The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-09-25
Court of Quarter Sessions-Judge Brewster.
HAGGERTY's CASE.

HAGGERTY's CASE.
The argument the rule granted against Hapgerty
to show why he should not be rem anded to the
% 70 serve out an EnexPred term of imprison
resumed this morning amt.
his theory that if an unconstitutional condition
9e5ed to pardon the condition Is to the par
S bs ceuoT S mS that
leave Country the Governor had overreac6ed sIH
his authority which extended only this State and
denoe New Jersey where his pardon would have been
he should have bee DOR to bTe
been committed by him in this State he could not send
Pardon Would bar asnnse such SfOceedn
out of the State alone but all the length
M hs
s fve Sapa h Of ft a for violation ns So Of 9 &
the Gemse shersfore being wiped out there was
the Of having Jurisdiction in the
state New BoIk 9 he soS IN no the Of
Citizen Of New YORK should 70 raVe through this
the country whoS was pro
hibited by the Constitution ion of the nation.
argued that that only required in terms that the pT
never return He did leave the country as had been
proven and it was not for the Court to say what the
no right to return.
ec had been thoroughly BY Mr. Brooke that
but little was left to him. and began by saying that this
Of the greatest interest not only the prisoner but to the
whole state and therefore % he thought LAWYER man
allowed, fairly honestly, and freely to discuss such
unjust criticism, though he were bad or worse
than the burglar or other offender whether he be Hag
To the point of the pardon he certainly believed that
therefore, no condition could lawfully be annexed but
granting for the sake OF argument that condition could
the @ as 6@ hat Z.
vote! Then could he control his Will to reside
county, Could he force him to BECOME citizen Of
not be, Just in the Sight. Of Heaven '4dG or
allowed reside here it is wrong to force him with all
his wckedness another people. This State has
cannot make penal colonies of its neehbors But it is
That no o3nSa @ be %s S with
most strongly against the government and most favor
This was James Haggertys case but in law it was the
same as the case OF any other man If a9other man had
this and nd had returned reformed man. H. had married 3
children and by admring friends, and the prosecuting
officer should break into his happy little household
must You go back to your prison ee the whole oommu
of that officer that he could not be heard The law
makes distinction of persons and the Court must ad
District Attorney Sheppard Closed the discussion He
BqooRe and Mr. Mans The latter gentleman Rad favored
the Court with eloquent and beautiful exhortaton
se ap
than MS by this O ca On SS pa
| the Commonwealth, all remarks tending to excite
been serupuousy avoided whether or not there existed
prejudice against him, the Commonweaths officer did moi
stand here TO take advantage of it but what he
tended was the law he wanted adnnissrsd Nor did
prisoner other living and the prisoner
ten times the man he was painted us by he would
ask for him the same law that would apply to as white
Turning to the practice in this State Mr. Sheppard cited
many from 1921 down the cases of Hester Vaughan
and Ohauncey johnson showing that the Governors had
Passing from the practice to the law he took the bToaS
ground that in all matters other than OF impeachmens
words it. These conditions we're not executive
attempted they as were ns
siffptS ps Sy the The % EfeSo
tSn otherwise you shall remain in prison and they said
sidsTsticn ThsTsiqTe ali that talk about eSpstriatio
Favel case decided IN isa5 by the Supreme Court il
oroneOus supposed decided that coRdtioSs pSrdon
were o @ a and n nat case % the condition
highest court 4 i bad law this Court is bound
iS grace, ,''' ''' ' ""'"'N ''N'' WIN O'
fulfilled, MI sheppard argued the negative, and mali
ss sA Se nc SS he Of dS pTGS sd Of the %
tempted Inc though by incomplete means, TO- show that
is spS but wsS ns miles % 81 from N%sns
EsSySs SsS u s rail and he might easily have
So O FAIR Snd Gi naua GS pr
of n the TSs %o s Gs merely % S1Sn Gd
the pardon means somethng and is not to be ried wi
Of the community well as OF the grantee, and he mu
And the canon Of law respect is that the const
Gn Of this pardon + 70 S be & sGt Sssinst the grantee
& Of others-the community. W 'i'' -'S'
This pardon is grant SpSn ana SSONsnSn and the
/ It T. to be most strongly taken against him
under consideration.
y Supreme Court.