The comet. (Johnson City, Tenn.) 1884-1916, 1895-01-31
Without q Parallel.

W A'AAs AAoiAi HNHhA
ing on North Carolina soil, shot and
killed Mr.. Bryson, who was standing
in Tennessee, just across the State
line.
Hall was tried and convicted in
North Carolina. On appeal this was
reversed because "in contemplation of
law" Hall was in Tennessee where
his victim was killed. He was then
arrested as fugitive from Justice.
The judge Of the circuit court refused
to order his discharge, but on appeal
the supreme court decided that he
must be discharged because he was
not in Tennessee when the killing was
done. A Raleigh special says;
Justice Clark dissents Justice Nc.
Rae joining in the dissent) on the
ground that if, "in contemplation Of
law, Hall was in Tennes see at the time
Of the killing, so that he can not be
tried in North Carolina, in the same
contemplation of law he must be
fugitive from justice, for he can not
now be found in Tennessee, but in
North Carolina. He says;
"If a mob occupying the Jersey side
OF the Hudson should shell the city of
New York, or from the opposite side
OF the Delaware should cannonade
Philadelphia, under the decision of
the court they would be liable to no
punishment in New Jersey because
in contemplation Of law the mobs
were in New York and Pennsylvania.
But il it is true, as contended by coun.
sel, that the members OF the mob can
not be extradited because the mob
was never in those cities, it would be
singular state of things and would
place these cities, as we'll as Savannah,
Memphis, st. Louis, Louisville, Gin
cinnati and hundreds OF other border
towns at the mercy of any mob which
might assemble with weapons OF long
range across the State line.
"Civilized man must recoil from the
practical ruling that the territory
adjacent to the State boundaries is a
mo mans land,' and that murder is
privileged if committed across the
State line"
The two dissenting judges were
guided by com non sense and justice,
but the other three judges stuck to
the strict letter OF the law.
1t is funny case. AS the Baltimore
Sun puts it, if Hall was in Tennessee
''in contemplation of law" when he
was physically in North Carolina,
where, sin contemplation of law" is
Bryson, the man who was killed. AS
a matter OF fact he is dead, but from a
legal point of view he must be alive,
because Hall, according to the first
decision OF the court, was not in North
Carolina when he fired the fatal shot,
and according to the second decision
he was not in Tennessee. But where
was he2 1t will not do TO say that he
was in some other State, for it ia q we'll
known fact that he was standing in
North Carolina when he killed Bryson.
This fact, however, is wiped out by
the highest authority of the land, and
We must logically and in legal sense
come te the conclusion that Hall was
nowhere at the time of the alleged
killing, and, therefore, he could not
have killed Bryson, and as it is not
contended that Bryson was killed by
any one but Hall it follows that, ain
contemplation of law" he must be
more alive than Hall, who was no.
where few months ago.
The only thing to do now is to send
the sheriff alter Bryson and have him
fined for contempt Uf court for his
fraud and false pretense in causing 8
man to be tried for his murder.
But If Hall is nowhere, where is
Brysonl-AHdnta Constitution.