Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1901-03-14

ever, along the same line and argu-
ed the matter at some length. Cap
tain Berkeley said
CAS- to this lame and decrlpit in-
dictment, | am only too sorry that
we cannot use the statute of limi-
tations to break the head of of this
venomous indictment " Continu-
ing he pointed out that his client
would not take advantage Of any
such plea, as he desired full in
vestigation. A man holding the
exalted position that he did could
not take advantage of any such
plea. He said there were authori-
ties bearing on the other side Of
this case, but they would not be
presented.
Mr.. Armstrong stated that the
statute of limitations would not
dispose of the case for his client,
as he desired full ard complete
investigation of the charge. He said
he has not come here to get the
case disposed of in any such man.
ner, but to meet and disprove the
charge. He asked for trial OF
the case if the Judge was Of the
/ opinion that he could render valid
judgment.
In giving his decision Judge
Robinson knew of no way in which
to enter a Judgment that was barred
by the statute OF limitations.
"Of course" he said, "if a man
is fugitive from Justice the sta ale
does not apply. But | take it that
an indictment 1st state the fact.
/ The statute to NY mind is positive
and says that in cases Of misde.
meanor you must commence action
within one year.
/ al take it that the converse Of
this is true, AND that YOU shall not
com mence action after year
When case is barred there ia no
oIfrnse under the law The dcfen.
dant must prove nothing until the
Commonwealth has made a prims
facie case against him 10. this
case. myself do not say there "
no offense, but the Law does say a.
positively.
Il don't think the indictments
ought ever to have been brought in
The instruction Of the Judge TO the
grand jury 10 that they must make
true and faithful returns. do MOI
think the jury did this in bringing
in an indictment that they knew
was barred by the statute. hold
that | would not only be wrong ~
court but as q private citizen to
| Nv 10 the face Of the Law by trying
these cases Has o court the right
to make a man plead the statute of
limitations and force him to dis
grace? ! don't think be has.
The indictments are dismissed
This practically dismisses al Of
the indictments in reference to mu-
nicipal matters found by the last
grand jury, excepting the one
against Mr. Samuel REGISTER for
offering bribe to Councilman
Bnrcher. Both Mayor Moss end
Mr.. Smith express Themselves MS
being disappointed at not being
able to try the cases, and intimate
that the evidence on which they
we're indicted will yet be broagh'
ont.
Commonwealth Attorney Robin.
son was very much disappointed At
the decision Of the court as he hao
hoped to bring the cases to trial.
Captain Berkeley said after the case
had been decided that while the
cases cited by the Common wealth's
Attorney had bearing on these
cases, yet there were a numbrr Of
other cases that could have been
cited that were contrary to his po-
sition and upheld the decision Of
Judge Robinson.
1t is the general impression that
number of damage suits will be
the result of the indictments,
Twice Proven.