The Ohio star. [volume] (Ravenna, Ohio) 1830-1854, 1853-08-31
picture in W Eich one Lu,ber L. Brown
= -. LII, f;.s css zee HIM.


a Picture in " isTcR, one Luther L. Brown
may see FFiinsuIf as others see sttra
The person for whose benefit this picture is
drawn is Probate Judge of this County.
| On Wednesday night of last week The - OF
set of strolling showmen induced him to leave his
house in Charlestown aud in the night drive some
five miles, to Ravenna TO berate of said show
men who at the time at large.
Between ten and eleven O'Clock at night law
student followed the Assistant Marshall about half
IA mile and induced him to take said Snowman on
Execution he had against the body of said show
man. This the Marshall did, and delivered him
on said Execution to Geo. Herriff Jaior, who took
him and put him in JAIL Before this was done
the Probate Judge had issued writ of Habeas
Corpus to the Marshall, and that without any ap-
pcaton. He changed the direction of the writ to
the Jailor and and delivered it to the Attorney of
the Prisoner before the application was sworn to
by the prisoner. By the Statute the application
for the writ should first be read and to, aud
then the writ issued. But this course would de-
lay the matter and the Marshall was copying
the Execution delays were dangerous. With the
writ in one hand and blank application in the 9TH
er the attorney for the prisoner went to the Jail
and in about three minutes came back with the
application signed by the prisoner, but evidence
that he had to it, At this stage ofthe matter
the attorney who otficated for the State told the
Judge that the Prosecuting Attorney was sick and
as it was midnight asked thatthe cause be put
off till morning. This reasonable request was not
granted. The Attorny ior the State with the ap-
pllcatior in his hand then told the that upon
the face of the application there was no evidence
that it had been sworn TO, and moved on that ac-
count to quash the proceedings. Tke Judge over
ruled this motion and allowed the Attorney for the
prisoner to subscribe the certificate. The Statute
requires that the application should state that the
prisoner is illegally detained without process,
this nowhere appeared either in the application or
writ and the Attorney for the State moved on this
ground TO quash the application the writ and pro-
ceedings and that the prisoner be remanded to the
custody of the Jailor This motion the Court
granted, quashed the application and writ and
ordered the prisoner into the hands of the Jailor.
Now mark, before move had been made or word
said by any one the Judge took the writ that he the
instant before quashed. handed it to the Jailor and
ordered him to bring the prisoner before him on
> that writ. The Attorney for the State remonstra-
; breath to kill and make alive writ or 10 issue it
without application.
While he was saying this the Attorney for the
prisoner inserted in the application the words left
out as above and himself reswore the prisoner
thereto. Mind, this was all done after the dead
writ had by power only known to the Judge been
brought to life and the prisoner brought the second
time before him thereon. The Attorney for the
State then placed in the han de of the Jalor The
ecution and asked the Jalor if that was not the
Identical paper hch he received the prisoner
into Jail and by which he held him. Heriff ct frs
tried to pevarcate but finally admitted that it was
The Attorney for the State then asked the Jailol
to return the writ of Habeas Corpus to the Judge
according to law. He handed it back TO the Judge
without having made scratch of the pen on it ant
the Judge said " there the writ is returned. >
, Most singular return of writ that, but then the
Judge said it return although the attorney
for the State read to him the Statute which re-
quires the Jailor to return upon the writ the date
i, and cause of the caption and detention by him o
. the prisoner. While this was going on the At
q toruey for the prisoner wrote on the writ some
thing for the Jailor to sign but unlike the
equired by law as possible, Tor it neither stated the
cause of the caption or detention. The very learn
ed Judge thereupon discharged the prisoner bu
I did not forget to order him to pay said Judge hi.
I fees. After the prisoner discharged the Jail
or signed the above return made by prisoners At
torney, and on the afternoon of the following day
the suggestion of the Attorney for the State the
Judge filed for the first time the papers in his Of
, fee, but had not recorded. docketed, or made
memorandum of the case in bis office.
Now it may be asked what does this mean p
s Why this midnight session of ths Court? Why
this hot haste! Why this overriding the plain let
ter of the Statute? :? Listen to the answer. The
prisoner had violated the ordinance of Ravenna vii
lage by selling giving away Brandy, and hac
, confessed the offence and been convicted.
This was enough TO bring Judge miles in the
night to organize q court silently, near midnight
and have such proceedings enacted as Film
never dreamed of. The Judge never held cour
' before in the night neither has he been in his of
fee evenings for months. Comment is unnecces
sary.