Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1867-05-02
Local and state Items.

Local ana state Items.
HARRAs CoRPus,-A decision was rem
dered by Chief Justice PIRRPoIEr on
Saturday last in the case of Patrick Nc
Gettrick, which will interest the men,
beers of the legal profession, If not the
general public. The prisoner was con-
fined in jail on mss"e process, issued as
eapias, in which the damages were laid
at twenty thousand dollars. The suit
was instituted by the Rutland Marble
Company for an alleged forcible inter-
ruption of the work on the qusrries at
West Rutland, by the acts of the de-
PENDANT and Others, with whom ehe Is
alleged to have been in combination and
confederacy. He was brought up on
haJeas corpus, complaining therein that he
E was unlawfully restrained of his liberty
by reason of excessive bail being re-
quired, and praying to be discharged
upon furnishing bail in such sum as
should be deemed sufficient. On the
hearing it was claimed by the counsel
for the prisoner that the 0d damnum in
the writ was disproportionate to the in
Jury sustained while on the other hand
the counsel for the Marble Company
contended that neither were the DANA
ges alleged at an excessive sum, nor was
excessive bail required, and insisted
that the Judge had no jurisdiction in
the premises. Judge Pierpoint held that
he had no power to grant the relief ask
ed for by the relator, and made an order
remanding him to the custody Of the
officer. His Honor made the following
points in delivering his opinion
l. That the Massachusetts and New
York cases, cited and relied upon by the
REALTORS counsel are supported by
statutes comforting power, in express
terms, upon the Courts and Judges of
those States, respectively, to administer
relief upon Aabsas corpus in behalf of per-
sons in actual confinement upon mesne
process, while in this State there is no
such statute.
.. That in his State the Officer who
serves the process is made responsible
for the appearance of the Defendant, to
be taken in execution, and in default OF
such appearance, is made liable for such
sum as may be recovered by the plaintiff
in the action and that for this reason,
apparently, he is empowered by the
statute to Judge, both as to the amount
| and suficiency of the bail to be required
of the defendant.
8. That in fixing the amount of bail
the officer is not required to be govern
ed by the amount of the aa damnam but
will ordinarily be guided by what it may
reasonably be expected the plaintiff will
actually recover in damages.
4. That in this view, even though the
Courts possessed jurisdiction, it cannot
be said that the amount Of bail required
is excessive, so as to present case for
the interposition of the Courts on 6a5eas
corpus.
5. That though cases might, doubt
less arise, in which excessive bail
would be required by the officer, and
thus the process of the Court be prosti-
tuted to purposes Of oppression, legis-
lative remedy must be provided before
judicial redress could be invoked.
In compliance with the order of Judge
Pierpoint, Sheriff Field took charge Of
the prisoner, and again committed him
to Jail for safe keeping. A.A. Nicholson
Esq, argued the case for the prisoner
and @. G. Dewey, Rsq, appeared as
counsel for the Rutland Marble Com
pany.