Joseph McKenna

“ The motion was supported by the affidavit of the attorney of Hendrix, which stated that he was instrumental in having the cause removed to Paris, Texas, on account of the prejudice of the presiding judge of the southern district of the Indian territory, and that, 'under the Federal statute permitting said removal to be made, the same was done by Will Hendrix on my advice and suggestion, especially for the reason before mentioned. . . .' The motion was denied. Hendrix was convicted and sentenced to hard labor for life in the penitentiary of the United States at Atlanta, Georgia. ”

“ To support the contention it is argued that when the jurisdiction of a cause depends upon a statute, the repeal of the statute takes away the jurisdiction and causes pending at the time fall, unless saved by provision of the statute. Many cases are cited to support the proposition, and other cases to sustain the view that, 'if an act conferring jurisdiction is repealed without reservation as to pending cases, they fall with it.' The effect would have to be admitted if the imputed cause existed. ”

“ The maker states that, by finding the defendant guilty, as charged in the indictment, without capital punishment, 'he did not understand what the punishment would be on such a verdict, and agreed to it on the understanding that the punishment would only be two years in the penitentiary.' He further states that he was in favor of a verdict for manslaughter, and would never have consented to the verdict had he thought or believed it 'would carry with it a life penalty.' The motion for new trial, as we have said, was denied. ”