The daily Argus., 1875-08-30
IIV6T db IdsU Us pUSSIUIt,
THE BOND.
STATE OF ILLINOIS,


lersigned, Elton g, Cropper and Samuel F, Cooke,
TWO justices of the peace in and for said county,
Walter Benson and Hugh P. Muldon and Jointly |
and severally acknowledge themselves to, are and
be indebted unto the people OF the state Of Ill nos
In the sum of six hundred dollars to be levied of
their goods and chattels lands and tenements if de-
fault be made in the premises and conditions fol-
lowing to w.t.
WHEREAS, the above bounden, Walter Benson was,
on the l1th. day OF August A. d. 1875, examined
by and before Ellsworth Mapes, justice of the
peace in the county aforesaid, on charge of lar
ceny committed at the postofice in the town Of Mo-
line, in said county. on said day, and upon hear
ing the testimony of all the witnesses present hey
having been duly sworn)was adjudged and required
by said justice give bond required BY the statute
in such case made and provided, for his appear
ance to answer to said charge Now the condition
Of this recoguiZance is such that if the above
bouud Walter Benson shall personally be and ap-
pear before the circuit court of said county the
first day of the next term thereof to be holden in the
court house in the city and county Of Rock Island
on the first Monday of September next, and from
day to day thereafter until discharged by order of
said court, then and there to answer to said peo
pie of the stale of Illinois on said charge Of larceny.
and then and there answer and abide the order and
judgment OF said court, and thence not depart the
same without permission, then and i'm that case
this recognizance to become void; otherwise to be
and remain In full force and virtue.
Witness our hands and seals this Ssth day Of
August A, D., 1875.
Taken. entered into, acknowledged and approx
ed before us
this asth day of August 1875 Maeh MaeT gsniGo MnSon
E. C. Chopper, p.
Samuel +. Cooke, j. P.
The above bond having been given as required in
said case the sheriff will discharge the said Walter
| Benson from his custody.
Augustus, 1875.
&c. CRoPPER, J. P.
SAMUEL F. CooKE,J. p.
The two justices have probably been
badly fooled, and the bond is probably
worthless,as we will make tolerably appar-
rent before we close.
An ARGUS reporter called on Magistrate
Cropper and asked him to show the law re-
quiring him to accept the bond. He could
not show any such law, but said he swore
the man and he testified that he was worth
$4,000. perhaps $4,000, etc. When
asked if he notified the States Attorney,
or any one for the people, he said mo. u
He said ''he told Cook, as they came out
that he guessed that was straw bail. If he
thought so, why did he accept it.
The reporter also called on Justice
Cooke, who said he thought they had 9
right to take bail; that when the mar
| (Muldon) swore he was worth between
$4,000 and $1,000 he thought that was al
the evidence needed; that he knew moth
ing about Muldon but he thought they
were obliged to take his oath. Wher
asked if he notified the States Attorney
or any one for the people, he said mo.
didn't think it was necessary"
|. The law in regard to the matter may b,
found in Division III Of an act entitled
Criminal Jurisprudence" Revised Stat
utes of Illinois, and is as follows:
| sc. RECoGNIzANcE OF PRISONER IN VACATION
Where any person shall be committed to Jail on
criminal charge, for want Of good and suficien
bail Except for treason. murder other offens
punishable with death J. or for not entering into
.eeogni5ance, to appear and testify any Judge
or recognizance In vacation, and may discharg
such prisoner from his imprisonment.
81. SUFFIoIEScY OF BAIL.-Each of the bal
shall be worth the amount Of bail expressed in tn
recognizance over and above the amount exemp
from execution, but the court, judge justice of th
peace or officer, in taking bell, may allow NOR
: than that expressed in the ree0guizance, if tn
whole qualification be equivalent to two suffcier
bail.
IS. PRooF OF SuFFIcIENcY OF BAn.-Th
court, judge, justice of the peace or officer Way ez
anime the bail, on oath, touching their suficiency
and may receive other evidence Tor or against th
same, IN such manner as they may deem proper
According to the law the justices mus
. require ''tloo good and sufficient bail
each of whom must be worth the amour
0 of the bond. They did not get one.
1t will also be seeh that the justices ha
the right to require other Evidence tina
that of the men who offered to sign th
bond, and in such qaunner as they sa,o f
These justices have made fatal mistak,
: There was no necessity for hurrying th
. matter-ercspt for the bengfs Of the priso'