The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-11-14

Justice Henshaw. There are sever men'-
Of the court, eve Of whom oonourIeo IN
this opinion. The oflcial report does not sno"
how the Chief Jurtice, W. II. Beatty. voice IN
the questioned sustaining or reversing the Iuue-
ment. but II docs state that no dissented nom
an order denying a rehearlng, which wo sup
pose means a rehearing Of the appeal. Judge
In ooncurring in the opinion OF MT.
Justice Hcnshaw, said that while he coulo SEQ
no legal ground for q reversal, the convicuon
would have been much moie satisfactory II inc
had been tried In some county lhr
beyond the reach Of the threatening atmos-
phere which surrounded him at the placesot ms
San Francisco.
The decision Of the Appellate Division at Al
bany on Wednesday in the Antitrust law case
~sustains the constitutionality OF tho ANTITRUST
legislation OF 1897, so far as 1t passes upon any
constitutional question at all. All the JUSTICES
agreed that tho Legislature has power under
the Constitution to authorize q Judge to mako
an orde like that which was Originally made
By Judge Alden Chester In this proceeding for
the examination of the Presidents of the vari-
GUS railroad corporations alleged to have been
concerned in the formation Of the coal trust; but
n majority Of the court think that the Judge did
right in subsequently, setting aside his own order,
because the papers presented by the Attorney
General were insufficient to sustain 1t. This
conclusion leaves the Attorney Generala at liberty
to institute q new proceeding Of the same nature,
IL no can swear to facts enough to make out O
case within the requirements of the statute az
construed b. the prevailing opinion of the APP
pellate Division, which is written by Mr.. Jus
tice Merwin of Utica. Other constitutional
questions relating to the antitrust laws OF last
year will then have to be
The result of the recent election in Maryland
will DO to deprive the Republicans of any rep
resentation on the bench of the Court Of APP
pcals Of that State. The only Republican
member OF that tribunal at present is Associate
Judge George Mitchell Russum. who has just
been defeated; SO that after the LIST OF January
next all the eight Judges Of tho court will be
Democrats. Tho political complexion Of the
Court Of Appeals bench is somewhat remark
able, when we consider that four Of the nine
Judges of the Supreme Court in Baltimore city
arc Republicans, one of whom has just been
elected. The Baltimore Sun says that of the
twcnty-one Judges Of the Court Of Appeals of
Maryland elected since the reorganization of
the Judiciary Of the State IN 1867. only two
have been Republicans. The third Republi-
can Judge during that period is Judge Rus
sum, who was appointed by the Governor to
fill q vacancy. He dissented from the decision
OF the court last year, which held that tho City
Council, In the exercise Of its power to regu-
late the manner of making municipal appoint
ments. could not lawfully pass an ordinance
which deprived Mayor Hooper of Baltimore
Of all right to participate in the appointment
of officers Of that city.
The State Bar Association Of Georgia has
resolved to ask the Legislature to make three
important changes in tho criminal law Of that
commonwealth. The Criminal Code Of Geor-
gia provides that in capita: cases or cases in
volving Imprisonment for four years or more
the prisoner may peremptorily challenge
twenty of the jurors called to try him, and in
cases involving less than four years imprison-
ment he may challenge twelve Of such jurors
peremptorily. The State. however, il allowed
only one.half the number of peremptory chal-
lenges allowed to the accused. The first recon-
mendation is that this discrimination against
the prosecution be removed and as many chal-
lengcs be permitted to the public prosecu-
tor as to the prisoner. In'Georgia a defendant
In a criminal case cannot testify inshis own be-
half, but he has the right to make a statement
to the court and jury which shall not be under
oath and shall have such force only asthe.jury
may think right to give it." The State Bar
Association would do away with this system
and permit the prisoner TO be a witness for
himself under oath and subject to a proper
Cross examination. in accordance with the pro-
cedure in New York. The third reform advo-
GATED by the association is greater liberality in
| allowing defective papers in criminal cases to
be amended.
The case of Joseph e. Kelley, who has pleaded
| guilty to an indictment for murder charging
him with the killing of Joseph Stickney, cashier
of the Great Falls National Bank. calls atten-
ton to a popularity in the criminal procedure
of New Hampshire. The public laws OF that
State require Il person indicted for a capital
crime to be tried before two Justices of the SUI
preme Court; but he may BIO arraigned before
the court when held by one Justice, and II he
plead guilty. the court as thus constituted
may impose sentence upon him. Under such
circumstances, however. it becomes the duty
of the Judge, in q murder case, to determine
whether the prisoner is guilty OF murder in the
first degree or murder in the second degree.
In New Hampshire all murder by
poison, starving. torture or other deliberate
and premeditated killing. Is murder in the first
degree. and is punishable by death to be in
ficted by hanging. Murder in the second de-
gree is punishable by Imprisonment not exceed
ing thirty years.
The announcement comes from st. Louis that
a convicted murderer there, who Is TO be exc
;uted this week, has been negoniatinG with q
Of his body to the institution. In this State
sen has the right TO direct the manner in which
his body shall be disposed OF after his death.
Whether this applies to the case OF one con,
yicted. Of murder. however. may be somewhat
latin0 to the body OF q criminal upon whom the
death penalty, has been inflicted. such body,
unless claimed by some relative or relatives OF
the person so executed. is required by the Code
OF Criminal Procedure to be inferred In the
graveyard or cemetery attached TO the prison,
with n sufficient quantity OF quicklime to CON
sumo the remains without delay.
One of the masters at Rugby, who 10 the In
yentor of a method of musical notation which
indicates the quality OF tone Of each note, was
which has received the contemplation OF Mr.
sion Of the High Court OF Justice. The plaintiff
wanted to obtain a patent for his invention
and 10 that end sought the Government Patent
Ofaoe. While so doing he came upon the de,
PENDANTS establishment, on which was q large
sign bearing the words Patent ONCE and Q
shield and crown and other devices INDICATING
a governmental character. Relieving that II
was her Majesty''s Patent Office, the plaintiff
PENDANTS in respect to taking out his patent