“ The uncontradicted facts are that this unfortunate man has been convicted of the crime of murder and sentenced to imprisonment for life, although he did not hear a word of the evidence that was given upon his trial, because of his almost total deafness, his inability to hear being such that it required a person to speak through his ear trumpet, close to his ear, in order that such person should be heard by him. ”

“ Upon the point that the failure to have repeated to the appellant the testimony given on the trial caused the court to lose jurisdiction, the case of Re Nielsen, 131 U.S. 176, 33 L. ed. 118, 9 Sup. Ct. Rep. 672, is cited by appellant. We think it plain that the case does not substantiate the contention. The sentence imposed in this case was held by this court to have been beyond the jurisdiction of the trial court to pronounce, because it was against the express provisions of the Constitution, which bounds and limits all jurisdiction ”

“ That amendment, it has been said by this court, 'did not radically change the whole theory of the relations of the state and Federal governments to each other, and of both governments to the people.' Re Kemmler, 136 U.S. 436, 448, 34 L. ed. 519, 524, 10 Sup. Ct. Rep. 930; Brown v. New Jersey, 175 U.S. 172, 175, 44 L. ed. 119, 120, 20 Sup. Ct. Rep. 77. ”