American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1826-11-07

81 "a he ,ceused-the crown laws of England.
nrac,iee in The court of Kings bench, SC &C., all
tending mainly 10 establish discretion WIN @hieh
courts Of criminal jurisdiction are vested 10 sueh
cases together with The peculiar atttude "hicn ms
case presents in RELATION 10 the health OF tue Pfiso"
er, expenses upon government, &c. IN oppos"'o"
10 which. the counsel for the commonwealth re
snonded win reference to several authorities but
those which seem 10 be most important 10 the pre-
sent nouiry are TO be found 10 the 9TH section OF
the constitution Of Kentucky, and % Itimhai nc
ssed Code, page 80.
In determining this question, It IS only necessary
10 inoure-lst, whether this section oil he consuu
ton interdics the extension OF BALL In capita cases
where the prisoners life would be endangered oy
confinement, |. is believed ,ha, fair and liberal
Interpretation Of this section, viii lead 10 this result
ina, his clause is an affirmance OF the common
Law and the trainers OF the constitution only IN.
tended 10 limit particular class OF offences, Wnleh
should not, 10 themselves, authorize ball pot iesf
ing the common law as II had existed since Inc Gays
Of Edward in relation 10 peculiar cases that might
arise, where the life Of the prisoner would De en-
dangered by confinement whilst lahotlng undef ois.
case The common law, always IN accordance WIN
common sense. has settled this humane doctrine
tina. criminals laboring under dangerous illness, even
after sentence. have been respited and enlarged
Opposed TO this doctrine, only one authority mas
been referred TO- which Is Toulmlh and blairs I'll.
mnal Revised Code, the substance OF which IS that
bail shall not be allowed in cases where the prisoner
ators under disease, il il be occassoned BY his own
act. This holds good in all cases oil slight inlury'
and those which have the appearance o. being M
hcted by The prisoner in order TO procure MS en-.
lsrgement. But 10 case like The present. ~hete
the injury is great-where physicians who attend
The prisoner, state his life would be Ieopardize6 by
demanding him 10 Jail ard when II is feeollrced
that he reason the law gives for enlareiug prisoner
.aboting under disease, although under sentence OF
death is that il viii not suffer death 10 DC inflicted
upoo the prisoner, except 10 that To- m piesctloea
\ aid appropriated TO the offence When II IS also
reeolsctsd, tina The prisoner stands no" as u no
trial hsd ever taken place, and that imprisonment y
no par u the punishment imposed oy iaH 10 ms
case, but 10 insure his attendance al the trial. when
j, Is ia proof tha, the prisoner has had various OF
por uEties OF escape, and that he has 10 no instance
manifested the shghtss. disposition u sssil himself
Il 81 III; uhsn il i further recnected that from the
1 pscuil4r chsssc,er Of the wound, described BY
the esluony, il acu,d be impossible for the prison
Ii to avoid detection under an a,tsmp! Y escape
when il is FELT hat rational doubt tess upoh Ihs
nind or the court whether OF net Inc LAM eonsli
,u,ionsl, under ~hlh the prisoner IS held - ous'o'
az, AID particularly hat portion q Vie tiA seetion
ahch declares That itJ number 81 c3ntaaancss saas
ar3luce discharge inssmuch IS u seems % impose
j greater iiabuy or punishment. than Nat q" which
existed hen the offence @ss committed, anien DC
clares tsat il liz prisoner b not tired. d tors
the third term after his examination bturs ne Jls
ties. lie shah farersr II discharged from Re crime
When, therefore, the peculiar circumstances arc
conside ed upon which this motion IS iedicted, =
is the earnest opinion Of III, court, iha. the a.en
dance OF he prisoner will Be sufficiently insured, BY
nteiine into recognsance, himself ~ The sum 81
one thousand dollars; and TWO sufficient securities
il the sum or one thousand dollars ell 70 he Is
aceoi dinghy admitted 70 bail