, 1875-11-27
SHERIFF ACNEW.

In The TRIBUNE Of ThuradaY attention was
called 10 4 complaint which Was under invessiga-
tion BY tho Grand Jury agatnak Sheriff AgnoT,
charging him with allowing Michael Mad4en, q
prisoner confined in the Jail under rentenoe, to
be At largo On olecton-taay. IL was stated that
the ovidonce a. to the fact OF Maddents being out
Of 1all uoon the day In question Was conclunire.
and thu. The only question remaining in the dis
position Of tho caso 1As . legsl ono rs to Uheth.
OF tho orsnse came under tho civil Or crinioal
statutes.
Tno nrst polut to bo settled nas vhethcr Soc.
2o8 Of tbs Criminal Cojc had bearing on tho
oAso. and whether Or not ho could bo Indicted
under T.. The secsinn provides that whcro nc
special provision shall havo bcen mAde for tbe
punishment" OF snch crime, tbs ponas,y shall
bo ane or removal from Office. Jud9o Jamesut,
Grand Jury, yesterday informed that body that
the sectlon 10 quostiou wAs without application
for the reason that Especial provla1on hAd bson
made BY statute for tho o!feuse of nalfoasaneo
alleged against SLcrff Agnew. Ho referred the
Jury to &c., %, which is NJ foilouB:
Ifsny Sheriff, peput..saeriH, cosoner. Jail.r, q.
other ofnte., thaM 1lAMhn!cntJ contrisn, procure
conceal aid connye at otherwise voluntarily suffer
sa1ist any canvet After he has eacared he shall b.
imrrisoned tn tho Poatentazy not leas than ono
moro than two JoArs.
The Court construed tho uo1d "-scapo" In
this Bection to apply to tho absence of prisoner
from jul for any causo, except legal one. and
that It was not necessary to establish ~ " or
cape" 10 show that 1t was through negligence,
for the common law presumed AZ much.
Tho opinion OF tho Conrt WAS pondo.cd over
by tho Jury. and, while discussing it. tho ques-
tion Of whether tho word voluntarily F" ID ths
sectlon roferFed to implied that tho Sheriff must
bayo a personal knowledge OF autl " eacapc "
w1a raised. Ia other words, there usa doubt
in tho jury's mind whether it was neceasary.
nnder the statute. to make the Shorsff criminally
liablo. to proTe that tho bhstjH kaon Of, Aud
consepted to. tna escape. This Inter nnestlon
was subnitted to tho Court and The States AZ
torney, and nc sohwcr is expected this morning.
was mads by thb C,tizsns' Association. Tho
out Of iah on nseetton-iaY, aud that nc bad pro.
youely been tried and consictod OF committing
III aasantt With intent to do bodily injury upon
4 hr. 6tadt, i lumber merchant. lis achtepce
vas fixed }uas before tho s.,ost!on At alx nontha
in tue JAIL It further Appears that ho was not
only At liberty on cIeo'lon-day, bur that he voted
early and often in tho Efghteenth Ward.
A reporter Ind oonYereation with 4 repre-
sentative Of the Cltlzaus Assoc.st:on yesterday.
lie eatd+ uoon being informed nf tho oplnion OF
tho Court hsrt referred 70 above, TINT the Aaso-
ci3tion was tn possession Of counter opinions,
aud la the couteo Of lia remarks tnsimated tnat
he feared tho tnEY was inclined to quibblo In the
matter. lie further iut,caatcd that tho case ot
ad IL was disposed oi, othor and similar COM
plants would be made. Tho charge 10 tho Mad
don case ia very aerious one under tho statutes.
and the disposition Of 1t 10 affecting the future
OF tho Sheriff will be looked to WITH tLe deepeat
iutofoet.