecution today was repre-
senteI by Assistant District Attorney
HoWat. Tue case for the defense was
IN the hands OF Attorney G.. 3. Nnrian,
Captain a. g. sharpe, Judge advocate
OF The department OF Colorado; AtIOr-
ney VIM. A. Ulman and Attorney
Richard W. Young.
Tho prosecution now put In de-
muffcr % the special plea OF the de-
lendant sheffield on two grounls-lat,
that no lar ~ tho latter denied the
Jurisdiction Of thls court the plea was
bat, in that 10 did not appear the c0ur,
hau not Jurisdiction 20 try the defrnt-
aut fur tue ufiunHu charged in tue iu-
dio,muut. but such Jurisdiction up.
pearuu on the lace OF this plea.
2nd, ina, 10 lar as related
10 the plea OF former hcluil.
tai, supn plea showed upon liz face that
the defendant had not been tried for
the crime charged In the indictment
by any court having iurisdi, ton Of
said otlcnse. anu tnat the general
court martial which tried the defend.
ant i0r tao act upon which tho in
diCtment was founded had no iuriE-
dicliOn or authority " Try him
for the crlmb charged In the indict.
ment.
The prosecuting attorney maintained
that tnu Font DOugas military
reservation was not within the ex-
elusive Jurisdiction Of the Uliled
Stats, and that the Uuit6d SlRle1 mad
given 10 the Legislature OF Utah iuris-
dictiou anu control over ". Every foot
OF land IN this Territory, EXCEPT such
90 was included IA tho lui N Is.erva.
don, whore tho title gtill remained Ia
the United Siates, was unirr territorial
Jurisdiction. Court maTligir, no faii,
hgd no Inherent right 10 punish for
any Oitnsc, except 80 far ~ was pro.
yiutd ny gCl Of Congress.
AltorH y Nariau, In his reply, held
that where the criminal act was not
ouly an oiunss against military law
and discipline tut ElbJ constituted "a
civil crime against society, AMI was
committed under the Jurisdiction Of
the one sovereignty, Ia TINS clFu me
United States, the offender might bu
tried In the owl court or by court
martial. Tho very fact of Congress
having enacted a law prohibiting tue
crime " murder within f1rt wa, ho
contruded, OF Itself, an assertion u eX-
elusive jurisdiction,
Judge Advocate sharpe followed and
Attorney Il. w. Young whs addressing
the court when adjournment was taken
Tor the noon recess. Attorney Ulmsn
next came Win his nrgum, nj, aud
Assistant District Attorney Howat
made bis final reply for the prosecu-
uJg,
Tho matter was submitted 10 Judge
Zluu at 1920, and by him taken under
AMUSEMENT.