The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1870-04-28


OF h0beds corpus. before chief Justice shack
elford. OF the High Court of Errors and APP
peals, on Tuesday evening. Judges Nergcr.
Potter and Johnston appeared tor the de-
Tense. Simon Jones, District Attorney, rep
resented the State.
The evidence taken before the military
commission was read.
The District Attorney wished further
postpOhemcnt of the ease In order % bring
witness who would prove malice aforp-
thought; also to obtain assistance Of Attor-
ney General Morris who was absent from
tow ~.
Judge Johnston stated the evidence al
ready taken WAS rs full aud Yoluminous as
could be obtained, and that every eNertion
had been made no the trial before the MILF
tary commission tu bring forward all Wit
nesses who could testify in the slightest
manner in the case. lie further argued
there was no foundation for further post
ponement; and the Attorney General had
nothing 10 do with the ease.
Judge \ ergcr spoke Of the time the pri.-
Oucr had been in confinement: quoted the
unsettled state of affairs at the time Of the
killing; referred 20 the fact that two civil
courts having been IA session since. and the
prisoner still untried; alluded to postpone
mcnt OF case after h. came before Judge
Trimble, and no one being on hand TO try 10.
and concluded by asking the district atlor-
ney 10 name the witnesses whom he could
bring forward, which would warrant post
pOuemcut.
The District Attorney said he was unable
to give the names of the witnesses, aud un-
der the circumstances could raise 40 legal
objections.
Whereupon Judge Shackelford delivered
an oral opinion. In substance as follows:
This case has been submitted without ar
gument upon the same evidence that was
produced before the Military Commission.
and the counsel for the relator asked his dis
charge on bail under the liberal provisions
Of the Constitution OF the State of Missi--
sippi. and the decisions Of the High Court
eNpOunding the same In the cases of Moore.
Roy and Reall. The Constitution provides
that all persons, before convictions, be baila-
BILE by sufficient securities except for capi-
tai otfeuses, where the proof j. evident or
the presumption great" In the exposition
of this clause the High Court IN the eases
referred TO has established the general right
Of bailing parties even when accused Of
murder To be discharged on bail except in
very extreme cases, and has held that parties
are batlable, "eyen m cases where the Jury
might.and perhaps ought, on the same cvi-
dence, 10 render "A verdict of guilty formur-
der" such was the exposition Of the High
Court of the clause above cited. a. IL stood
in the Constitution of 1892. and our late
Constitutional Convention has adopted this
clause, word for word, and inscribed it la
the present consultation. thus ahHDtiBU IL
with the liberal Interpretation put upon il
by the High Court. The clause thus eX-
pounded il the law Of the present case. The
Court might perhaps rest on known facts
in this case, and decide upon the clear pre-
sumption at the indiugo Of the Military Com
mission, Of the charge for which the rcla-
tor stands committed was not approved by
the President of the United States. mas
much no proceeding have been had % en-
force the sentence OF that Commission, aud
the relatOr has been Transferred TO state Hu-
thorties. Doubtless the facts now before
me have been carefully considered bv the
high law officers OF the United States. but
passing that point come 10 the evidence
before me. Does IL show the case Of hOmi-
eide amounting so clearly and plainly 10 the
crime OF murder, that / would be Justified
upon the liberal policy Of our constitution
and laws on the subject Of bail la remand
ing the relator TO prison, or refusing him
bail / think not. The evidence on some
points j. conflicting and the weight OF the
testimony seems 10 show that the act for
which the rclatOf stands charged was COM
mitted In the heat OF passion. excited by
conduct and expressions IN an unexpected
chance meeting Of the parties. The testi-
mony of Byrd relied on the established NAL
/ ice relates 20 an expression Of the relatJr
made at a time when a former hostile meet
| ing Of the parties by consent was anticipa-
! ted and this consideration dcpTiycs the gem
! eral expression proved by that witness OF
much Of it, force, when II Is offered 60 show
! the intent with which an act was cone iu
| heat of passion. excited by conduct and ex-
pressions attending the unex pectcd inter.
/ view. AS the case II TO be tried by jury 10 /,
! not proper for nae 10 enter on "A general dis.
! cussion Of the evidence. but 20 delare th,
| result that the case is bailable. That to-
| relator be discharged from custody upon hi
\ entering IN recOgnZance in the sum OF NJ
| teen thousand dollars. with two good anJ
/ sufficient securities.