New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-07-28
THE MAST HOPE DISASTER.

THE CASE OF GRIFFIN, THE ENGINEER-HE is
ADMITTED TO BAIL.
MILFORD, Pike Co., Penn, July H.-Thls
case called up yesterday before Judge sharsWood
Of the Supreme Court of Pennsylvania who at present
staying here under writ Of hdbeds corpus, and upon an
application to admit to bail. John Bidds esq., the Dis
trict Attorney, represented the Commonwealth, and
John Nvce ESQ., the defendant. The attorney for the
defendant said that the parties who had designed
baiiDg the prisoner had at the last moment, declined,
and be was therefore, unprepared to offer any other bail
at present, but would now ask the Court to fix the
amount. This application was resisted by the District
Attorney, who was willing, however, that the bail should
now be fixed at $4,000 otherwise he would ask that the
case should be continued until tomorrow to enable Mr..
Jessup the Solicitor of the Erie Company to be present
as that company desired that the should be pushed
with the utmost rgor and that the defendant might be
sgnay punished order TO deter others from similarly
offending After further proceedings Judge shars-
wood adjourned the case until to-day
To-day the up again before Judge sharswood
and Judge Heller, an associate Judge Of Pike County
VIM II. Jessup, esq. Solicitor OF the Erie Railroad Com
pany was associated with the DsrcAttorney Tor the
prosecution Mr. Jessup insisted that bail should be fixed
in the sum Of $4,000 He did not wish to be supposed
oppressive but he thought that bail should be required
in an amount sufficient to to the presence OF the
prisoner at the trial The act Of Assembly which reached
the oense charged inflicted imprisonment OF not ex-
ceedpg five years and fine Of not exceeding 5000 and
the penalty in q bond generally double the amount
due and therefore, afforded Ia guide In this case as 10
the amount Of bail which should be given, as
the Commonwealth had the power to send
M an indictment under the act Mr. Nyoe for the pris
oner stated that the should not be excessive as TO
prevent the prisoner from procuring It, and thereby rem
der him unable prepare ms defense. The act OF AS
semby had nothing do with the case as the present
prosecution was not under that act lie believed that
no bail was required the prisoner would noWithstand
ing appear and stand his trial He cited the case OF
Deckert as analogous The District Attorney said that
the case Of Deckert was not similar There the DEFEND
ant had voluntarily surrendered himself and sought
trial The community believed him guiltless, and the
Grand Jury ignored the bail. In this case tho
Company's officers were obliged to 90 In search
OF the prisoner He insisted that bail should
be required $4,000. Judge Sharswood said that the
oense with which prisoner charged very serious In
its nature The frequent OF accidents upon
railroads accompanied with loss OF life required that
employees should be taught that there is law which VIII
lay hold upon them although there were III
the prisoners which appeal 10 our sylnpates let
from file return il appears that when il the prison
e duty 10 be upon the side track he moved his engine
upon the track. whereby many valuable lives were
sacrificed If the prisoner therefore is person pos
sessed Of feeling he must already have suffered In
ternally and will suffer all his days from the conse,
quences Of his act. The bail required should
lie sufaclent 10 secure the presence OF the
prisoner Int we are bound TO look at the circumstances
OF his life, and what would be proper amount IN one
case would be oppressive another We are also bound
70 regard the act OF Assembly for the commonwealth
may choose TO prosecute under IT, We have concluded
that bail In 5000 is sufficient Is the prisoner prepared
TO give tt Mr. Nyce in behalf OF the prisoner replied
that his friends lived at distance, and that IL sufficient
The Court fixed the Ih Of August the time for the bail
TO appear,