New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-09-20
NO MORE FAT BOILING.

THB CASE OF CHRISTIAN GELS AGAIN-IsPoRTANT
OPINION IN CRIMINAL PRAcTIcB-Fo REVIEW
ALLOWED OF THE DECISIONS OF THE COUNT
Gns TO SERVE OUT HIS SENTENCE.
The case of Christian Gels brought up on writ oil
hAs and ceorar yesterday before Justice sather
lana a, Tho sunreme Court Chambers Mr. Vandetvoot the
Cle Of the General Sessions apared behalf Of the Teopie
and handed to the Judge ecognzanee which ne stated we
in accordance With the prteuee OF Inc DlslIlcS .s ~
drawn TO the General Sessions Mr. Justice Sutherland ex
amned and stated that shat dd not cover tne wnoe me
statutes the law this point lie had oeeh ~ o.n
sdees of this Court IL the hSS Oh ina The or%
De bad grsntedIhey would notice was common Jaw @
and not statutory ore Inc 0S s oossr sss act
of 1859 The oct 81 1857 had abrogsed the eto Chag OF @
sons TO the Supreme Court by ceora The act 81 roy nau
repealed the section abTOgating the herssea
question before whether that revived the 18th ehap
As general rule such repeal did unless the tenor Of
~ n,,iaisd an enti-elv new method phn orevlew
ing Judgments Of the Court Of Sessions toA9I en-
with the provisions Of the Revised ssatutes AZ soua u
thereee bel held to revive psons at did not pro
vide for anv appeal to the CSrt OF General SESSIONS THIS
Nv 81 bi dtrjet They were therefore thrOvn back on the
common eTorar Judge Solder had IN 'hs case
in Gath ~ = Rep expressly aSenS1at point He coences
his osinen with the phrase this is common law en.oreri
thus showing his Judicial aeimen Now IN Framing tae ot
law of $50 restored the Revised Statutes Since thea he had
ca7eay examined the Law with hat view end ne oouI nU'
continue in that opinion longer He had always Deen
t-ouben granting such c0ro7s. The doubt bad gwen
him great pain He bad felt that there WAS aare N tnS
remuneration usiioe that those who could ge bal had
procured orders OF eiGrrri aud 1her cases never were
ward beard Of while those whoeoud mot e ba,l hau 10
tie sentence hight or wong. Inc matter haa r Prr
70 hiu and be wrong, he always Ne ~ was IOp
matter for unprecedented Hethought Row tine 70 oofEec'
The case might be one but reennrita' essential
an the courts II there irreguariy elsewhere the more
nee1 Of il in the They were its last refuge
Justice Sutherland then examined int tie question whether
under law eeTuOrar he could admit te "
hal on haeas eopus He pointed that Revised Stat
utes in repeating the common law heuea8 corpus Hui
vi0ed essentG 10 the petition tnat 81 shCu s'ae
e risopsr was NOT b on the final Judgment Of court Of
cor peeu Jurisdiction Now this OF course leit tne
of Jurisdiction Opea 10 examinations out IN Ds eae
he AZ least be had assumed the court had jurisdiction
in the matter anu there therefore nothing on When nc
could There scarcely possibility OF an a.eIL.U
in hs option he would consult with Justice lngrahan
who IN town. IN.
every other county had means OF appeal IN sue casts u
NewYork City every name liberty should oe a tnS nrc,
Police Justice without review; that the Constant paeuee
had been 10 grant writ and h was case Oh uouDs
he thought the COur should stretch point an ia'Vfoi TUE
prisonei-at least give him the benefit OF the d0ubt
Justice Sutherland stated that he was very DESTROYS ss ne
understood the prisoner could give most satisfactory oa 20
he had examined into the PeeedenS but had found hohe
cised the Jurisdiction Of admitting TO bail person actually
adudged by and the execution OF bis sentence ne
hs Examined the cases on this point going back Magma
CbaTts On tins point to he had examined the
Of States which were really decarOry o ho
cnon law seven Of them prUtde for bail in oil cases
The New York Constitution has provision against excessive
bail The others had provision whatever hbout AnotheI
difficulty that recognzance should De taken and
the decision Of the Supreme Cont against ho VINO was 70
render the sentence Was General Term to direct the
execution the remainder Of the sentence He knew no ueh
power there precedent for the exercise OF H.
Under Revised Statutes they could by witt in the ma
prOcedeudo remand him 20 the General Sessions for
the completion Of his but the Revised Satses
were repealed that there 10 effect the
completion OF sentence and thus there would be- az there
had been failure Of justice He did not how he could
gren writ adult the prisoner 10 bail but would the
counsel desired IT, consult with Justice Ingrahem, though be
scarcely thought his opinion would be changed
request Judge Dean the case was then adjourned
| O FRIDAY, at 10 IN.