Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1893-05-06

The Madison correspondent to the
Evening Wisconsin says: Mrs Rus
sell charged with murder ut Eau Claire,
must be discharged, At least so say Vie
lawyers who have made a most care.
full examination of the matter and re-
viewed the judicial decisions bearing
thereon. The fatal mistake was when
the case was taken to the supreme court
before sentence was pronounced against
the woman in the lower court. No
Judgment was entered ON the verdict
of the jury declaring her guilty and ac-
eordiug to the decision of the NIaSSa-
ChusettS supreme court in Common
wealth va, Peck, reported in I Met
calf AS, the circuit court lost juIiSdic.
ton &C the case when it failed to sen
tenCe the woman Sections APO, 4721,
APO, and 4723 Of the Revised Statutes
Of Wisconsin wee taken bodily from The
Massachusetts statutes and incorporat-
ed first in the statutes Of this state in
1910 These provisions were not inter
fercd with in any manner by any sue
ceediug legislature or revisers and in
A4l' HANSNlil NA+AANlNtH 0itllAA OAi
adopted.
Under the rules Of law if a statute is
thus adopted its Interpretation by the
supreme court of competent iurisdic.
ton is also necessarily adhered to- it
being contcnded that when a legisla-
turc Incorporates "a law of another
state into the statutes OF its own it
thereby takes il with a bniWledge of
its judicial effect The case against
Peck was decided by the Massachusetts
supreme court in 1910 and thus applies
directly to the Wisconsin statute as it
stands at present and oyerrides all
other judicial decisions in its force in
the Russell case.
Had Mrs. Russell been sentenced
and appealed to the supreme court she
would have been granted a new trial
on the exceptions which she took to
the methods Of procedure by the state.
This would have set aside the Judgment
and placed her again before the cir
cult court the same as though she had
not been tried. But by letting the case
90 to the jury before certifying the
record to the supreme court the lower
court, released jurisdiction and cannot
AGAR regain it, The Massachusetts de
cision holds as follows:
We are brought to the question
whether this this supreme court can
grant a new trial after the exceptions
are disposed of on the ground of newly
discovered evidence, misconduct of the
jury or for any other cause not appear
ing in the exceptions, and for which
new trials can by law be granted in
cases tried in this court 1t was argued
by the encouragement that the author
ity and jurisdiction of this court are
limited to a consideration of the ques-
tons arising on the exceptions, and If
they arc oveuulcd the cause is to be
considered s remaining in the court Of
common pleas; and that if any motion
for a new trial is to be made it must be
made there, But the court are of the
opinion that this is not correct view Of
the course Indicated by our statutes,
When the exceptions have been allow
ed 10y the court of common pleas, and
not deemed frivolous and when the
party has recognized or been commit
led 70 apear at the supreme court and
abide by any and all orders the court
IT common pleas ceases to have any cog
uizance Of the cause, and full cOgnizance
thereof is transferred to the supreme
court. 1t follows as a necessary con
sequence that upon such allowance Of
exceptions and recOgnizance or commit
ment no motion for a new trial can be
received by the court of common pleas;
md if the party have a right to make
motion anywhere for a new trial it
must be in this court
From this and other parts Of the de-
ason it is evident that no one has the
right to move for new trial except de-
PENDANT, and rs Mrs. Russell's counsel
IS satisfied with the reversal of the for
mer Judgment by the supreme court
il is certain that the defense viii not
ask 20 reopen the case. 1t is possible
lhe state will ask Judge Bailey to sub
W' to the supreme court a question
covering this point, but it is plainly
noticeable here that the lawyers on
both sides are inclining to the view that
Ms Russell will be given her freedom
'hOut undergoing q second trial.