The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1876-06-04
NO.27.5 5
MoT1oS y To DISMISS AppHAh. t4.I.,.

i The Library Doittt publishes tlls f6i.
lowihgi which explains itself: 'l "
In Sapfcmo Court, M6iitand TtfrItorSy;
january Term. A: D.; 1876. 8.
United Shies, IIdihhg qnd RIpsideA!,
US John B: Smith, Defendant and Apptl:
liant. 10 40 za3 .;i u sg go y 1f' -,
REsroSpESr's PoiiST1s on Mor1oS TO D1s=
..t'ii .- MISS APPEAL. II aeag 5.ifl5 3 80
Defendant was convicted iA the Thifd
District Court of selling whisky to. In=
9ians, but escaped from. jail before SOM
tence was passed upon him. His nttor=
which wns denied, whereupon he nt3:
pealed to this Court. 5sI.~ ~..rE.H.
Tie respondent moves to dismiss tho
appeal oil the following ground: That
no final Judgment has get bten rendered
In the coult below. gi.j sin.g..,s
The court has 10 jurisdiction OF this
case until tiG rendition Of final jndg-
ment and the bringing tip uf the whole
record. (l0 CAL, SOB; 10 CAL, AZ; IL
Calls SIS; 90 CAL, 40l.) Is e,t5s IN
The appellant lids isniled himself, Of
tiiat species of bail, knowii iii c3mmon
parlance ns ''leg-bail." tho forfeiture OF
which brings the Government no reve-
nue.. He has gone to tho Indian coun-
try. from whose bourne no traveller re-
tusps virtuouB. ahd but few rich.
His inconsitlernte departure has de-
priyed the court OF chse, tho United
States Of guest and his counsel of d
client. A-.4.a5 fT.r .gf;..,..st. f.s
1t is n presumption Of INV that Shen
an attorney ontcrs nh Appearance he iS
duly authorized TO do 80; but that preS
sumption is weakenud when n client
abandons his case before its termina-
tloh, md that. too, in such unsecmly
haste rs to neglect tile parting civilitits
which obtlin nmong gentlemen Of good
brecdings as. ',s.I "a. tgG-Ge Get',f,i
This is serious case-for the United
stGtes: The presence of appellant is ress
pectfully, bnt tarnestlyi solicited. Let
the wnndercr return. Let him cease to
prefer tho llnrtlships of tho prairie. to
the home.comforts OF the Pcnitentinry.
His cnse III the District Court can theii
be happily terminated, lind lie will be
snitnbly rewarded for his trouble. 'sEai
AS 1t is, the pleasure which the court
would experience i'll herring and de-
ciaing this cnse, will be cl Iuded by an
unwelcome suspicion that its judgement.
will not meet with prompt and cour-
teons obedience: ,i.rIl#t 81, ,,.-..,., j(;.,
The persistent qbseiice Of appellant IL.
waiver Of I'LL elhliti to n heN ltial, and
besraYs a lGck Of interest in judicial
proceedings.
There is no equity III atpeliuht's
case: His indiscrGtion iias Hot only
proved embarrassing to the court, but
hns retider6d Tile Marshal aIi his tlep-
uties the jest Uf tlit &ofldly-minded;
who continually ask: "Have you heard
from Snlith?'' g7,''asI $40 3 "
Equity follows tho law dild Tie law
follows Smith; but unhappily Smith
has the percentage Of nm early start,
md more intiinat6 acquaintance will
the tOp6grapby Of tho country. .,iU#
This cnuse should be dismissed and
sent tu the district court to await de:
fendant's appearance. In that court
no left tho case, md HIcre he will con-
fldently expect 10 find il on his returns:
Al; @. PAGE, U. S.,Dist. Atty.