The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-06-24
,EIIE SECONDS In THE LATE DUEL
THEY GO BEFORE JUDGE LACY
OF NEW KENT.
BAIL GRANTED THEM.

Yesterday at O'Clock MesSrs. W. B. Tabb,
John S. Meredith, w. l.. Royal, and w. r.
Trigg, the seconds in the late duel, left for
| TunstalI's station, on the York River and
Chesapeake railroad, in charge of Deputy
Sergeants Dudley and Holzinger, in obedi
ence TO writ of habedS corpus issued by
Judge b. w. Lacy, of New Kent and Charles
City counties, on an napplication made to him
| by the accused, through their counsel, for
| BAIL
The gentlemen were accompanied by
Judge Ould, Judge John Meredith, and
Leigh X. Page, counsel, few OF their
friends. and witnesses for the Common
wealth. Shortly after O'Clock they arrived
at the station, and in few minutes there
after court was opened in a room adjoining
the depot, temporarily arranged for the pur-
| pose.
The papers in the case were presented,
and Mr.. Page stated that the Common
wealth,s attorney, Mr. George D::Wise, had
| been notified of their action, and his ac-
acknowledgements in writing was handed the
Judge.
Mr. Page further stated that they had
made application to Judge Guigon for bail
solely on the ground that the Common
wealth was not prepared to 60 into the trial,
and he had refused TO grant it. That the
gentlemen now appeared before him ana
asked bail on the plea that there is no reason
BILE ground OF presumption of guilt against
them.
Major Poe and DR.. Hunter Mcclure were
then examined, and stated substantially What
has already been published in the Nspatch'
After hearing the evidence. Judge Lacy de-
liyered the following opinion
Royall and others us. The Sergeant OF the
CITY of Richmond. Petition for hGoeoS cor
puS writ. .o,o
The act of assembly of November 8, 1879,
provides that a judge when applied 10 snaii
grant the writ Of habeas corpus forthWlth
upon application to any person who shall aI,-
ply and show probable cause to believe that
| he is detained without lawful authority. ;.
The act of March 25tb, 1872, provides that
any court in which any person is held and TO
| be tried for any criminal offence, or any
iufce of q circuit, county, or corporation
court, may admit such person. To- bail before
conviction. -.
The clauses of the same act preceding
limit the powers of Justice;. when tne
,.burue is Il misdemeanor the bail Is granted
nc q matter Of right. Ii the charge be for
felony the bail cannot be granted by q
ursr;cE unless there be slight suspicion OF
gnllt. This take to be slight suspicion OF OF
crime-not of the commission OF the act
merely, but the commission Of the iaet e0u'
pied With the telonious intent.
The net last quoted Leaves to the court
where the person is held, or TO the Juoge OF OF
any circuit, county, or corporation, M lu.'
power and discretion to bail any person.
charged with any criminal offence al any
! lime iefore conviction.
| This is a Judicial discretion to be exerciseu
with caution and prudence, but l think no
| tiDidity, or regard for popular cIamor, of
reluctance from any cause, is requisite 10
make up this discretion.
1t is 4 franchise of the Virginian citizen
deposited by the people for safe.keeping in
the judicial breast, and under circumstances
that thesten no violence or hjndrance to the
proper administration of justice, under cir
cufnstances that will insure the presence OF
the accused for trial. 5sSl.
The Judge has no more right to withhold
il than to refuse to enter Judgment inaccord.
ance with y verdict Of acqnittal rendered