Vicksburg weekly herald. (Vicksburg, Miss.) 1868-1883, 1870-04-23


the Military Commission, and the
counsel for the relatOr asked bic
discharge on bail under the liberal
provisions Of the Constitution OF
the State Of Mississippi, and the
decisions Of the High Court ex.
pounding the same in the cases oil
Moore, Ray aud Boall. The Con.
stitutiOn provides that all persons
before conviction be bailable BY
sufficient securities except for cap.
ital offences, where the proof il
evident or the presumption great
In the exposition OF this clause the
High Court In the cases referred Il
has established the general righI
Of battling parties even when &C.
cused Of murder to be discharged
on bail except in very extreme
cases, and has held that parties are
bailable, "even in cases where the
jury might aud perhaps ought on
The same evidence, to render a yer,
dict Of guilty for murder Such
was the exposition Of the High
Court, Of the clause above cited, al
II stood in the Constitution of 1882
and our late Constitutional Con.
ventiOn has adopted this clause
wOrd for word, and inscribed ii il
the present Constitution, thul
adopting II with the liberal inter,
probation put upon it by the Higt
Court. The clause thus expOund.
ed il the law of the present case
The Court might perhaps rest on
known facts in this case, and decide
upon the clear presumption at the
finding OF the Military Commits.
sion, Of the charge for which the
relatOr stands committed was not
approved by the President of the
United States, inasmuch as no pro-
ceedings have been had to enforce
the sentence of that Commission
and the relatOr has been transferred
to State authorities. Doubtless the
facts now before me have been
carefully considered by the high
law officers of the United States
but passing that point | come to
the evidence before me. Does il
show the case of homicide amount
ing so clearly and plainly to the
crime OF murder, that l would be
justified upon the liberal policy of
our Constitution Snd laws on the
subject Of bail in remanding the
relator to prison or refusing him
bail! think not. The evidence
on some points is conflicting and
the weight of the testimony seems
10 show that the act for which the
relator stands charged was COM
mitted In the heat of passion, ex-
cited by conduct and expressions
in an unexpected chance meeting
of the parties. The testimony of
Bird relied on to establish NAL.
ice relates TO an expression Of the
relatOr made at a time when a
former hostile meeting of the par
lies by consent was anticipated
aud this consideration deprives the
general expression proved by that
witness Of much Of It's force, when
1t Is offered to show the intent with
which an act was done in heat Of
passion, excited by conduct and ex-
p%ressions attending the unexpected
interview. As the case is 10
be tried by jury il Is not
proper for me TO enter on
a general discussion of the evi.
dence, but to declare the result
that the case is Dailable. That the
relator be discharged from Gus.
toby upon his entering in recOg-
nizance In the SUN of fifteen thou.
sand dollars, with two good and
sufficient securities, Jointly aud
severally, in like sum.
The bOndsmen were readily OBJ.
tanned, Mr.. Hyman Hilzheim being
one.
The town was, to say the least,
surprised, for II was scarcely
known that the trial was being
held, he having so often been de-
MED, that people had come to ex-
pect that each effort would prove a
failure. Very general satisfaction
is expressed at the result,
During the examination Col.
Yerger bore himself with his usual
dignity, seemingly perfectly con-
tident Of the result aud upon the
result being announced received the
congratulations OF his friends who
clustered around. Immediately af-
ter the bond was signed and the
Sheriff discharged him he pro-
ceeded unattended to his residence,
where his family were scarcely ex.
peCting him.
Radicals express their surprise
II the result and say that ,Judge