The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-11-06
LEGAL TNTELLIG ENCE

COURT OF QUARTER SEssIoNs-Judge Peirce.
he Of mater OF ne for ag d
lanus, and Holland. VINO have been in prison
since July last, awaiting trial upon the charge
clsimed that they were entitled 10 be ais-
charged under the two term rule OF the act OF
Attorney Sheppard, :came into COURT aud
opposed the motion I'll said that the views
snd ihe Construction always put by the Court
upon the act OF 1885 we're that Its provisions in
regard 10 the ed Sdisenaree OF prisoners @ S were creme not
And This discretion the Court mad never hest,
the terms of The Court were quarterly, and con-
sequently man commit ed 10 prison to ans Wer
at The next term might lie there nearly three
term, then three months before the expi-
ration of that. his first term, aud
the third term. BY this arrangement he might
be confined pearly nine monLns without trial
intended to- pIeVent malicious delsVs and Ts rss
lease after six or nine months I'm pri, onment.
was the extent Of the remedy; But now: by the
was made to apply to terms OF two months
duration, the act of 1867 making the last
mot abbreviatipg the time when the prisoner
mig hit clatmlhis discharge. But the law wasonly
lays Therefore. where a postponement of a
trial was made by the Com mon wealtn's officer
for what in the honest exercise of his dlscre-
ton appeared to be proper cause where there
was an entire absence of everything ike
malice tn o prisoner could not demand mis- dis.
cnarPe. This case has not been tried because
the Conn wealth's officer had thought 1t
best not to take 1t up during the hot season; In
fact, 1t ives the request OF the bar that an
Oyer and Terminer should not be
held during the warm season; moreover,
the Court had been compelled to take recess
in order 10 have the room cleansed; the public
Interests demanded It, Such reasons as these
had combined 10 prevent the trial, and no inn
proper motive whatever entered into IL.
But here the commitment was In June to
answer at the next term, which, as the terms
within the meaning of this act consisted of two
act of 1867, would begin In August, and the
second tel m from that would begin In October
and end in November; therefore, under the
comm IL tmeDt the Com mon wealth would have
uptil tn close of this month to try the cause.
In the course of the argument Mr.. Mann read
from the record OF this court in 1884 in which
were fOup Buoh penalties as twenty. one lashes,
so many hou 8 in the pillory the nal log of ones
ears TO a post, and the cutLing of them OF
gument said that he had examiued the re-
ported case on the subject, aud had found none
that would call upon the Court Tn grant this
motion under the circumstances, but had
found those that would well warrant it's re-
iussl. Where the panel OF Jurors had been
quashed at two successive terms this was con.
siueTed an act for the benefit of the CON munitv:
The prisoner was member of that CO muniiy
and his assent was implied, and. the efore,
business prevented the trial. Toe law, he
thought, was not mandatory but simply per-
missive, and tD8t where the postponement was
not from proper causes.
At the request of Mr.. O'Byrne the argument
was continued until To. morrow.