The San Francisco call., 1897-11-20

with a quizz cal il hection of voice. "Who
wrote the address p
- did, personally; if you would like to
have copy OF Ii l will give you one,
snapped ont AIR. Hosmer. Then he pro-
ceeded with his argument, after maxim g
tn point that it being a criminal case and
the defendant, not being present, no ac-
tion could be taken. Among other things
Mr.. HosnIer said:
The law guarantees q speedy trial. In its
enactment however there was q substantial
purpose TO be su ubserved-that a party charged
with criminal utfense might go free. In its
adoption they never thought that two young
girls, bordering upon womanhood, moving IN
church circles and sustaining characters be-
yond reproach, should, within ten DAYS of
each other fall victims 10 cruel and mercii ess
deaths, der circumstances pointing 10 one
person as the actor in both cases; hat the
supposed mu rderer should be tried upon Que
OF the cha ges, be found guilty OF murd In
the first degree, with the penalty of death !;
that Il judgment should be rendered that the
execution OF that penalty should be carried
out and the day of execution being
the only matter in doubt; that while
this state of affairs existed the party
charged should ask as right the privilege of
a trial upon the other charge, necessitatIng q
consumption of months of time, and an ex-
pendIture OF thousands of dollars OF money
with no substantial result following Berause
II acquitted the de enddnt still has the judg-
ment OF death in iull force against him, an
acquittal would not set him free. II convicted
vita the death p"naity, no greater punish
ment could be inflicted than he has been ad-
judged to suffer. aud if convicted of crime
with lesser penalty the punishme Mt wou ID
be su Innate 10 the judgment under which
he now stands condemned.
Aside from elementary law the request to
set this case for trial, upon the theory that
under all circumstances a defendant is en-
titled to a speedy trial of all charges against
him, is not In kee ping with the spirit Ui con-
stltutional construction.
In Taylor VS.. Tay ior, 10 Mimi, 107 12O it is
held eff a literal Interpretation involves
any absurdity, contradiction, injustice or ex-
treme hardship, courts may deylate from the
received sense and literal meaning OF the
words"
In Law VS.. People, 81 H., 3S5 it is held: "a
strained construction or astute interp! citation
is not to be given to relieve against local or
indiv dual hardships."
statutes provides that all their provisions are
10 be construed according to the fair i'm port
OF their terms, wi n view TO effect their b.
ject and to prom ote justice.
Viewing the request 10 set tn s case by the
intel Iigent rules that have been establish cd
for cunStrulng constitutional and statutory
law respect u.l7 submit that to try this co :
demned man upon another charge, while the
ju !gment OF elth stands against lin. merely
u-pended in lis iime of execution, on the
ground that it is entitled to a speedy trial,
would subj -ct our Jurisprudence to merited
ridicule and would subserve no other end.
General Dickinson then replied with an
argumen III which he urged that the case
be SET for the reason that it had been the
intention 10 try the case, and when that
intention was abandoned he was not ad-
vised. He also said the testimony was
entirely cireumstantial, and he believed
some of the jurors who tried the Blanche
Lamont case were opposed to capital pun
lshment. The expenditure OF money
should not be used as an argument. and
he hated o see it used,
The court assured Mr.. Dickinson that
he would not consider the matter of ex-
pense at all.
After some more argument of like ma.
ure he court denied the motion. An
execution was AIKEN oy the defense.
How many days will your honor per.
nit rs for bill OF exceptlons?r asked
Mr.. Denprey.
II will not make any order" replied
Judge Bahrs.
''Then we will take it so far a, the code
provides
II will make no order about it at all.
SIR" repeated The Judge as he disposed OF
the matter.