The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-05-22

Ihe writ OF hGbedS corpus Issued in this 1
case was upon the petition OF the prisoner
alleging he was illegally detained by the
marshal Of the Western District Of Virginia,
commanding the marshal to produce the
person OF the petitioner, and to make re-
turn thereto of the cause Of said Parks's /
capture and detention. The marshal has /
made return that the prisoner is in Jail in
Harrisonburg, Va, in his custody, by vir-
tue Of q naittimus Of The District Court of
the United States for the Western District
ing. Here follows copy OF anittimus.] j =
THE PETITIONER ALLEGES, ,stss :. 3
however, that the court had no Jurisdiction |
to make such q commitment because he was
charged in the indictment mentioned there
in with an offence which the District Court |
of the Western District had no jurisdiction
to try, and that its Judgment upon the ver-
dict rendered upon the Indictment is abso-
lutely void, Il
Tine petitioner produces the record OF the
proceedings in the District Court in his case
In support Of his petition and in response
to the marshal's return.
The Indictment is drawn under section
5,419 Of the Revised Statutes, which pro-
vides that !" every person who forges the
signature OF any judge, register, or other
officer Of any court Of the United States
for the purpose of authenticating
any proceeding or document" shall be pun
ished in the manner prescribed in that Sec
ton. "E. "S7i :.
THE INDICTMENT. ~; =. B..
has three counts. The first charges that
Parks "did forge the signature Of G.. Doug
las Gray, register in bankruptcy for the
Sixth Congressional district Of Virginia, to
a certain receipt, which said receipt is in
the words and figures, to wit: i'.'. :.
=" az "HARRIsoNBURG, July 80, 1875. i
!" Received of..J. D. Martin by r. S.
Parks, his attorney, the application with
ruptcy of said Martin; also, fifty dollars,
amount OF requisite deposit, 49,.
80 &c. DOUGLAS GRAY, Register.
"He, the said Richard S. Parks, having
committed the forgery aforesaid for the
purpose OF authenticatlng the commence
ment of proceedings in bankruptcy in the
case Of J. D. Martin. of Page county, in the
State OF Virginia.
The second count varies from the first in
alleging the purpose to have been "the au-
thenticating a proceeding-to wit, the
filing of the petition Of j. D. Martin in
bankruptcy"
The third count sets out no intent or yEsr-
pose.
The indictment appears, therefore,
s. TO CHARGE L CRIME
in the words OF the statute, which is uni
formly held to be sufficient, unless there be
some ambiguity or technicality in the Ian
guage of the statutewhich it is necessary
to amplify or explain an order that the party
charged may be certain OF the offence with
which he Isl charged If it be an offence at
common, law, the Indictment must set out
TIE elements which constitute that offence.
| It aDpearsto me that this Indictment, upon
| its face, charges crime which the District
Court had itlrisd dictlon to try and determine.
Whateverlthe facts may have been, the in
dictment, whether trHle or false, charges an
| offence whleh is prohibited by the statute.
! It charges that he forged the signature OF
| register in Bankruptcy who Is the officer
of the District Court, and that he Gsd it to
authenticate proceeding-Which is all the
statute requires.
But the petitioner alleges the paper set out
| in the Indictment weuld not authenticate
any proceeding, and THAT even If he had
used the paper for
THE PCKPosE
set out In the indictment it would moi have
had that effect and that in fact there were
no proceedings in bankruptcy OF j. ID. Mar
tin, and that he could have had no such pur-
pose. -.........-
But these are facts to 60 to the Jury to
show the intent and purpose necessary to
constitute the offence charged, and have
nothing to do with the jurisdiction OF the
court. The jury has found the fact against
the prisoner. and we are concluded by that
| verdict.
But supposing the fact to be that the
statute REQUIRES that the paper to which
the signature Of the officer is forged must
be- a paper which by law he is required to
make and sign in the discharge OF his official
duty, and that though this in fact is not
such paper the District Court determined
that 1t was, is this more than error IN the
court, and can Judge OF the Circuit Court
review the errors of the District Court on
habeoS corpus?
NV opinion is that the indictment, by its
language, gave the District Court iurisdlc-
ton which, once having acquired, no error
in its proceeding can be reviewed upon
haJeus corpus, and the party will be re-
manded to the custody of the marshal.
AN ORDER WAS ENTERED
accordingly by his Honor Judge Bond
directing "that the said r. S. Parks be re-
manded to the custody of the marshal for
the Western District of Virginia; and it
being suggested to the Court that the said
petitioner desires to enter an appeal, or to
make an application to the Supreme Court
Of the United States, or one OF the justices
of the same, for writ Of babeaS corpus or
other legal proceedings in behalf OF
said petitioner, the Court orders and
directs that the execution OF the
sentence in the said case OF the United
States cs. Richard S. Parks, entered
in the District Court OF the United
States for the Western District of Virginia,
at Harrisonburg, Va, on the 4th day Of
May, 1876, be stayed for the period Of forty
days from this date, and that copy Of this
order be sent to the marshal fer the Western
District of Virginia.
EAnd it is ordered that the marshal re-
tain the said Richard S. Parks in his Gus
tody mean time, and that at the end of the
forty days above specified he execute the
sentence Of the District Court unless other
wise directed"
WeSDRegs JOURNEY OF THE PILGRIM
The panorama Of the Jeurneyings of the Pill
grim will be exhibited at the Theatre this
week, commencing tonight. The manager
claims that 3 it is mechanical, moral, and in
tellectual, and addresses itself to every part
Of mans constitution, acting through his
senses upon his imagination, through his
imagination upon his reason and his heart.
ssHe who Boiild see fixed upon canvass
the sentiment of religion, or the glorious