Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-03-31
ALLEN CLUE FOUND'ASK MURDER RULING
New Tracks Lead to Crevice u. S. Supreme Court May
Covered With Ivy. Pass on Qualified verdicts.
BITS OF FOOD ON GROUND DOZEN LIVES IN BALANCE
Detectives Attorneys Arthur
Little While Before. File Brief Tomorrow.
POSSES CLOSE IN ON SPOT LEGAL PUZZLE rs MvOvED
in
vile-Judge Code to District
Motor ation.
U. S. Supreme Court May
Pass on Qualified VerdictS.
DOZEN LIVES IN BALANCE
Attorneys for Arthur johnson to
File Brief Tomorrow.
LEGAL PUZZLE rs INvOvED
Applicability Of Federal Criminal
Code to District Hinges On
Interpretation.

interpretation.
Backed by the claim that a dozen or
more human lives are Immediately in
volved, efforts will be made In the Init
ed states Supreme Court tomorrow TO
nave that court review the decisions
OF the District Supreme Court and the
District Court Of Appeals that verdicts
OF murder in the first degree In the
District or Columbia cannot be qualified
by the words without capital punish
ment.''
Copies OF brief in behalf OF Arthur
Johnson. who is sentenced to be hung I'm
the District jail April 15 next, asking for
writ Of certiorari, have been sent TO
the United States Supreme Court TO-
morrow a request VIII be made before
the court that the application for a
writ of certiorari may be filed without
the payment of the usual costs II that
request is granted it is expected that
the formal motion of application for
the writ will be made to the court the
following Monday.
Dozen Lives at Stake.
The lives OF a dozen persons, besides
that of the petitioner, are involved in a
review Of the case by the United States
Supreme Court, the brief contends.
This case presents a situation more
, important than any property rights"
say the lawyers for the condemned man.
''as it involves directly the life of this pc
utioner. And there are eleven persons
now in jail awaiting trial on charges OF
murder 'seven first degree and four Sec
ond degree) whose rights Will be affected
by the determination of the questions
herein presented and the punishment OF
one. a woman, Matte Lomax, now under
sentence of death, may be affected. So
| that, as the matter now presents itself
TO the court, il involves twelve or thr-
teen human lives"
District Judges at Odds.
! In the Johnson case. the presiding jus
tice of the District Supreme Court ruled
! that the jury could not qualify its ver-
diet by adding the words without capi-
tai punishment" But since. that ruling
was made two other justices of the same
court have held that the jury may SO
qualify its verdict. This has raised such
an important issue and difference OF
opinion that lawyers desire to have the
question passed upon by the highest
court in the land.
The brief in behalf of johnson declared
\
qualified verdict are at present holding
the criminal courts in the District before
whom all prisoners now in jail would
| come for trial Seven prisoners are
awaiting trial for murder in the first
degree.
johnson was charged with the murder
of John Ofenstein December 3, 1910. He
| was found guilty, and the date of execu-
| ton is now fixed as April IL. next. In a
| review of the case the brief sets forth
| that the attorneys for the defendant ask
ed the court to instruct the jury that
| they might qualify their verdict by add
ing the words without capital punish
| ment if. after hearing all the evidence.
| they We're of the opinion that il would
not he just or wise to impose the death
| penalty. An exception to the refusal or
the court to give such an instruction was
| noted. but. upon appeal to the District
| Court of Appeals the ruling of the lower
court was sustained.
Hinges on Interpretation.
The question raised in the brief is as 10
the applica bility of certain sections OF the
! criminal code Of the United States TO the
District of Columbia, and the brief for
| the defendant. of course. upholds the
contention that a section of the federal
criminal code authorizing qualified ver-
diets is applicable.
The first question discussed in the brlef
| is as to the application of chapter IL or
the federal criminal code, prescribing
| what constitutes murder and other Sc
rious offenses, and fixing punishments
therefor. to the District of Columbia A
decision of the quetsion, IL is stated,
hinges about the construction or the
4 words when committed within or on any
| lands reserved or acquired Dor the excIu-
sive use Of the United States. and under
the exclusive Jurisdiction thereof.
1t is contended that this language IN
| cludes the territory in the District con-
| gress acquired the District for the per
manent seat of the government OF the
United States" II is stated. and the
courts cannot look behind that statement
| to see the actual uses TO which the iahos
are put, in constituting statutes.
| II also is contended that, even thougn
the court should hold against that view
| the section of the criminal code OF the
| United States authorizing qualihed YER
dicts of first degree murder is applicable
| to the District.
Dictated by Public Policy.
Sound reason, public policy, express
statute and settled rules Of construction
therefore dictate the brief CONTENDS,
such construction of the criminal cooe
as will extend the merciful provision Oh
section $50 to the District OF Colunpia~
And the brief concludes:
| ..In view of the importance of TINS
question, the diversity of holdings oeio"
| among justices of the Supreme Court OF
the District of Columbia, the fact that it
| is desirable and advantageous TO have
uniform administration of this act. the
proba bility that a decision of this matter
now will prevent numerous appeals anu
| petitions to this court in like cases, anu
| the fact that in no other way than pg
petitions similar to the one In tins case
can persons convicted of murder in TINS
| District. be heard here, it is respectIul!
| submitted that the prayer petitioner
for certiorari ought to be granted"