Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1878-05-28

In a hdbeds corpus case heard by Judge
Lo0wood, OF the criminal court, the following
learned and elaborate opinion was rendered
yesterday:
State Of Tennessee u.s. Nancy Sidney on trial OF Ia
beLs corpus:
The petitioner was committed to the
workhouse by justice OF the peace on q con-
viction for assault and battery, and also to
keep the peace for six months, on the twenti-
eth of March, 1873. She is in the custody of
the lessees of the county workhouse on both
nittiHHses, and the returns of w. M.
Forrest, lessee, shows that he claims TO hold
her under the mittiniuS on the assault and
batterery case until she, as convict,
works out, pays or secures the full fine and
costs assessed against her, which he claims
land the transcript of the fine and costs de-
ivered to him when he received her at the
Jail amounts to nineteen dollars and thirty
five cents, including the turkeys fees and
jailer's fees accruing after conviction .andj up
to the time she was delivered to the lessees
of the workhouse, which amounts to four dol
lars and forty cents. The law does not pro-
vide for turkeys fees in cases of
persons convicted and committed to the
workhouse. The Jail of Shelby county is the
workhouse, and the moment convict is
committed to the workhouse ne IS entitled to
an allowance of twenty-five cents a day from
that day and no lailer's fees can be charged
against him, for he is then a icOrkhoHse con-
pict and not a jail prisoner. The amount of
the turnkey's fees and Jail fees flour dollars
aud forty cents) should be deducted from the
nineteen dollars and thirty Ave cents, which
leaves fourteen dollars and nInety-ive cents,
that, under her conviction, this petitioner Is
bound to pay, secure, or work 1T out IN the
workhouse. The return shows that she is
entitled to a credit of fitty-nine days from the
date of her commitment to the workhouse to
this date, at twenty-five cents per day, from
which it will be seen that she has worked
out the amount of fourteen dollars and sew
enty-ive cents, which leaves the amount of
twenty cents yet to be paid, worked out or
secured. When this is done, she will be en-
titled to her discharge under the nrittimns in
the case of assault and battery. But the re-
turn shows that the lessees of the workhouse
hold her under a Dlittinns which commits
her to the workhouse, and that they are en-
titled 10 hold her until the six months from
the time of her commitment expires, or
until she gives bond TO keep the
peace. am OF the opinion that
person who Is committed to jail, upon failure
to give bond to keep the peace, can be re-
quired to give security for the expense of
feeding him while in jail and turnkey fees;
and, upon failure to give such security, or
paying for his own food while in jail, he can
be made to cork "a the jail as a workhouse
prisoner, but it is not lawful TO send him to
the lessees of the workhouse as a c0nrict
The county court has no power to lease his
labor out for the purpose of reimbursiDg the
county for feeding him, nor for the costs Of a
proceeding under a peace-warrant. Under
this view Of the law of the case, the prisoner
will be entitled to her discharge under the
,nittimHs in the case of assault and battery
when she shall have paid in money or labor,
or secured according to law, the sum of twenty
cents which is still unpaid. But w. NJ.
Forrest is directed to deliver her to the jailer
of Shelby county under the mittimus in the
peace warrant proceeding, to be held by him
under said DiittinIUs until the six months of
time mentioned therein expires, or until she
gives bond according to law to keep the
peace, the bond 10 be in the sum of two
hundred and fifty dollars.
T. H. LOCKWOOD. Judge, etc.