Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1873-08-07
THE GORDON CASE.
The Alleged kidMappers OF Lord Cor
aon Committed to Jail without Betf.
for trial in October


The Alleged kidnappers or Lord Cor
aon Committed to Jail without HetI.
Tor trial Ina October
Fort GARY, July 26.--The follow.
ing is the judgment complete rendered
by the Judge on the question of bail
Of the alleged kidnappers of Lord Cor
don: Ep4
The Queen Us. Hoy ct al: This Is an
application on the part of the prison.
ers to be admitted to bail. The law
says it is discretionary with the Judge
before whom the application is made,
to grant it or not. Everyone, think,
must understand that the word "dis-
cretion" as here used, does not imply
that the Judge may, according 10 ar
bitrary will admit one person to bail.
and under similar circumstances, with
hold il from another. Legal discretion
as defined by Sir Edward Coke. Is to
discern according to law. With this
definition before US, let us apply it to
the case in point. 1t has been album
dantly established in evidence and adj
mitted by at least two of the prisoners,
Hoy and Keegan, that they (Hoy and
keegan), with the active cooperation
Of Fletcher and Bentley, forcibly seiz-
ed and confined against his will, one
Gordon, with intent to take him ont OF
Canada. Our statute declares this Of
Tense felony, the maximum punish
ment for which is seven years in the
penitentiary. The accused have sought
to justify the action that they held i
power of attorney from person in
New York, authorizing the capture OF
Gordon, and that having only acted
under this power, infringed on no
law that by the common law bail
might follow his principal even into
the British Dominion and take, and
forcibly carry him away, without a
warrant. do not subscribe to this
doctrine, which, i'm my opinion, is
most dangerous to our national inde-
pendenCe. But assuming this opinion
to be sound, it would not meet the
present case, as the power of the bail
to take its principal is a personal right
confined to himself alone, and cannot
be delegated to another. Now, with
these dates before US what remains
First, that the offense charged against
the prisoners is most serious one.
Second, that the evidence sustains the
charge, and leaves little doubt as to the
guilt of the prisoners. Third, the ples
Of justification, in my opinion, is un-
tenable. Let us, in conclusion, apply
our discretion, which in this sense
means to discover according to law.
1t Is laid down in the books that when
tho offense is Of . serious nature. and
the proof of guilt strong, the Judge
ought to refuse bail. Under the facts
In the case, and taking consideration
Of all the circumstances connected
herewith, feel bound by law and by
precedent to refuse bail in the case OF
Hoy, Keegan, Fletcher and Bentley:
Merriam's case is different, and though
the learned gentleman who committed.
him was, / think. justified by law
in, doing so. still this being anapplica-
tion to me as Judge of the Queens
Bench, and there being doubts in my
mind as to his guilt I think he ought
10 BIO admitted to bail, himself TO be
bound in the sum of $1,000 for his APP
pearanco at the ensuing term Of the
Court Of Queens Bench.
b (Signed) JAMES p. McKEoeNEY,
Judge Of the Court Of Queens Bench.