The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-08-17
Superior Court--In Chambers.
Retire. JudUa Vaudernoel

0eClslOH
IN this case has been looked to with some interest from
the fact Of the facilities which have been al
forded to criminals to evade justice BY the Of
sraw bail in numerous cases Of the most aggravated
characters which has enabled many fugitves from JUS
tce to escape punishment The following decision, how
will show that the applicants under habtds corpus
not in all cases succeed. His Honor Judge Vanderpocl
said "The prisoner is confined the charge Of having
aided and abetted in the escape Of Alexander Hosg pr
oner who had already been proved guilty OF aeony BY
the verdict Of jury Hoag escaped on the, morning o.
evening Of the escape Of Hoag The dispositions taken
by the committing magistrate are beioreme prison
has been brought before me on habeas corpus App
cation made to bail him. and the question now is whe-
er would be safe and sound exercise Of discretion to
grant the application point in the nature Of prelim
is alleged and the TACT satisfactorily appears, thai a
caton has already been made to the Court OF Sessions
to bail Davis and denied by that tribunal 1t con-
terded that this is bar to the application now made to
The prisoner was indicted in the court Of Sessions
Upon the exhibition there Of the case as now presented
that Court refused to admit the prisoner to bail Theap
caton to must be regarded practically as an appeal
to me from the Sessions. As to the object Of this
application the Court Of Sessions has equal and
co ordinate powers with Judge Of the Superior
refusal to admit to bail did not constitute legal bar
could not without at least violating that comfy which
il due from coordinate tribunal to another disregard
its decision in this matter Besides the Court Of Sessions,
there the Chancellor the three Judges OF the Supreme
The !aSse for this sn ey oar
officers authorized to admit to bail prisoners charged
with the offence for which Davis stands committed II
getting bail proportional to the number Of officers au-
thorzei let to ball. this Of itself would be evil call
People Mercen, 81 HILL 4Oe, it held that the de-
csion Of Judge habeas corpus refusing to transfer
ther conclusive in respect to facts and circumstances
then existing though not to such Is arise afterwards
No facts have transpred nor could they possibly org
nate, 10 vary the presented to from the one which
he exhibited to the Court of Sessions. therefore, re-
gard the doctrine Of udcaa as applicable to this cae
and hold the refusal Of the Court OF Sessions to admit the
prisoner to bail. conclusive against the exercise
Of the power now invoked at my hands BSt Ut,
the prisoner as WOud m NOT LET him to ball.
Where the commitment il for felony, is never mat
The to bail ie sss
brought up before the officer the dispositions taken before
the committing magistrate may be looked into Beyond
will not be receved-Q Chilly Or. Law Iase) In the
of Tayloe, Cowen 65 the rule laid down by HaE-
kns in his pleas the Crown, approved ond adopted
that in cases OF felony bail should be allowed only,
emit; for bah, as Hankns remarks, IS only proper where
it stands Indifferent whether the party be guilty or nno
cent Of the accusation against him and he lays down the
distinct proposition that where the guilt is not indifferent
general rule it would be absurd to bail the prisoner
| Testing the case before me by these rules deem
his case and protest against the inference that thing
may say do on this application should initiate against
duce exculpatory or explanatory testimony. and it
may then possibly be in his power to explain to the entire
r n ny before the
magistrate but standing they do unexplained and
unconradcted they make out such aprma case of
guilt that would, especially when considering the
nature Of the offence be dangerous to let the prisoner to
bail do not mean TO say that jury ought to convict
upon this evidence, if unexplained but regard i
making out such against the prisoner as that
would not feel disposed to against verdict OF guilty
should jury upon the evidence standing alone and un-
explained convict Without them intending to say that
the dispositions exhibit decisive even strong evidence
OF guilt deem most safe to conclude that the prisoner
shall not by being set at liberty be exempted from the
necessity Of explaining the facts and circumstance
which they set forth forbear to detail themon this &C.
cason lest might have the effect Of creating public
impression either preudicalt to the prisoner or to the
Of public justice The facility with which bail
in criminal has heretofore been granted has become
subject Of public anmadverson, If not alarm Too ma
ny offenders have already succeeded in securing mpuni
~ through the process OF being baled out strong
legislative against the too great facility Of granting
bail pervades the act Of the last session Of the Legisa
ure the establishment and regulation Of the police
Of the city Of New York !" and az one Of the officers
whom the responsible Of letting to bail has beer
conded feel admonshed by every consideration OF re
gard for public safety to look most carefully into every
of this description which may be addressed to me
refuse to bail the prisoner order the Sheriff to re
| mand him,
.9tfachment-A motion made by Mr.. F. H.
Bryan, Che lawyer who distinguished himself by threat
ening to assault Judge Smith in the Marine Court som
three weeks ago) against the Justices Of the Marin
Court for attachment for not making return
orar issued by the Superior Court s the Marine Court
in the case Of party named Isaac Htineman vs. Jane
C0dingfon
Justice SMITH appeared behalf Of the Marine Court
and stated that the return ready and that Mr. Brya
had been notified to that effect and that the same wou
be returned payment Of the usual fees which he refus
ed to hand over
The hereupon refused the application for attach
on hs case Of GEORGE Potter the wei
known pocket, who had been committed on tn
charge OF picking the pocket OF Mr.. Abraham Mallory
Of sos the 4th of July his Honor denied the appca
ton to be released on bail