The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1901-10-22

Jury for Investigation.
some light is thrown upon this
extraordinary legal proceeding by a
case in point, which the Boston
Transcript calls to mind, and which
was tried several years ago under
the law Of Massachusetts,. SAYS the
Transcript.
The provision IN the New York law
brought into notice by the Czolgosz
case. for . jury trial in capital cases
notwithstanding a plea of guilty by
the accused. recalls the celebrated
case of Edwardw Green. who mur-
dered Frank Il. Converse in Maiden,
December Is, 1868. Green was ar
raigned upon an indictment for muir
der in the first degree in the Massa-
chusetts supreme court before a
single ustice, Ebenezer lockwood
Hoar He pleaded guilty and was
sentenced without giving the case to
the jury This was according to the
provision OF section 8, chapter 1l2,
of the general statutes, "a person in
dicted for a capital crime may be ar
raigned before the court held by one
justice. and if he pleads guilty such
court may award sentence against
him according to law"
Hon. John A. Andrew. then COVER
NOR OF the state. declined TO sign
Green's death warrant on the ground
that section 3, of chapter 100, of the
general statutes provided that the
degree of murder shall be found by
the Jury" and also because of the
provision in the constitution, chapter
?. article ?. Each branch Of the leg
islature. as well as the governor and
council. shall have authority to re
quire the opinions OF the justices OF
the supreme judicial court upon i'm
portant questions of law and upon
solemn occasions" BY vote OF the
council at the ingtance of the Cover
nor the question raised in this case
by the executive was referred to the
supreme court. The court returned an
opinion, signed by Justices George t.
Bigelow, Theron Metcalf, Reuben A.
Chapman. Charles A. Dewey, Ebenez-
err r. Hoar and Horace Gray, Jrp In
which It was held that y was compe-
tent for the court when held by sin
Gle justice to arraign, try and pro
coed to sentence, upon a plea OF
guilty. The court further held that
the provision in chapter 160 Of the
general statutes that the degree of
murder shall be found by the jury was
intended only In cases where there is
q rial of an indictment for murder, or
ON general plea of not guilty, or
plea OF guilty OF murder in the sec
ond degree. and not guilty Of murder
in the first degree. But they say,
'ft is not designed to repeal or alter
the well established rule Of the com
mon law by which a party indicted
Tor an offense. however great its na.
ture. may enter a plea OF guilty there
to. IL he sees ft to do so. In such a
case there is no issue to be submitted
to jury on which a verdict can be
fouad."
Notwithstanding this unanimous
opinion in which. by the way, the
justices took occasion to say that they
had taken this view at the time Of the
sentence, Governor Andrew withheld
his signature to the death warrant,
and the sentence Of the court was
not approved by the executive until
Governor Bullock came into office in
1866.
IN murder trials the law OF New
York is similar to the law Of Massa-
chusetts; and since the conviction Of
Czolgosz might not have been perfect
" legal without the Intervention OF a
Jury In the case. It is well enough that
the matter was given this direction.
IN ordec that any doubt resting upon
the legality of the proceedings might
ha dieneUed