New-York tribune., 1878-02-14
LOCAL MISCELLANY.
ROBERT l.. CASE TO BE BAILED.

IL
JUDGE DONOHUE FIXES THE AMOUNT Al, SZo,oou.
The application of Robert l.. Case, the pres
fdent of the Security Life Insurance and Annuity Com
pany to be admitted TO bail pending his appeal was
heard yesterday. by Judge Donohue IN the judges PIT
vate room, at O'Clock in the morning Mr "lhheiq
and Agernon s. Sullivan appeared Tor MI case, ana
Assistant DisuctAorney Rollins for the people MI
Sullivan said he would simply state the iacs-that the
prisoner was convicted November. that there was
stay OF proceedings and then, account OF the public
excitement he remained for some months in prison. al
though nearly seventy years Old Now it seemed to MS
counsel both right and proper to make this application
He supposed 1t one which would commend itsen 10
the favorable discretion of the Court
Mr.. Rollins said: 81 feel IT my duty TO oppose this
application, made 1t is and supported or rather un
supported, il is by any That the Court mas
the power 10 admit Mr. Case TO ball. there is no doubt
But on the other hand, ii is not contended that IL Is
matter of right of the prisoner that he should be admit
ted TO bail IL is "a matter of sound discretion ior the
Court The against stay OF proceedings Apply
with even stronger against admission 10 bail
To grant either Your Honor must be satisfied IN your
own mind that 1t is probable that some error mas Deeh
committed on the trial which will entitle the pris-
oner TO a reversal of his conviction. The counsel
for Mr. Case has not deigned to give any
grounds for his motion There was a very careful
trial The charge concededly impartial The District
Attorney gave what substantially stay to present
any grounds for new trial. motion for stay was
argued length before Judge Davis who denied it, Civ
ing a written opinion. The application again re.
newed before Judge Brady who denied it, giving his
written reasons. and then Judge Dykman granted the
stay without giving us any reasons do not desire 10
trcise Judge Dykman's action, but only say that TWO
Judges have decided substantially against this applca
ton. do not suppose Your Honor has heard or seen
those opinions but here are two against one ana yer
counsel asks against them without presenting ms case
as matter of favor the enlargement OF tins man.
Such a rule might well work general jail delivery.
This tired last November. To hasten the
preparation of the case for the General Term, gave
I'm d exceptions.
was settled time for tEe January General Term.
Judge Brady. matter of taste having tried the very
Lambert preferred not TO sit in review OF
this, and Judge Davis, having tried il, disqualified
But Your Honor and Judge Lawrence were there. ana
took their places. and you ememDer, the argument
District-AtOrney pressing the argument AT once. iad
heard then, IL might well be that TINS very day
the General Term would have given Its decision"
Judge D0nOhue said: My idea is that criminals nave
just much the rights lar the law leaves them as
those who not convicted. TINS prisoner was con,
vcted and sentenced to five gears nprlsonment ana
The prisoner entitled TO have his appeal 10
have the questions involved in his conviction passed on
and whether he is convicted of which the public
dislike he considered mere. TO Keep him III prison
now is simply punislng him for taking an appeal, 10
which whether bis convection II affirmed or reversed lie
prsoned three and then bad to serve his Whole
Term. must assume that the Judge WHO granted the
looked into the bill and found there some proDaOe
error before he granted the stay" .
MI. Rolus- You will remember that tits by no fault
of prosecution that his appeal has not heen areHY
submitted 10 the General Ier but on The request VI the
q Judge Donohue-" That does not answer the ques-
tion that to keep him in prison pending his appeal Is
Jenghenmg Ills sentence. the Appellate Cour; cannot
diminish his sentence in consideration OF it,
Mr.. Whitfield" That settled in the stokes case"
Judge DOnOhue said with regard 10 the amount Oi Dail
he would be guided by the precedent OF tie Genet case
and Fix II at $4,000.
Mr. sullivan said Mr. Cases friends at Newburgh
would to be called and the bail could not De
given once.