, 1870-04-05
WHO is SHERIFF?

Tho Agreement Between Tim
Bradley nnd 1Ischcr's
Donlsmcn.
Goruntr Qea1es anxious TO e IntenIeW ~ Fischer
or Get Ills Piaee.
IL TIE RECORDERS COURT,
The question whether We have or have uot a
Sheriff in Cook County, came up ycstenlay In two
khapes- In tie Recorders Court, one William
Grren, prisoner, cnntOed In The County Jail on y
charge u larceny teow steallnK,, having sued tnt
wnt Of habe1s corpus, brought un hts case; and In
The Circuit Court the motion OF Coroner L. F.
CicaScs, 10 approve bis bonds Is Acting SnEn1,
was cusntncncti tn he Aeant
s7ArHNKS1 OF GREEN'S CASE
William Green eutd out the WIT upon the A1l4-
CATION {u1dcs uath) that he Ia confined by person
cut having legal authority. stating. tT WAY Of In
ducemcut, u1at The Sheriff hid absconleL The
writ was directed TO the Acting Jailcr, Conrad
1oix.
BIZ. FoIz made the usual return. simply stating
that the prisoner Ii held By virtue Of mltti-
niu : q COPY U1 Which Vas furnished
The rtlator tprtSoutr1 made reply substantially
1ne same as In the prayer iur The Writ: thai Finer
had atscundet, ana abandoned the duties OF his
Gnlce: that he had done 10 OF public nutogtetY.
wherefore the &t,ce Is vacant Aiso that tue
l0runer legally entitled to the ONCE {pro ke.a pore
his mads y aemana M an4 Gesn refused ne custody
iuRemuch as his appointment is only from the
shcziG, who has hbsoonded. and thereby vacated
Ills uflce-
TESTIMONY OF coxRAp FoLz
ConIal Fotz teauned substantially u follows:
am acting .s!lsf Of la,s county; ~ sPpoin.ea v
deputy Sheriff. ''>' A''' '''' =
H. Sidney sisn st oejeele M IieIads q IL uteoa.,o
jacto uElcrr, wherefore, TO this Eelator, tho
tion q ja,s must depend = upon
preceding no d1rsay To the sas1-
liz suggested that lie way to reach the roins va
By wNt quo ,eurTanta. The relator has been CON-
Miltel in due form Uu Charge Of larceny, aud W
wlierr the question Was as to whether tho Sheriff
bl6re YVES vacant. In consequence Of hts having
siseonded. |. decided that the ec,s Of the dei'u
Of deputy. performed snce the supposed ub-
sounding, Nert valid. The court held that they
WEIR, An counsel Asgued that the decision applied
- well = the JaloE dt faeto In occ that decision
being that the acts Of deputy are valid until
there has been judicial determination Of the
question whether the SherN had permanently left
OF moi, IN direct proceeding 70 determine the va
cAncy.
QfnCGGNl0G
might he hzd wheu the Sheriff IS nut tn the cuun.
lii. Smith ,houeht that tue proceeding might be
directed " those holding the Gr1lccs ut1er him.
The Court imagined tnot harinR specially
thought Of the 4urston) that that would only bnna
question ut the SheItn'e tenure cua1es1IlY l,e
1"te The cou1t, III the, same manner as 1t i pFc
eentt1 In this czst.
Iii. smith unmarked tnar Deputy hiss poss.s
k0n, an that prevents the vacancy, and willie shu
vacancy does not exist, ulller the decision, The
ac1a OF the Dsruty an valid Ms to the public
M, ,hs ,se ces x % 4s rs .ss5ts y
MF. Smith therefore thouRlt that the proceeding
10 declare = vacancy should be by TIE writ qnt
sru'5unto, for |: thcI'' ie party e Jac.s In ONCE
exercising the tlutieS under color Of right, thrI
the contestant claltnng de just seek the rem
d4,y by The writ, the rec, 81 which il TO search a
II The authority at the actur lie alsb cited Judge
Walker ~ Illinois,, that vacancy can only BE- d..
C!ascd upon the cltarest EVIDENCE that the oi11ce
has removed permanently, changing Ills residence
The Court thought the testimony might 70 II
mad be consldertt As the 4uestions talset we!u O.
Fuch naenituhe IS he c,llh M, without argument
decide. The casc involves the most delicate ques
lions ever raised, and the Court did lot feel conn
dent enough 10 Proceed and decide on hand IL
wished to hear evidence The questions fuyulvt.d
are important, as for Instance, VIVA. Is Deputy
would seem by the ordinary definition thai ha |!
lux 1nefr shAdow Of the Sheriff, and whether !
~as snmeth!ng the Court WAs not, as ht present
a.lsis.a, .ls., able 70 81. by Argument |,
art dereas fon ssy o.heI II masss
nns 81 nc GTn9nas Tor Tue discharEt OF prisoner
tti1s r. y held s{ person not empoxeEed by ar
End T. pToceedsd sS.in,s IL sn,ss aefn n: q Jaa
hin,selI, must show thai he haa fight d jS,x
brouxhs asInz, he sane reTrop ior II, II e71 ~
the prisoner is in different condition. il
wond prefer to hear the evidence.
tour months ago; tnink IN August / Eaeas
aow a. ~ sSa 70 T. 9r CIV sa b.
have heard frum ether nen, one of whom 81.
IN 1h,rann I'M h. T. n,1 iH,, W. s,,e tS.tH s' ~
Irns ~, ~. ~ ns, Z Sn ~ Hv1S VIA soem. ~
ss.s -" .a.n. nave not aca1u o., OF Itunl
IEensst, s s3Seruas @ ~ otAe1 lessona since ~
ofnee-
~ peliess 5oa were creditor Of Fischer
"esn 9s:ssson 59a ao15 ol,'ee,e,, ,o
u. AdamA staNo ttAt MS object Wna TO SHOW
unatt tns s !au5uoe aNe%ed = on writ of haaa.
n,inurus i,.i b. h,S Gn TTI tn e'5 ana II pecan
st -. .. ~ IN uau @ nt ~ olueI 10 pfcteh
ts Ie s opom tne ou.e!a nond morn EoinE nt
W u 1.nr sasenS NJ, ana Ignoring iner hahilt
z &tona U ths sufenes 70 Indemnify them II the
7oT ~, fne5r Ht. rS!cate; ,sa,.,. :. ,,
show That tust At The time Of leaving, FiSene
1sr1 rc ssnN nohey 2. aMese1t rstes a. Il woul
~, tens' % ~ .aHm Insolvency. wherefore reason 10
nos tl, resalninE. LI9:.,
~, 1870 ~ nn. ~, 1isenss o"sa me aent ~
ans nnfc f"r i1n 1 ,'s'T, slse, except tha
IA 49,
si ~ .; !1ls ~ A ne'e !aA ~ tne Stale Sav1ngs Inst
tuuon lot = gee. ! signed paper down IL tn
omce dld nos slEn ~ tudcmniiyln9 bond; tn
paper signed Nas 4 Kind nf agreement l lion,
KNOW where It IL, hat think Frank Wentwnrt,
f&A Il ! don't 1rIuelnler when last sax * I
wns hAnde11 IL me. and signed IT. signed Il be
cause was on Fscher's paper for 8, 200, aud
fontalnea q Ast Of tredltots, saying how muc!
~. sNa =, ~ ~ .'em. Akelys frang wentworth M
ns esns o' NV .nT STTa!o o ! aon1 know Il Minslo!
NJ, e" ea3 1ohn a. Sc!sou va!
~ Ell .,oinS a her.: can a. ~ na, .n mem shsy Al
INV e1,,tE win any nv nva nn ny" t1s. fisehes M
had 70 cnnversafion With him about any Fueh.
1hrt nNn Nnen nc was ehot, down In the JAIL
elont AnoH VINO snot nln- saw him the eventn
& ie :. ~ enot etnaps ~ hnnr altet: aud Saw hti
IN st.Isntnt ~ tha sh',+ ~ MeeAn Ihsss eav
si,s,rs aif.r y i. ~ nnr =. ~ F9..!.sagu ntnt
ns roid IL MN, n ~. -,r.,,-s - af, lkihNAi
from FiSchrTl Fischer saii h. h.is rs MAJ en +, !,
Sherman House. md tmr Mslnt III I,a,mh,+. au ~ n
a.,.aa, s a., ~ ~ ss1 enolt was nade 10 atrest tn
sanL q a ". ~ u4aelstHM despatch Mss ser
eh,t 1h,rn'; !, Ns.s, 70 kay !has me saeFiN va
flsthef was Ehpt and saw httu iast about tn
13th Or 161h Of tho MONTH Have known F1schc
a.unt ten years and he has been permanent re-
iheV s1t ofls, E1, having & wife and Children, ~
H.; y, L1sA!S - Ana r. Grant streets; before thai h
1NEn Sn Noltn " c!ls street, leep!ng house. har
~ ~ chsm, An Ky ne mas ever changed or deslEnc,
fss no n :, vsses q! sS DO not know thst
leT ta6t, I have not seen him since have hean
tnAt he Is io Texas mean az loue ~ his fsloIi
1trte NJ The housv that Is his residence. Tns M;
aas n% ~ r., MN tn Te1as was cesrar 1eertn0, M
Hs.,.s n. sis., sne one mno nal shot him, and n
,nGbt 9,.n @ ha. mes h 70 enoon MS name, because
AnSs1 ~ Sr'. s n.r osiHssA
m ,,f;".; fns,s.s ~ ~ nps Ano" 'aA9 ne ~ens o.