The San Francisco call., 1897-06-15
WOkDEN S APPEAL.

Mr. Editor: Much stringent criticism mas
been uttered recently in the newspapers con-
cerning appeals to the United States supreme
Court, taken in capital cases from the judg-
ments of trial courts. In relation TO the
Worden appeal this is unjust. as in brief Will
appear.
He was sentenced TO be hanged June 4, 1897.
petition ior commutati ton. signed by 6O,OoO
citizens, was presented to Governor Budd. IL
was understood up to May 80, 1897, that
clemency would be extended. Then that
official declined to commute him.
At this point George w. Monteith first came
into the case as an attorney. He urged the
Governor to intervene for two reasons. one
was that new witnesses would concIus1Vely
prove an alibi for the condemned man Dy
showing that he was in Sacramento IN d
drunken stupor at the time when the Drloge
was undermined. The other was that the trlai
court al Woodland, Yolo County, denied the
jury the right to find q verdict OF muroer III
the second degree.
The contention is this: The prosecution
claimed that Worden, at the bridge two ana
half miles west of Sacramento, displaced Inc
rails to prevent the moving OF trains, ana
then ne disappeared. 1t was not asserted that
| he deliberately intended to murder any one;
But premeditation is an essential element OF
murder in the first degree.
Our statute further says that homicide done
in committing or attempting TO commit hVe
certain crimes shall be murder In the nrSt de-
gree, Notwithstanding there is no intent 10
kill. These five crimes are arson, rape, ROD
| berry, burglary and mayhem. All other homl-
cides where there is no premedltatlon are
murde er in the St cond degree. Hence the state
courts dem led Worden constitutional right
when the jury was forbidden the power 10
| find him guilty OF murder in the second de-
| gree.
These two points were argued to the Cover
nor by Mr.. Monteith, and the last one was
/ strenuously presented by him, in good faith,
| before Judge Gilbert o. the habeas corpus
! petition filed in the United States Circuit
/ Court June 3, 1897. At this last named date
] fayo M hot arNf a ri
/ into the case and argued before Judge Glloer'
/ the second proposition contained in the pc
/ tion for Federal Intervention.
| II must be remem Dered that in July, 1884,
the great railroad strike burst in volcanic fury
over the land The President ordered the
Federal troops to aid in carrying the mail,
! preserve property and keep order. General
! Graham, from the Preside, sent company 10
| Sacramento, because the State militia had
i failed there. On the day OF the homicide a
/ train OF mailcars (but without passengers or
| freight, guarded by twenty-five United States
/ soldiers, came from Ogden, passing through
/ Sacramento, destined for this City. When il
! reacped the bridge the train was ditched and
| five persons killed-the engineer and four
soldiers.
For the death of the engineer Worden was
Now, the question raised by me was
| (Which court, Federal or State, had iurisdic-
| tiOnT'
1t is admitted by all tnat the United States
/ courts are, under the facts in this case, com
| petent to Try Worden for any one of these five
/ homicides, and that such authority comes
/ from the fact that duty as TO the mail was
| being performed by the servants of the Gen
eral Government, under the san ctlon OF the
/ National constitution. 1t is further admitted
/ that the State courts could not bring under
/ their examination any act OF any one on that
| train, because such person could invoke the
! jurisdiction of the Federal courts, for the rea-
son that a National duty was being executed,
since the handling of mails etc, is an eXclu-
/ sively Federal junction.
! Now then, if the National Government could
] in IA nFaa ON 70 md no nfh fher
! defend, thus ouSting the State courts IS ii not
| a necessary, inherent coToIlary, that Worden
may defend under the same power? He had
constitutional right TO be tried by court
! that can render final and valid judgment,
either OF conviction or acquittal.
There can be no such thing as two sover-
eighties coneurrentiy covering the same sub
ject matter. Nobody can occupy two places
at the same moment No two bodies can
occupy one place at the same moment. A dual
sovereignty Is dual absurdtty, as fnconceiva-
bic two minds for one body, two master
forces in nature, two Gods, creating and rul-
ing the universe. Hence. tue National juris-
dlction, inherently arising in the case, ex-
cludes all State examination of the subject
ma tier and renders their judgments void.
Now, II must be apparent TO any candid per-
sou that these two points-one as 10 the degree
of the crime, and the other as to the voldness
of the judgment--are serious legal proposi-
tions and that Norden is entitled TO be heard
on them before the highest and last tribunal
III the Nation. Federal interYent tion is con-
stantly invoked 10 nullliy state laws and
state Judgments WDen the S9credDeSS OF prop
erty Is invaded. May not LIE and liberty
claim a Ike recognition?
May not the Naele case. growing out of the
defense of Justice Field from a deadly assault,
! be shield for the poor as we'll as the exalted?
"Even-handed jusuce holds the chaiice TO the
lips of all ali ke."
Therefore, it was not for delay but because
these contentious are deemed logically tena-
bic that Ihev are presented and will be seri-
ously argued before the United States Supreme
Court Yours respectfully,
JAMES TAYLOR ROGERS
June Ia 1907