The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-09-22

vison and got what thsy. could. but q law
Wa finally enacted providing Tor ths pay
msuf Of . spsciho sum - follows;
When ssryice. are rend.red by eosnssl IN
pursuance Of such s~ssgnmsnt IN q esss weers
s psn,s snias' ss-rd dss,h' ~: Tie Court
n which n. defendant ls tried q tbe ac.io..
or lndlStmsn, Z othsrwls dispos.d 81 and IN.
thereof selss aisd sith de clerk o. .SSh
for hls service. IN such court. not eseeedihs
the sum Of ssop, which allowance SHAH Dc
eharc. uPcp u. eoSn,y u Sh, .a b sn1 pald
out Of the court fund. upon the oertincate Q,
the Judge OF Justice ,pre.idins ~ NE mm.Ss
unless an snidsvit Is nled With the liers q the
county by or on behalf Of the Defendant SHOW
ins that he Is wholly destitute of mans.
In the event Of conviction the Court
may appoint the date OF execution 10.
week beginning Tour weeks from .ne usy
the Court viii transmit To the Governor a
statement Of the conviction and sentence
with his own notes OF the uanscrtDed ho'os
Of the ~stenographer. and II there n no APP
peal. and the Governor dcchne- 70 NJ
i-re. the sontsnce will be excchted on the
day In question. An appeal VIII. OF courre,
operate a. Q stay OF and IN mos'
murder cases In this state the y "
generally taken 20 lengthen the lease VI
HE, II for no other purpose.
Should such an appeal he taken IN u
half "a Crolaosz II u mo-, unlikely that the
Court OF Appeals would take the matter up
as soon as the ca-e was ready. but the preps,
ration and printing might require sewers,
months, thus causing a delay wh'oh cou'o
not be avoided.
direct 20 the Court % Appeals and II ,ha.
| Court ~ satisfied that the verdict was against
the weight ~ evidence or against law. or
hat justice requires a new trisl' " may 70
order even II no exceptions are taken ia
the trial court. This provision regarding inc
absence Of exceptions IL, however discretion,
ary, for the courts have held that the accused
person II not excused from compiyins
with the settled rules OF practice apphca-
ble to the trial OF criminal cases. or et-
.mpted from the duty 81 presenting the
usual and ordinary questions Arising from
the trial Of the case In the form and manner
previously pursued In the trial OF indict-
ments. In other words the omi-sion 70
object TO alleged erroneous proceedingr
depnve- the defendant OF inc prl'nsso
Of seeking the benefit OF such errors a. n
matter Of right, and simply RENTS him 70
an appeal to the discretionary powers OF
the Appellate Court
The conspirator- concerned In tho as
sas~ination OF President Lincoln ~efe
tried by a military tribunal. The ar-assin
OF President Garfield was tried la a Federal
court and the trial Of the as~asin 81 Pre-i.
dent Mckinley In n State court will ahord
the people an idea 81 the comparative
celebrity and efficacy OF the three modes
OF trial.
The indictment Of the lincoln conspira-
tors was a long and formal AFFAIR IN com
part.on with which the Cnolgosz indlct-
ment is short and simple document. Ih'
text Of the charges against the con.plrators
David Z ha,Sid; GeoTgs a A,hel Gohn
". Surratt, Mary .. Surratt, Edward spang-
Ter. Samuel Arnold and Samuel Judd.
IN as follows:
Charge First-For malic'ously and traitor
ously and uula vfully and ia ala oi VA. exist
~ smsrica' on or before the ST. day Of
March, 4 d iscS. and on divers other oays
between thai day and The is,h day 81
conspirns together with one John u snrrstt.
John WiiEe. Booth. jefferson Davis; George
son. William G Cieary. Clement { Clay.
sni"o~n' 70 kii and msTde, Within The
within the fortified inirsnched lines thereof
Abraham Lincoln. and az She t-n> * ~"
t : r soIs.%,P 81 n, fsH tSi,.a sss,s en-" Of a sGasR,a;
and CommAnder-il-Chlc Of the Army and
Navy. thereof Andr.w Joha.on. nov NloT-
William n. seward. Secretary, OF state Of
the United States n. aforesaid; and I
IN rnit.d State sforesaid' then In command
Of the Army OF the United states then under
the direc,ion Of the said Abraham lincoln and
malicious unls ful and traiicrce- conspiracy
aforesaid and in aid Of the .aid rsbell,on
s@f's,~ird .s, to within tn. e Military .Hs pesar,n SSf
for,Insd aud intr-nched lines Of said Dsnsr..
and John n Surratt malciously. nnlawiully
and ,rai,orousiy numbering NE IHid As.ahem
- of The ARMY and
Navy OF the United states a. Aforesaid. and
Inaiciously. unlawfully and trsitorously
the said William u seward. then secretary
OF state for the United states. as Aforesaid,
and Wing IN wait, Nth ,n,saI, n ~ sin nnss
murder the said Andrew johnson, then being
Vice-pre<ident of the tnited states, ana
,hs .,,d "a IN ot rom, and 81 the srnl@s o.
the United States. aforesaid.
The sp~cihcations which follow. replete
with tautology. recite at great length each
individuals connection with the conspir-
acy. The charges were submitted To a
military commission Appointed MAJ. q,
isaS, OF which Major-Gen. Hunter, United
states Volunteer. was President. This
commission eported fs findings July .,
isa5, the sentences OF the conspirators
convicted were approved by the President
on the sane day. and they were executed
In he trial OF Guitaau, the assassin 81
Garfield. In the Federal Court Of the Dis.
trict Of Columbia. there was q conflict OF
jurisdiction. Guiteau's attorney made this
roint that inasmuch ~ III New jersey
authorities had put the Presidents death
legally on record In that state. the effects
OF the shot fired by Guitsau In Washing
ton must 10 proved. and II any links In tho
chain were wanting. Guiteau could only
be tried for assault with intent 90 kill. IL
was asserted later that as the shooting
occurred In the District OF Columbia and
the death In New jersey, the crime was
one Of mansla lighter a. defined Ivy section
bySIi. United States Statutes AZ Large THIS
section Rad as fOlows'
Every person who within any Of the places
or upon any 81 the waterr described In sec
| ton \. ssa, unia wfully and wilfu.ly hut without
malice strikes, stAb~. wounds. shoots or other-
w,e~ Injuries another. " from the striking.
\ shooting or other INJURIES such oth~r. person
| die. either on land or within the United states.
is guilty 90 the crime Of manslaushter
The Court swept all tbese sophistrics
aside and for the final fight the defen0s
sot up the contention that the prisoner
vas insane and that the wound inflicted
vas not necessarily mortal and ~As not
the csu~r OF President 0arfeld's death.
IA;th OF no stress was placed on this last
contention, counre for tho defence de-
voting their energies To establishing the
prisoners insanity.
Judge Coz In his charge to the jury re-
viewed this phase Of the QUESTION at great
LEM 9Th and In many respects his charge