Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1857-08-26
N NASHVILLE:
WEDNESDAY, AUGUST 2e. 1g57.

During the past week there has been
much excitement in Memphis, growing out
of what is believed to be an attempt on the
part of a prisoner, confined in jail, under an
indictment for murder in the first degree,
through his friends and counsel, to effect
his release, and to escape trial. 1t APP
pears that the prisoner, Isaac L. Bolton,
killed, in Memphis, man named McMil-
Ian, that he was arrested and stood an ex-
animation before three magistrates who
committed him to jail, bail being refused
that, subsequently, true bilP' was found
against him in the Criminal Court, before
which he was arraigned, and after hearing
the indictment read, pleaded "not guilty
and that he was then remanded to jail for
trial at the October term of the Court.
He did not ask the Court to admit him to
bail Recently, however, he passed over
all the Judges in that Circuit, and applied
to Judge Fitzgerald, at Huntingdon, for a
writ Of habeas corpus, with, as his counsel
allege, a view to be admitted to bail. The
writ was granted, and preparations were
made to remove Bolton from Memphis to
Huntingdon for an investigation, before
Judge F. of the propriety of admitting him
to- bail. Citizens of Memphis believ-
ing that the action of Balton and his
friends was prompted by a determination
to prevent his being tried for murder, by
effecting his release on bail or otherwise,
and permitting him to flee the country,
! held public meeting and determined that
he shOacld not be removed from Memphis. They
did not question the integrity of Judge
Fitzgerald; but believed that the ends Of
justice would be promoted, by resisting
his fat. They appealed to the counsel Of
Bolton to withdraw the application to
Judge F., and to submit the matter to some
Judge in Memphis. This appeal was re-
jected They asked the sheriff to decline
the service of removing Bolton. He re,
piled that he would obey the mandate Of
the Judge. Thereupon, a guard of citi
zens was detailed, to prevent the removal
of Bolton, and when the Sheriff applied at
the Jail for the prisoner, he could not get
him. The resistance of the citizens was
effective.
In justification of the course they have
thought it expedient to pursue, the citizens,
through a Committee state, that they re-
gard Judge Fitzgerald's fat as a nullity,
it is not sustained by either precedent, sound
policy, or the constitution and laws Of the
State; but is ON the contrary (if obeyed)
subversive Of all these" They give the
law upon which they base this opinion.
The resistance of judicial authority, in
this manner, is very grave and serions
affair. 1t is a great evil, but it may have
been a necessary evil. The crime-ridden
citizens of Memphis are the best Judges oil
this. They know what the security Of life
and property in their city demands; as they
also know how frequently murderers and
other villains, through the adrOitness o.
legal advisers, aud amiable judges, have
been turned loose upon the community
''unwhipt of justice" to continue in the
paths of crime. Whilst we may lament the
necessity which prompted them to reVolu
tionary action, we do not feel inclined t.
cenSure the act. The best of motives IN
derie the movement of the citizens; and
though it may be in itself great wrong
good may come Oft. If it result in givinl
more security to life in Memphis, and teach
ing the Judiciary to be less pliable t
scheming lawyers and bloOdy-handed prise
ners, it were well undertaken.