Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-12-11
Judge stated he was satisfied on the
general point.
MIR. THoRP ARGUES.

Mr.. Ihorp argued in support OF the
demurrer by defining that murder was
4 crime fixed by the common law of
England and that the United States
statutes do not define what murder
Is. Ihe courts here usually follow the
practice of the English court. He asked
Whether the victim were Killed by one
stroke or two strokes and said it is
an important question as to whether
the crime occurred in the city of Nor
folk or on the Government reserva-
ton. He cited n case in which n man
was struck in Virginia and afterward
died pn Ohio. The Ohio courts held
that the crime was committed in Ohio
because the crime could not have
been tried in Virginia, because the
death did not occur in Virginia. He
quoted another case in which the
court held. that when the fatal stroke
occurred on the high seas and the
man died in the city OF Boston. the
case was not tried by the united
States Courts, because the death did
not occur on the high seas. 1t was not
case for the Government, because
the crime occurred only partly on the
high seas. The fatal blow was struck
there. but death occurred in the city
OF Boston. Murder cannot consist of n
crime committed partly in one place
and partly in another.
y JAR TO THE BAR.
He stated that the Guiteau decision
was II jar to the heart and TO the bar
of the country. He stated that in the
case of Guiteau, the decision of the
jurisdiction, by Judge james, was de-
cided for other reasons than those of
law. That he said was n decision nee
cssary for the protection OF the Presi-
dent.
The common law. according to Black
stone, is that when the stroke is given
in one county and the death of the vic
tim occurs in another county the case
cannot be tried under the common law
because there was no completed crime
in either place.
THE FINAL POINT.
General Allan made the final point
that the crime. as completed. occurred
within this judicial district and, there
fore. within the jurisdiction of this
court The blow and the death and,
therefore, the completed crime occurred
in the jurisdiction of this court.
RECESS FOR DINNER.
The court took a recess for dinner ut
80 o'clock till 4, during which time
Judge Waddill said he would examine
the law and be prepared to decide the
case of the demurrer.
This was n great relief to the whole
audience. for the tension had been very
severe.
NTenCral 2llan, the district attorney,
is suffering from a. severe case of
catarrh and. therefore. is not able to
speak with the force and eloquence that
are usual with him. But in other par
ticulars he seems capable of doing eX-
cellent forensic work.
NieSSrS. Thorp and Wilcox, for the
defense, are ready to contend for every
point that can be OF advantage for their
client. Despite the fact that Judge
Waddill had decided against them on
the first point of the change of jurisdic-
ton. and that he was about to decide
against them on the demurrer, they
showed neither disappointment nor
chagrin.
AFTER DINNER SESSION.
Judge Waddil appeared at AIS o'clock
and Immediately began to state his
opinion why the demurrer should not
he sustained. He said there was some
doubt about the decision on the views
of the common law where the blow oc-
CURED in one place and the death oc-
Cured in another This is n case in
which the death occurred within an
hour after the blow and in the same
city.
The demurrer was overruled and the
defense entered an exception.
The defense said that there will be no
further formal plea to make at this
time.
PRISONER ARRAIGNED.
The prisoner, NJ. II. Prince, stood be-
fore the clerk, Col. Geo. T.. Bowden, and
listened to the Indictment The indict-
ment is in four counts each one of
which is n separate Indictment stated
in great detail with very little varia-
ton, and with n great deal of formal
repetition. Two of these counts de-
clare that the victim, Cannon. was shot
and died on the reservation of the
United States, on land belonging to the
United States and ceded by the State
of Virginia. The other two counts vary
in stating that he was fatally shot. but
omit to state that he died there on the
reservation. In nearly all other respect
the four counts are similar. One
curious statement is the price of the
pistol. $12.75, which is repeated seve-
raj times.
During the reading Prince stood with
eyes downcast and shifting the weight
OF his body from one foot to the other;
not nervously but quietly. He sighed
deeply several times. but maintained n
rigid countenance. He plead in n firm
and steady voice. Not guilty" when the
reading finished. Thus the trial for
murder began.
GETTING THE JURY.
on contention as to the mode of
challenging the jurors. the court de-
cided in favor of the defense to adopt
the method pursued in the State courts.
The United States Court permits five
challenges for the government and
twenty for the defense.
SELECTING JURORS.
Mr.. T.. o. Hinton. OF Petersburg. one
Juror said that he had conscientious
scrupleS about innictinE capital punish