Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1899-06-01

strange WAS the application OF the
law IN \ case where a mortal blow was
inflicted in Alexandria, Va, and
death followed in Maryland. 1t was
held that the court At Alexandria had
no jurisdiction OF the orfeuse as a
homicide, but only as an assault and
battery, the murder not being complete
in the iirst-uamed place.
The courts OF England wrestlcd with
complicated question of this kind In
list \ smuggler named George
CNamhes, standing ON the shore. fired
at and Killed the master OF the sloop
Orestes, who was rowing toward the
shore for the purpose or selling n
Smuggling lugger from which Coomhcs
had disembarked, The question was
as to whether Coomhes should be tried
Ivy the admiralty courts or by the
courts of common law, which has
jurisdiction Of the place where
Coomhcs was standing. The decision
rendered by this array OF Judges was
that the admiralty courts had turis-
dictton, the Crime being considered as
committed where the shot took effect
The United States courts some years
later dealt with n case OF similar char
acter. The defendant u man named
Davis, was master of an American
whaling schooner. While his YES
sci was lying at anchor In harhor
ot one OF the south sea islands he
took up his gun for the purpose OF
shooting or intimidatlng a member of
his own crew. While SO holding the
weapon 1t was discharged, either In
tentionally or by accident, and the ball
hit and killed n man on neighboring
schooner belonging TO the Inhabitants
of the Society islands The United
States courts held, In line with the
English decision quoted. that the
crime was not committed on the
American whaler. hut on the Society
island schooner, II was an act. there
fore, done under the territorial gov
eminent of the king of the Society is-
lands and not within tho admiralty
jurisdiction Of the American courts.
On the trial In America 1t developed
that Captain Davis had actually been
tried and acquitted before the South
sea monarch whose subject he had
killed.
An eastern writer discussing the
llotkin matter, has called to attention
an English case Of historical i'm
portance, The case is of comparative
ly recent happening and has to do
with the state of the law In England
rs regards the liability of foreigners
In that country aiding or abetting In
the commission of crime upon the
continent of Europe, Referring to
case and decision, the writer says:
"Thc well-known attempt OF the
Italian patriot Orsini to assasslnnte
Emperor Napoleon III. took place on
Jan, II, 1898, Az the emperor was
about to enter tho opera-house In the
Rue Lepelleter, In Paris, on the
evening of that day several small
bombs or hand grenades were thrown
at his carriage. Miraculously the ex-
plnsion did not injur the emperor or
empress, but 1t resulted In the death
Others. The bombs were manufactured
in England whence they we're sent to
Orslni.
This explosion IL accredited with
momentoua results. II gave mo-
mentary popularity to the empire. but
eventually contributed to Its downfall
by Fastening the war In Italy between
France and Austria But it's conse-
qucncos in England was harboring tho
confcderates Of the criminal men
placed outside OF common justice and
under the ban of humanity and the
English authorities were urged to act.
One Of Orsinls confederatcs. DR.. 81
mon Bernard, French refugee, was
arrested In London and the ques-
ito arose as to the punishment which
| could be meted out to him under the
law. There was statute 60 George
w.. chapter 21) providing for the In
| dictment in England OF any OF his
| majesty's subjects charged with HON
| icide committed on land out OF the
United Kingdom. but Sir Richard Be
thell the attorney general In the
PaImorston administration. then in
power, was OF opinion that this gave
no authority to indlct aliens In Eng
land committing acts abroad. On the
9Th Of February. 1858, therefore, Lord
Palmerston brought In the conspiracy
to-murdcr bill. whose defeat produced
the downfall OF his administration.
Upon the debates on this bill such To-
gal authorities as Lord Campbell,
Lord Brougham, Lord Wensleydale
and Lord st. Ieonards expressed the
opinion that aliens could be prose
cuted under the statute OF George w.
and that conspiracy to murder
abroad, accompanied by overt acts In
England. was tried under the statute
OF George ". and acquitted on the
evidence"
The same writer presents a striking
~ anomalous condition which may
arise under American statute law. He
points out that II man In Maine
sends an Internal machine TO a man In
Texas which causes the receivers
death the guilty party is not liable TO