| Show I I SENATOR St AT R BURTON GETS A NE W TRI TRIAL L LU U S Supreme Court Dismisses Writ of Certiorari to Circuit Court of Appeals Appeals DISTRICT COURT REVERSED Payments tn to Him ere Made blade lu ft Washington Opinion by Jus Justice tice lic i Washington Jan It Tn case oi gi Qt J K It I wan WI bj h b tIm the Stahl supreme court coul today tOM the this writ of o to 10 tin this circuit court OUr of lt app appeals aln for Cr the lie circuit and Ild r Ioor resenting ser Ing the verdict ot of tho ito district court for tor th this of ot Missouri on ott the this that hiLt the thc to lu were ON mode mads In iii II The ho district court was IU therefore I rev reer and time lit CUM case CI je is for tur a 1 naw trial The rhe opinion was handed down b by JU Peckham who took up tip tl the various count and Ind recited tho the conclusions slops as 11 well nell wel BH as Al the tho divisions of ot lits Ihl court us Its IN follow tho the of ot the tit hi construe lion Gait lol of at tho tito statute upon which this In Indictment was Wil framed In Is l the lie to tn tol titles l II Upon that hat question iun a I a majority y yot of ot the court curt Mr henna lUrlan Mr lr Ir Justice Mr ri Justice Mr Air i Justice Julle Holmes und Ild Mr Air lr Justice Day Va concurring ur un of ot th the his opinion that lint lie fuels facts alleged In II the he Indictment show how n a cl chase that hut Is ha II ered d by the lie th pro iwo of ot the Iho statute lillo this oh duel lei justice Mr Air Justice Mr Air 41 Jus lue Justice TUI thee tice White and ni tho thin writer I of ot hill thu opinion dissent from that list view and ami ar sire nr of at the opinion that th this statute does not covet cover oVI tile Uie l e case rase as its ni alleged In iii the In Second assuming the that at to he the farts fas stated in Itt the lie In Indictment a n further questIon lon arIses ai upon lilIan the general enell of ot th Ih ii ease caw rl whither there wits was WI of t to be submitted to th the lb mew jury JUI I of ot tim court the he mini U IHO tC th U li l l h Ir t l lo to IlY sn ny t ther erl WI W not 10 anti tho lie tm minority from coin that hv vIe nut inn 1111 tire of ot the tho opinion that Hint item thoro wa WI nc no n which ti to t evidence whatever w upon UI found a n verdict of ot conviction convictions AA s M to tu tIn the Iw seventh eighth am ninth ud mit Ii counts Imil of oC o f tho lie t Indictment I ii ti hut court murt finds that th the when th thu ho different clicks 1 paul paid were w re not nol trite Tile chuck dl k won were w received 1 In lii II Washington 18 endorsed by and 1 tn lit the tho National hank bank tn In title this city Il it Thus n It I In Washington and auth ull not litt In lit 11 Ht St Louts Louis where he the checks wore wOle afterward 1 paid by h the Common 1 antI the tho ho decision that thin tho court In Missouri had un 10 jurisdiction to try tIm the set let forth In itt II those tho of ot the Indictment al uI already II III reedy ready I d to There niece was WIl no nu 11 ion that hat such as the this fact It was WAN M Wil error lu II it submit the Iho matter malet to 10 the ho jury julY to Und find other othel t feet fact IL nut not supported evidence by b stay any ny Continuing the decision says In Iii 11 thu the case nt ut lt bar bil Ihn ha proof was tint not disputed The checks wore were to the Ito t credit ertil l I L of ot defendant unconditionally I ott ally 11 td I y mid and HII any alY 1111 I under understanding 1101 standing The rho of the tho to forward chocks for or collection Is Isi II IIII Kill II i plain to In P forward for tOI collection tam for ril Itself The only emily olly liability of ot defendant wits wag wagon Wil on 01 Oh his All Al this made mudo it to I payment at nt Washington and us cli HI a re is result 11 stilt sult there them a It I total luck lack tn to tho hite sixth seventh eighth and ninth hI at It counts COllIs Ott Ii I S of ot the Indictment hid I This Tho i court 1 have hae therefore directed a verdict of lit tint not guilty on omi those counts I This ThIn Is III not lint 1011 a it case 1150 of ot the commence commencement ment of at a 1 crime In one district and Us lii II o under the I completion Is another so ci II I statute the court In either district hits hiss ll jurisdiction Titers Them hell toss IS no ho 10 beginning of a the tt offense in lit II MIssourI M 1 pay hey of or the lie was wu In Itt Washington o and th r as no commencement of 0 tha when the III officer of at tIm the company sent the checks from emit defendant The latter hatter did St SI to tu laler 1111 In 1 Mis Missouri All not thereby begin alt all 11 The This court al also o found tau error In th Ii r re at of the tho lie district court to 0 charge an as R required when hell the tho jury jur came Into 1110 court and auth announced Its I Inability lo In 1 The This tn to al as s required WH was vios became the presiding judge considered the he point were vere obstructions of M law but It II afterwards appeared that th the lie points hind had hul a 1 bearing bel ril upon thus the II jury consideration of nr the tha cUSS cat eu On tills thIs point the hue decision says AI 1 an III the case w wa va In the Ibis minds of oC sonis of ot the hue jurors doubts ex cx exIn In Isug as UI to 10 the guilt tn in II th the mind of oC at it I I least one It H a t cue cites where her the Iii roost most Olt extreme c rare ae re and cau caution CIU tion Ion w we wire r necessary n 1011 1 In lii II order cruet that the theIR IR 1011 leash rights of ot th lh ha defendant should bould be ba preserved Considering th the attitude of 0 th Ihl he case an as R It existed when rhion the he Jury jur re te returned turned cae Into court curt for tor further Instructions Ions we think the defendant Is en sn entitled wt titled tIthed UN 1 mutter matter of at legal leal right to the charge asked for or In regard to the pre lire previous pe request reque I to 10 ch URt which had hiatt granted by h the HIP court curt under the Ihl bel circumstance stated Mated und It was wal not hot n Li l matter of ot discretion whether this the th Jury Jr should houll or should houll hot not be b charred charged as asto a to In the character of ot those request A Alight Plight light thing may IB have turned turne the bul biti unco ence against this the accused under RICI howl by b th the hue record and he lie not to have longer lonier remained bur bite burdened with the of or hIs lits hI requests to 10 charite mails made Inde by the tue court when he lie asked for tor or the assertion by hy hythe bylie the ill lie court curt of the materiality and Ild va VP V o or of those thol requests which haul had al ai already ready redy been bisen hen made the court ourt ought to lS hlo the tho request t JustIce Peckham also took occasion to o comment upon the fact that hint when lie this the tl Jury Jur came caine r IM In lit li with a 1 disagree nent the he judge jude asked aked how hov hut lh jury toad tood saying MII lint this the practise Was one ole should not hot b be 1 encouraged The triAl under antler this the Indictment ng Senator Sela tor Hurt on with receiving a 1 IIII fuh mh ash nt at St lull LouIs will proc il Th The depart dett at lust place Te ti nt of ot ju has hal not yet considered he of ot the trial place of at the In 1 alleging payments tn In II this Its Ity I It 1 Is III H the of at may operate against U It I |
