New-York tribune., 1873-12-25
THE COURTS.

THE SENTENCE OF LANCE LEGAL,
A DECISION IN TIE UNITED STATES COURT THAT A
SENTENCE CAN BIZ REJCISDED AND NEW ONB
PASSED.
In the United States Circuit Court yester-
day before Judges Woodruff, Blatchford aud Benedict
matter the order requiring the United states
District Attorney show why writ OF oerorari
and habeas corpus should not be issued for Edward
Lange prison for illegally converting mail bags
to his use, Mr. Arnoux, Of counsel for Lange pro
sented to the Court the record OF his case.
Edward Lange Of the firm Of Lange Little Hillmau,
printers in the city was indicted for appropratng to
his own plain terms for stealing-a quantity OF
T. s. mailbags Like all printers who are accustomod
to send large quantities OF printed matter through the
mails the firm in the habit OF sending 70 the Post
Office foe mailbags in which to deposit their pubica
tons sometimes ordering mauy 90 or 100 at time.
The charge against Mr. Lange OF appropratng the bags
10 his own use was made by his cOachman, with whom
ne had had difficulty and Mr.. Lange claims that
the evidence which to base the charge was arranged
or manufactured beforehand Be this Is it may twenty
seven OF these nabsgs found on tho promises OF
Mr. LANCE mostly in his stable uptown. aud on this
evidence no was tried before Judge Benedict OF the u s.
District Court aud convicted Of stealing them.
Judge Benedict sentenced Lange to one years i'm
prsonment and to pay a fine OF 500. II was subse-
quenty ascertained that the prisoner could not bs
legally sentenced both 70 pay fine and to be imprfs
oned the first sentence therefore rescinded and
Langs resentenced 70 one years imprisonment
Tho question in ths 10: Can the Court legally
rescind q sentence and pass new one' In arguing
that question Mr. Arnoux spoke substantially -
folows:
Whether the Indictment stands generally guilty. -
entered in the minutes Of the court H be the special
verdict which the jury did in fact render the sentence
Of the Court only pronounced on ono
as unit and for only one conviction and punishment-
49, however only necessary on this point 20 recall inc
90 khA and pa
Ia the Tweed and to cite the declaration OF Sudse
Benedot that there was only one oonvc.on .Sss ~
and Intended in the sentence. TO punish for one oonve
ton only But We claim that !dsse Or SS the record
Of the Clerk his minutes IN the court below put tnat
the coa, may % have matters ssn,sncs
Lauge was illegal and void and was tne auy OF Inc
to n% wnsH linden sne the law the
tive was given to the judge either to impose ne. o.
e he rsSs Ssld question: ne S whether the
feet Of double sentence n TO render iiegs ,ne wuo
only the G IN &
tand that any part OF tho sentence can stand tnon
that which is last shall stand IN preference 70 tnas
le inficton Of the fne subsequent to the imprison
meat, the former being un,ier tho sw IN s lu ,,s
ton OF the crime OF which Lsnge had been found guy
must OF necessity be tho whole punishment, especay
where TINS the hne mas been pao ~ % % 40
ant NV tha Unitsd States Satisfaction OF tnat par
AZ ana senJence The sentence pronounced Ia an en-
rsy aud exceeds the punishment n Ss rO Plevsu and nd
Il E1Al
~ aas tIolf Art Regina. ID. and H. 7it Jur' oSop
Jsaye having been retsoved FROM tho Court anu I'm
nrsSned under the sentence, and having paa .pe has
IN Tai tho sentence was in part executed and had
nacan,a beyoud the control" VI che judge who pro-
nowncsd it The power OF the Court having been OK
h.ns,d IN the sentence nrst pronounced the secona
s.ntsnea was wholly without Jurisdiction Inas peins
al LANCE IA entitled To tho wut prayed iof' ano I" "
Sisohsrsed from his illegal Imprisonment
Assistant United states District Attorney Purdy. /"
h,. reply 20 Mr. Arnoux cited the Cailicots case
for,i's c. C. r. VOL O. p s9,. In which Judge "ooufu.
held that he hsd no arsdction to review. on hsosaa
corpus ths Judgment of the Circuit Court ION conv'S
ton and senteuce on sn Indictment on sn sies"''".
that ths statute under which shs sentehce was imposes
had been repealed before such sentence vas pss.o
After claiming that the principles OF .aw appnea "
Judge Woodruff To she Calicott case should prevail "
Lanxes case Mr. Purdy agreed that on gcnerai pnno'
pies tho court has the power TO resoind senssnce
neousiy ossscd and To nnict new onc provded, nov
ever that as IN ths such action DO sskeA
the term OF the court st which the prisoner wss ~
Judx, woodruff delivered Tho following dso's''" -
,hs ,our, rsfus,ug to grant tho writ asked ses'
We arc OF opinion she judgment snosea bv
c,sr AZ belug FUR u expressly s;.s hv ha
.arr r.nnot be impesohed under procoeu.,
hs.s oorpuA n the had jursdouoa - ~ hsi ,uSss
th.I eusnt rhs only eround upc9 w ~. 40 s,as
dlcton 10 questioned Is that the Cou' "A" W. I'' -