The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-02-05

timidating a member of his own crew.
While so holding the weapon 1t was
discharged, either Intentionally or by
accident, and the ball hit and killed a
man on neighboring schooner belong
ing 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, but on the Society
Island schooner. 1t was an act there
fore, done under the territorial govern
ment of the king of the Society Islands
and not within the admiralty jurisdic-
ton of the American courts. On the
trial in America it developed that Capt.
Davis had actually been tried and
acquitted before the South Sea mon
arch whose subject he had killed.
An eastern writer, discussing the Bot
kin matter, has called to attention an
English case of historical Importance.
The case is of comparatively recent
happening, and has to do with the
state of law in England as. 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:
The we'll known attempt of the Ital-
ian patriot Orsini to assassinate the
Emperor Napoleon III took place on
January H. 1858. AS the emperor was
about to enter the opera house in the
Rue Lepelletier, in Paris, on the even
ing Of that day. several small bombs or
hand grenades were thrown at his car
iage. Miraculously the explosion did
not injure the emperor or empress, but
it resulted in the death of eight persons
and wounded 40 others. The bombs
were manufactured in England, whence
they were sent to OrSini.
This explosion is accredited with
mopentous results. 1t gave momentary
popularity to the empire, but eventually
contributed to its downfall by hasten
ing the war in Italy between France
and Austria
''Bdt its consequences in England alone
concern us. 1t was alleged that England
was harboring the confederates of the
criminal men placed outside of COM
mon justice and under the ban of HUI
manity,' and the English authorities
were urged to act. One of Orsini's con-
federates, DR.. Simon Bernard, a French
refugee, was. arrested in London, and
the question arose as to the punishment
(which could be melted out to him under
the law There was a statute 90 George
~, e. 2l providing for the indictment
in England of any OF his inajesty's sub
iects charged with homicide committed
on land out of the United Kingdom but
Sir Richard Bethel, the attorney gen
eral in the Palmerston administration
then IN power, was of opinion that this
gave no authority to indict aliens in
England committing acts abroad Or
the Sth of February. 1858 therefore
Lord Palmerston brought in the con-
Spiracy-t to- murder bill whose defeat
produced the downfall of his admins
tration. Upon the debates on this bill
such legal authorities as Lord Camp
| bell, Lord Brougham, Lord Wensley-
dale and Lord st. Leonards expressed
the opinion that aliens could be prose
cuted under the statutes of George "
and that conspiracy to murder abroad
accompanied by overt acts in England
was indictable at the common law. Der.
nard was tried under the statute OF
George ~, and acquitted on the evil
dence''
The same writer presents a strikingly
anomalous condition which may arise
under American statute law. He points
out that if man in Maine sends an in
fernal machine to a man in Texas
which causes the receivers death. the
guilty party is not liable to prosecution
! IN the state of Maine. If however, hi
invites or persuades a human being IL
/ accomplish the death of the same vic
tim in Texas, he may be indicted ant
I punished in the courts of Maine. Ii
other words, the direct accomplishment
OF his criminal purpose is not indict
able. while the indirect accomplishment
| OF the same purpose renders him sub
9ect to punishment at the hands of tn,
/ law.