Evening star., 1902-01-01
The Instrument Discussed by Dis
trict Attorney Gould.
CHANGES FROM PAST CONDITIONS
Provisions Establishing Two Grades
in Crime of Murder.
A CONGRESSMAN's VIEW S

Mr.. Ashley NJ. Could. United States attor-
ney for the District of Columbia. was the
only official connected with the city hall at
tending to business when Star reporter
visited the court house today. Although
the 1st of January is a legal holiday, the
United States attorney evidently took the
view that a good way to start the new
year was to devote part of the day, at
least, to looking after some matters of pub
lie Importance.
In your opinion. what has the year 1902
in store, far as the courts are con-
cerned?' Mr.. Gould was asked.
The first answer to that question that
presents itself" was the reply. would have
reference to the changes from past con6i-
tions that will result from the enforce
ment of the provisions of the new code of
law. Naturally l have taken a keen inter
est in that portion of the code governing
criminal procedure. The changes are many
and important"
following instructive statement having
reference to the criminal laws embraced in
the code:
Interesting Feature.
Probably the most interesting feature of
the coming year. from the standpoint of
local lawyer. is the new code of law, which
goes into effect and operation in this Dis
code has been prepared with very great
care by able lawyers. it will not be sur
priSing if, when put to the test of judicial
decision and construction, it is found de-
fective in very many respects. A complete
code of law is growth and cannot spring
from the brain of any lawyer or group OF
lawyers fully equipped to meet all the
eXigencies of complex modern business and
social conditions. But the present code is
surely good foundation upon which to
build.
There are few radical changes in that
portion of the code relating to crimes and
offenses and their punishment, and those
that have been made will in my Judgment,
tend to promote law and order in the Dis
trfct- Perhaps the most noticeable Is the
provision in regard to murder. The new
code makes two degrees of murder-murder
In the first degree and murder in the Sec
ond degree. The difference between the
two may be stated, generally. that while
In both degrees the killing must be with
malice afUrethOught. vet to constitute muir
der in the first degree there must be either
deliberate and premeditated malice, or it
must be committed by means of poison, or
in perpetrating some offense punishable by
Imprisonment in the penitentiary or by
placing an obstruction upon d railroad.
Murder in the first degree is punishable
by death, and it is doubtful if the jury will
have the right to qualify their verdict of
guilty as they had the power to do under
the act of 1891. by adding thereto without
capital punishment as the act of 1897 ap-
found guilty of murder under section $3.50
OF the Revised Statutes. Still the same re-
suit may be reached by a verdict of guilty
in the second degree. in which case the
punishment is imprisonment for life or Tor
not less than twenty years In dividing the
crime of murder into degrees the code fol-
lowed the statutory tendency of practically
all the states.