The times., 1899-01-04
THE LOWER COURTS ERRED
New Trials Ordered for the
Convicted Murdefers.
AN IMPORTANT DECISION
The Opinion of the Highest Tribunal
The Jury Has Discretionary Pow
ers Vested by Congress-Numero"s
Cases settled by Yesterdays Dec'-
sions-Thc Status of Natural Gas

Yesterday oVerruied tDe uecisioh VI -
Court of Appeals for the District oil COL
umbia, denying the motion for new trial
in the cases of William Strathers, Edward
Smith and Charles Winston, who had been
convicted of murder and were uncer SEN
tence 10 be hanged. The decision in effect
also reyerses the decision of the trial court
and orders a new trial for the prisoners.
AT the district attorneys office yestsr-
dav. after the news was received, it was
learned that an effort would be made TO
hiring the accused to trial again al as cary
n dare as possibIe. IL is very piobab
mai these will be the first of the murder
cases on the docket which will be called
after the recess taken yesterday oy 'he
Supreme Court of the District untli jan
uary 16.
Sirarhers was convicted on February
10. 1895. OF the murder of Rosa Taloeit,
before Justice Bradley, in Criminal Cou.t
No .. and sentenced to be hanged on May
: following. He was defended at his trial
bv Samuel d. Truitt, who noted excsp-
tions TO the trial judges charge TO the jury
and moved for a new trial Ihs pIln'
raised by Mr.. Truitt was that. the presid-
ing Judge erred in charging the jury taat
ii should first find mitigating cFeunl-
stances before it could properly quaiiiS
without capital punishment.
The motion was oyerruled and the case
was taken to the Court of Appeals Tor ihe
District which sustained the judgment Oh
the lower court. Associate Jusnce Shep-
ard. of the Court of Appeals, however
submitted dissenting OPINION ID WhlcH
he held that the act of November -, 1885,
giving Jury the power to qualify. was
main in its terms and should be accepted
as written. Mr. Truitt again appealed
and took the case to the Supreme Court
of the United States upon a writ OF Ger,
tiorari last November, and yesterday hSu
The satisfaction of having won a great
victory. When he arrived at the city nan
shortly after the decision had been render
ed he received the hearty congratulations
of his friends
When the Strathers case was taken to
the United States Supreme Court II was
followed in all its stages b. that OF smith
and winston the former being represented
nv Attorney F. S X. Smith and the latter
by George Kearney-
The opinion of the highest court WIS an
nounced by Justice Gray. who concluded
as follows:
THE instructions of the judge 10 the
iurv in each of these three cases now be
fore this court clearly gave the jury 70
understand that the act Of Congress dld
mo, intend TO authorize the jury to quality
without capital punishment, unless NIT
eating or pailiaiing circumstances were
proved
This court is Of opinion that these in
strIctious We're erroneous in matter OF
law. as undertaking TO control the disere-
ticnary power vested by Congress ID the
iurv and as attributing 10 Congress an in
tention unwarranted either by the express
words or by the apparent purpose of the
statute.
II is understood that Associate Justices
Brewer aud McKenna dissented from the
majority OF the court but did not submit
opinions.
In the case of the Washington Market
Company VS.. the District of Columbia. the
decision Of the Supreme Court OF the DIS
trict Of Columbia was sustained
The conviction of Henry ". Scott in the
Federal Court for the Southern district OF
New York, for stealing letter was con-
frmed.
The old claim of the heirs of Donald Nc
Kay for additional money under the con-
tract for building monitor during the
Civil War received another setback In
1890 Congress passed an act authorizing
the Court of Claims TO investigate thf
claim. but no consideration was 10 be giver
10 the question of whether or not an in
crease OF the price of labor and materia
had occurred in the contract period Th'
court gave judgment in favor OF Mckay Z
executor for large sum as compensation
occasioned by the loss OF the advance il
the price OF labor and material, but foun'
that this advance had occurred in the con
tract period For the reason that considera
tion of that fact was excluded by the ac
of Congress the Supreme Court sent tn
case back 10 the Court of Claims with in
structions 10 reform the judgment by omit
ting sums allowed for the increase of pric
of labor and material.
The court affirmed the judgment Of tn
Court of Claims refusing TO give the heir
and surviving partners of Simpson & CO
anything on their claim for damages in tn
construction of the dry dock at the Brook
lyn navy yard occasioned by the discover
of bed OF quicksand in the site selecte
for the location OF the dock.
An interesting question was settled b
the court when Justice White interprete
the will of Mrs. Mary Ruth, mother of III
late DR.. Ruth, surgeon in the navy. |
the will as originally drawn, $4,000 wa
given TO the hospital of the University {
Pennsylvania, to endow bed as a memo
rial for the decedent; the residue of th
estate was 10 go TO the Home for Incur
ables in New York for the same purpos
codicil revoked the .bequest of s.
heretofore made by me TO the Home OF Il
lncurables in New York" and gave thi
10 the son of the testatrix and herself
her illness. The will went to the cour
fer construction and finally reached II
Supreme Court Justice White said u
testatcT evidently meant TO revoke the b,
quest Of 5000 10 the hospital of the Tn
versity of Pennsylvania, and substitu
Emeline Cclville in its place and dona
the residue of the estate TO the New Yol
Home for Incurables. ANY other col
struction he said would do violence
the fundamental rule for the inferpret
tion cf conflicting phrases and defeat Il
Will Of the testatrix; the use of the desi
nation Home for the Incurables" WI
manifesiiy an error.
The status of natural gas was fixed
the Supreme Court yesterday in an opi
ion read by Justice Peckham. containii
the decision Of the court upon the case
the United States vs.. The Buffalo Natur
Gas and Fuel Company. He said # W
properly TO be described as natural bit
men. and therefore not dutiable under 4
tariff law. The Buffalo company broug
gas into that city from Canada and I
collector Of the port assessed the gas
10 per cent as non-enumerated unman
fsctured article. The court below deci
ed that II was not dutiable. and its jud
ment was confirmed
Admitted nt Length
From the Brooklyn Eagle)
1t took go pages Of type written matter for
spaniards 10 say, Were whipped" And eve