The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-06-03
THE ROBINSON MURDER CASE.
Judge MelVln,s Opinion on a Motion
TO Renew RecognlZance.

bel 70 reneW MS recognlzance, winch was
resisted by the counsel for the State. The
case was heard and the Judge held 1t
under advisement until Saturday morning
last, when he gave his opinion, Of which,
1t having been filed with the papers in the
Clerks Office, we arc enabled to give the
following synopsis, emitting the authori.
ties quoted:
II first recites the proceedings, and
states the questions presented.
One Of the proportions Of the counsel
for the prisoner, that bail d demandable
OF right in oil cases Of felony, d examined
and cohtroVerted. The constitutional and
statutory provisions Of many Of the States
arc referred TO, and especially the statutes
on the subject Of Virginia and West Vir.
ginia, since 1919. Our own statutes all
contain provision authorizing the Cir.
cult Courts, or the judges in vacation, to
admit to bail before conviction, for good
cause shown. The word may, found IN
each, negatives the claim OF right and
implies an application based on considera.
tons favorable to the prisoner. And no
reported case Is known, where the con.
struction claimed has been affirmed.
On the other hand, the proposition oil
the Prosecuting Attorney that bail Is
authorized in ielonies only where the
prisoner shows some peculiar extrinsic
fact, as danger to life resulting from con.
tinement, Is examined at length, and dis.
approved. "Good cause" Is moi confined
to such extraneous matters. II may con.
slst as well in showing want Of probable
cause Of guilt. The effect Of the construc-
ton claimed Is illustrated by examples.
Take q charge ofmurder. Thejustice Is not
authorized TO bail. Ifa Circuit Courts NOT
authorized to hear the case and decide
as to bail, the prisoner must remain IN
4 confinement, and, practically, without q
hearing, until final trial. Or take any
other felony. The justice decides, in his
discretion, that bail should be refused. Is
his determination finall Has he all au.
thority, and the Courts none, to pass upon
the liberty oil one charged with crime
The Legislature could not have so in.
tended.
And even after Indictment the same
principle applies. Some English authori.
ties are opposed, but these are based
mainly upon the rnle which enjoins Sc
crecy as to all proceedings before q grand
ljury-a rule that does not obtain with US.
The great weight Of the American de.
cisions, Bustains the principle. But our own
decisions must govern. In RutteJorFl
edSe,5 Rand, the General Court OF Vir.
ginia decided upon the statute Of 1919
identical with the present one, that the
Circuit Courts and the judges thereof may
always, before conviction, inquire into the
cause Of imprisonment, hear the evidence
and let to bail, If under the circumstances
1t seems TO them proper to do so. And
that was a case where not only grand
jury had found q true bill, but where an
Examining Court had passed upon the
merits, and had refused to admit to bail
And this view is sustained by reason
Why should the action Of grand juries be
held conclusive? They pass upon the
case in secret, and hear but the evidence
OF the State. They decide merely
that there is sufficient against the prisoner
to require him to be placed upon his trial
In murder cases they ordinarily, and, fol
technical reasons, not improperly, present
a bill for the highest grade Of the offense;
Is the person charged not to be permitted
to show that the offense will be reduced
to q misdemeanor, in which event bail l.
OF rightp Or that there is want OF pro.
bable cause Of guiltP Or that the eyi.
dence will show case Of mistaken iden.
tity2 And being able TO show this, is he
to receive the same treatment, before trial
with one similarly charged, but as against
, whom the evidence Of guilt, as charged
is conclusiveG And Is not this "good
cause" within the meaning of the statute
We give the concluding portion of the
opinion entire:
What, then, is the proper ruler My
conception of it has already been shadow.
cd forth. To state 1t briefly: while bal
is not demandable of right where the
charge is felony, the whole matter, upon
application made, rests, before conviction
!, solely within the sound legal discretion Of
the court and this whether the applica.
ton Is based upon some peculiar outside
circumstances affecting eprisoner preju.
dicially, or upon averments fthe want Of
probable cause.
And in passing upon the motion certain
principles recognized and adopted by the
courts will be- kept in view. Some Of
these may be stated here.
The object Of arrest and imprisonment
before conviction Is notthe punishment
OF the party accused, but that his attend.
ance at the time and place oil trial may be
assured; and If this can be secured BY
means OF bail, with reasonable certainty
the courts will lean towards the applics
tion; andthus postpone In fact as well as
in name the punishment, il any Is to be
inflicted, until after judgment Is formally
pronounced.
Ordinarily, and in the absence Of special
circumstances of hardship, where the Of.
tense charged is Of considerable magni,
tude, the punishment severe, and the eyi.
dence convincing, the motion should be
refused. In capital cases especially, the
authority will be exercised with great re.
serve, at least until the grade OF the
ottense is reduced upon the hearing. For
"all that man hath will he give for his
7 life"
But If, upon the hearing, the grade Of
the otense Is reduced 20 that 1t Is doubt.
tul whether 1t Is felony or q misdemean.
or, or II, in any event, the question Of the
guilt of the prisoner stands Indifferent
that is to say, II there Is reasonable ground
to doubt whether the prisoner has com.
mitted a felony, the court should and will
appear. o
And the Court will at the same time
look at the surroundings OF the case, and
to the conduct Of the prisoner in counting
an investigation on the one hand, OF
avoiding 1t on the other; bearing in mind
also the rule that applies here as well as
in later stage, that a person charged
with crime Is to be presumed innocent
until the contrary appears,
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