, 1874-04-23

Judge WilhaunB delivered his decision ycBter-
day morning in Tho matter Of tho application Of
Paul Schooppo for writ Of haheas corpus. The
courtroom WIS crowded with spectators, most
Of thom more anxious to got O glimpse Of the
prisoner than to hear tho decision.
The judge remarked that le did not think tho
objection to tho suspension Of sentence well
talsen. He thought tho Court had power to BUS.
pond tho sentence, and also to givo aontonco,
oven after the term had gone by at which tho
party had boon tried Such had beon tho prac-
tico horo. Tho fact that tho prisoner had not
boon put under rocognizanco from day to day did
not mako any difference. 4 prisoner
under certain circumstances bo brought up md
aentencol on the previous admission OF his guilt.
He had himself mover suspended sontonco with
Wow Of having a prisoner rcarreBtca on the
samo chargc, but o sCourt would hayo such
Now, should this Court hold the prisoner in
custody with reference to ID Hentonee TO bo hero
ntter paBsed on him? In case a pardon had
been procured by q prisoner By fraud, Il had
been hold that it might bo rovokod, eyon though
the prisoner had nothing to do with it
himself, and tho prisoner could be rearrosted
and imprisoned. The roason Of the rule seemed
equally to apply whero aontonco had been aus-
pended.
Tho Court llad no doubt that tho suspension
Of soutonce was granted in this casc through
fraud, and 1t was evident that tue prisoner par
ticipated thorein. He allow led representations
to be mado concerning Ills character which he
know wore falgo. Tho facts showed TINT he WIS
charged with serious otfonse, and triod for 1t
in Germany, and 1t mRke1 no difference whether
he WAS convicted or not. After he ca.no horo,
Ao was tried for murder and found guilty. and on
cago and committed tho forgery with which lio
was charged, and also several others. Would the
Court hayo suspended sentence had ho known all
these fncts2 Tho Judge said it was tho grosscst
during tho time ho had boon on the bench. Aud
it was we'll known principle Of law TINT fraud
Vitiatea eYory transaction.
Again, # was eontonded that tho prisoner was
notn , fugitive from justice, g., and therefore :l he
ing to do with tho roarrost. Tie superior
Court Of Now York Ind tloAuod fugitive from
3uRtlce aA poraon who Ind accretly committed
q crime, and then, before it was discovered
sake Of gctting out Of tho way Of Justice, LOFT
the State. but supposing tho guilty porsot
lnew that ho hnd committed crime, know tlla
the crimo would be detected in all probability
nnd,. aftcr remaining Aomo months, wont t
q fugitive, because tho apprehension was t.
bo considered as driving him out Of tie State, Ii
the meaning OF tho law. The prisoner Ind con
net he eoud t perform liz id i douSoss 1 Sots 70
tho purpose Of concoaling his guilt, and huey
that there wero othor of1enses for which h
might DO Indicted. Flo know ho Ind cheated tn
Court; Ind ho no motive for leaving tho State
Did he not know that such fraud would yitiate
pardon? The fair presumption was that ho wa
fearful his fraud would bo discovered, and fo
that cauHo loft. The Court therefore though
The prisoner waa to no considered ~ fugitig
from Justice.
Ono moro question remained, as to vhothe
the prisoner hid heou improperly brought hort
Tho caee cited, that party could not bo II
yeigled here for tho purpose Of gotting him witE
In thlB Jurisdiction, only applied In civil case
but It did not appear in the prcsent instant
that any improper months had boon used. It III
not appear thas Mr.. Horwltz had any improp1
ends In view. 1lo was quite efficient III aocurlll
8chooppoa arrest, but somebody must take
upon himsolf to do such things. a duty doyolye
Oh tho community to bring criminal to justic
must bo assumed by some QUO, All
feeling about tho matter. It mnst 10 one VII
bud son!e fooling, otherwise nobody would ta!
tho trouble: No one paya for such work. lto
Wltz Ind ~ little f1ellnR 'RH any one could Aay
and Ae lad the right to do what he had dono
4. reference to tue ranrlest OF tho prisoner.
The Judge Rala ho was compelled to belo'
that tho prisoner waA very bnd man, and yo,
dangerous In tho community, md q thoroul
villain. Tho fact that l,o WAS talented made ii
matter worse. Tho application was thorefo
refused and the prisoner reMnnded.
Col. Jussen then aHke1 that Mr. Noed wou
hot tAs tuna at Hhloh he Houla move for 10