IN an smrn. 25
lished that where the foreign seller attached as a condition that the
goods were not to be delivered until the price was paid, they remained
enemy goods, and subject to capture as such. I see no distinctionin
principle between those cases and tbia
In re Sims, Petitioner, etc. ‘ `
(Circuit (hurt, D. Massae/waetts. July 26, 1882.) ` ~
Omumn. LAW—TRIAL—STANDHTG Mu·m-Prcaomcz. . t
The law, section 1032 ofthe Revised Statutes, which provides that when one
who is •‘ indicted " for any offense against the United States stands _mute, or
refuses to plead or answer thereto, it shall be the duty of the court to enter a
plea of not guilty in his behalf, and proceed to try him by a jury, should be
· liberally construed to bring within its scope persons arraigned upon informa-
tion or complaints, as well as persons indicted.
Petition for Writ of Habeas Ootjpus. .
E. W. Burdette, for petitioner. t · r
Lownm., C. J. The merits of this case have been argued on the
petition, the allegations of which are admitted to be true. The peti-
tioner was indicted for beating and wounding certain of the crew of
the vessel of which he was an oliicer, Bev. St. § 5347. The dis-
trict attorney, discovering some misstatements of fact in the indict-
ments, which might be considered variances, discontinued them, and
as the grand jury had been discharged, filed complaints under Rev.
St. § 4300. The petitioner being called upon to plead, stood mute,
by advice of the counsel, and the district judge entered a plea of not
guilty, and ordered the issue to be tried by a jury. Against this
order the petitioner protested. The jury returned a verdict of guilty,
and the petitioner, before sentence, submitted to imprisonment rather
than give bail, and brought this petition for habeas corpus.
The argument for the petitioner is that by section 4301 of the Re- .
vised Statutes a trial by jury is to be had only when the defendant
demands it; and in other cases by the court. This is true of the
mode of trial after an issue of fact is made up; but if the defendant
refuses to make an issue, the section, like the defendant in this case,
is silent.
The petition, therefore, does not raise the question whether the
court may lawfully try the issue of fact. The law which dispenses
with an indictment for petty offenses on the high seas has been found