The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-06-12

Court of Quarter Sessions.

JIMMY HAGGERTYs BAIL
In the matter OF the petition made several weeks
ago by Hugh M'Anany, the surety for Jimmy Iag-
gertys appearance at Court, OF which we made men
ton OF some length at the time, his Honor Judge
Brewster this morning delivered the opinion OF the
Court After reviewing at considerable length the
proceedings taken and reasons assigned by the petit
toner TO effect the remission Of his forfeited recOg
niZance, among which were allegations that there
were irregularities in the bail bonds and binding
over, that the petitioner at the time OF signing the
bonds was under the influence Of liuuor TO such an
extent as TO be wholly ignorant OF his actions and
the responsibility he was assuming, that the flight OF
HaRgerty and the absconding witnesses was with
out his connivance or knowledge, that he had made
every effort i'm his power to effect the surrender OF
Haggerty, and that he would be utterly ruined by
enforcement OF the bond; and after answering each
position by both facts and law the opinion con-
cludes:-
These views dispose of the whole matter We have
great regret l. would be much more pleasant task 70
the law which il was our duty to administer There never
can be satisfaction in enforcing forfeiture but
paraby presented by these records simply this Shall
from iustce the vtneeses disonpeap The cT nino ro
turn the oreitures be stricken on aud the accused be
dant Haggery may be innocent Of all the charges brought
but discharge his bail the guilty can avail himself Of
cur ue'sioh 70 Dd dehanee TO justice and the Criminal
I tne deendents whose poverty or want Of influence may
found within he four ne ~ y y q refuge to be
, 4 n most eloquent sppeal has been made for
rogatye Of cemency not with the Court For very wise
partment OF the Government mns refer this petitioner
Onr duty is performed. Never pleasant, and often a
most painful obligation, when endeavor host of
ability to administer the law find it in each
particular The disappearance of many witnesses
be accident but to guard against the possible
repetition Of such misadventurs in every bail we
must hold these forfeitures with rigid hand
They must be enforced to at least extent which shall
deter all others who sympathze with criminals from
lending the aid of their and bail bonds for the
sacrifice of Justice. In view of all the facts before the
committing magistrate think that he acted with
feet proprety in eXactng the large amount of bail he
qured 1t would perhaps have been better for the deen
dant for the surety and for the Commonwealth If the
amount had been doubled, for then, probably, bail
would have been entered
think however there allegation against this
bail except that of Culpabe aches, amercement Of
$4,000 will be sufficient punishment for him and sui
cient example to others
We have therefore concluded to remit the forfeiture in
the case in which the Commonwealth has suffered
udce by the delay to reduce the other oretures that
they shall together amount TO the of $1,000 and to
the eves to remain and by that day. if all the Common
wealth's witnesses not brought in the Sheriff must
proceed without further order This opinion and the
haIe been submitted TO all of brethren, and
authorized to that the order about to be made is
the unanimous judgment of the Court
And June r. 1862 the forfeiture of the recogni-
zance in the charging assault and battery with
intent to kill Officer Camac whereof defendant has been
acqutted) is remitted and the Judgment thereon to
March Term 1862 No. opened payment of costs
The other forfetures reduced TO the of S30 the
executions stayed until the first Monday of July 1859
the eves to remain and the rules all discharged.