Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1895-01-06
oURIoUs CASE.

a case LQaL Is Wltuout Pe-A $500
grown out of the fact that some months
ago Mr.. Hall, standing on North Caro-
lima soil. shot aud 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 a fugi-
tive from justice, The Judge OF the
circuit court refused to order his dis
charge, button appeal the supreme court
decided that he must be discharged be-
cause be was not In Tennessee when the
killing was done. A Raleigh special
says;
Justice Clark dissents Justice McRae
Joining In the dissent on the ground that
If, ia contemplation OF law, han was IN
Tennessee az the time of the killing, so
that he cannot be tried in North Carolina,
in the same contemplation of law, be must
be a fugitive from justice, for ne cannot
now be found in Tennessee, but IN North
Carolina. He says: If mob occupying
the jersey side of the Hudson should she'll
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 Tu contemplation Of law the moos
were IN New York and Pennsylvania. But
if il is true. as contended by counsel, that
the mem berS of the mob cannot be extra
dlted because the mob was never IN those
cities, il would be q singular state of things
and would place these cities, as well as
Savannah, Memphis. St Louis, Louisville.
Cincinnati, 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 men must recoil from the
practical ruling that the territory adjacent
TO the State boundaries is mo mans
land, and that murder is privileged II
committed across State line"
The two dissenting judges were
guided BY common sense and justice,
but the other three judges stuck to the
strict letter of the law.
Itisa funny case. As the Baltimore
sun puts il, if Hall was in Tennessee
ain contemplation Of law" when he
was physically in North Carolina,
where, "in 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 be must be alive, be-
cause Hall. according to the first de-
cision Of the court, was not in North
Carolina when he fred the fatal shot,
aud according to the second decision ne
was not in Tennessee. But where was
he? IL will not do 10 say that
he was in some other State, for
it IS well known fact that
be 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 to the conclusion
that Hall was nowhere at the time OF
the alleged killing, and, therefore, he
could not have killed Bryson, aud as it
is not contended that Bryson was killed
By any one but Hall, it follows that.
"in contemplation of law" he must be
more alive than Hall, who was nowhere
a few months ago.
The only thing to do now is to send
sheriff after Bryson and have him
fined for contempt Of court for his
fraud and false pretense in causing a
man TO be tried for his murder.
But II Hall is nowhere, where is BrY-
anno