The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-06
SUPREME COURT DECISION.
Questions of Federal Jurisdiction
Brought Up.
NOT WHERE CRIME is CONCERNED
Everything Tended to Show That
Collins Received Fair and I'M
partial Trial.

The Supreme Court has affirmed the
Judgment and sentence In the case OF Pat
rick j. Collins. convicted ofithe murder oil
his wife, Sarah, on October 9, 1898, and
sentenced to be hanged.
The murder was committed in the kin
dergarten on Second street, and 1t was
argued on behalf of Collins that this prop
erty was in the jurisdiction of the Federal
courts, and that therefore the Superior
Court could not try Collins. Respecting
this contention the Supreme Court says:
"This objection comedies the jurisdiction
of the Superior Court over all places with
in the limits of the city and county, except
as to such parts-if any-over which the
United States has exclusive Jurisdiction.
This exception is created by the constitu-
ton of the United States, which provides:
Congress shall have power to exercise
exclusive legislation over such district quot
exceeding ten miles sQuare), as may. by
cessiOn of particular States and the &C
ceptance of Congress, become the SCAT
of the Government Of the Unlted
States, and to exercise like authority
over all places purchased by the
consent of the Legislature Of the
State in which the same shall be, for the
erection of forts. magazines, arsenals,
0OcK-VaTQS.
Section 81 of our Political Code pro-
yides. "The State has the following rights
over persons within its limits, TO be eXeT-
cised 10 the cases and in the manner
provided by law: l. To punish tor
crime,
"The mere ownership by the United
States of land or property within the
county does not show any Federal Jurls-
diction over crimes committed upon II, as
that fact does not GUST the jurisdiction of
the State; but the ownership must be
acquired by purchase, with the consent of
the Legislature, which is held TO include
the acquisition of property by eminent
domain when that proceeding is author
lied by the Legislature"
a case is quoted by the defense, Los
Angeles case, in which the offsnse was a
misdemeanOr, over which, il committed in
Los Angeles, the Police Court had exclu-
slve jurisdiction. The Supreme Court
however. decides that the case quoted does
not apply here. I'm that case. as such
Jurisdiction was given by law, and there
Iore must be judicially noticed, it did not
appear upon the face of the information
that the Superior Court had jurisdiction.
since it's jurisdiction depended upon a fact
which did not appear, namely. that 1t was
committed in that part Of the county out
side of the city.
1.-THE motion in arrest of judgment in the
case at bar was properly denied"
Technical exceptions were taken to the
proceedings during the formation of the
Jury A lurymen failed t. respond to HIS
name when called, and Collins attorney
moved to have an attachment issue and
the proceedings be stayed until he could
be brought into court and examined, but
as it appeared to the court that there were
present more than enough veniremen to
fill the panel the motion was denied. The
Supreme Court remarks: This ruling
was not erroneous. If the court were re-
Quired to suspend proceedings until an at
tachment could be served and the jurors
presence secured the impeachment of a
Jury in murder case would often prove
almost internIDable. Whether an attach
ment shall issue is within the discretion of
the court"
Several minor objections were taken to
the panel, all of which were OveTruled by
the Supreme Court. Then, again, certain
instructions asked by defendant were re-
fused because already given in the instruc-
tions prepared by the court. ''Such re-
tusal was proper" says the Supreme
Court.
The jury were amply justified in find
Ing the defense of an alibi not proven and
in finding the defendant guilty of murder
in the first degree We find no error Of
which the appellant can complain. The
trial seems 10 have been conducted with
great care and fairness by the court be-
low. and we have given the record such
careful eXamin atiOn as the great gravity
of the case demands"
The opinion is written by Commissioner
Haynes and Endorsed by the full court.