, 1879-08-10
LOCAL CRIME.
The Notorious IaMOuntain Must
Stay at Joliet.
Another safe-Burglary--MoHugh Held tc
the Grand Jury.
An Ex-Detective on the RampaQe--
Petty Offenders.


Petty Offenders.
THE WARREN SEAMAN TRIAL.
| The case Of Warren Seaman, Doctor o1
Medicine, who was charged with the larceny
of $27Q from Mrs. Jennie Hachett
Of Rochelle, ILL.,, was called il
the Criminal Court yesterday afternoon.
The case was a peculiar and mucb-mixed-up
! one, and displayed great amount of moral
oblquity aud an Indefinite amount Of perjury
On one side Or the other.
The prosecuting witness testified that she met
Seaman in Rochelle, ILL.,, about the 1ss OF March
last, and that April 30 she came to Chicago
with him tor the purpose of getting married. The
two stopped one night ST the Eagle Hotel,
near the Chicago & Northwestern Railroad pas
senger DEPOT, and although she owned that the5
occupied one room and 1t was shown that Sea-
man spoke OF her as bis wife, she denied that
there was anything morally wrong. She said
that she was taken sick and that Seaman attend
ed her as physician. She claimed also that he
aosed her With chlorotorm, morphine and other
deleterious drugs, and that he stole S270 which
she had In a pocket IN her chemise-
Some excitement was caused in court by the
fainting OF Seaman's lawful wife while this Wit
ness was declaring how the Doctor made love to
her. It scanned that Mrs. Hachett accused Sea-
man OF the robbery at the time, and that he
made some excuse for leaving her, aud the same
evening started for Kansas, whence he was
brought back on reQuisition. Mrs. Hachett is
not exactly widow, but was married to d man
with whom she lived only three weeks, and from
whom she got divorce after he had deserted
her.
The defendant testified that he was practic-
ing physician and graduated in a Chicago col
lege. He said that he met the prosecuting wit
ness In Rochelle and treated her for an organic
1ai inf I'm ornty t,f[ hftttc CHI
said she was unable to pay. He cut the bill
down to $75, and she paid it. Then she said
she wanted to come into Chicago to consult
DR.. n. S. Davis and asked witness to come in
with her, which he consented to do. They
arrived too late to see Dr.. Dayis, and the woman
was taken sick: lie prescribed for her and
took her to the Eagle Hotel. There she made
violent love to him, und wanted bin to run
away With her He refused several times to con-
sent to this Improper l3 proposal sayins that ne
stealing her money.
Witness owned that he slept With the woman
at the hotel, but denied that be drueged or
robbed her. His trip to Kansas had been pre-
Viouslg determined on.
There was very little evidence outside OF the
statements OF the parties Immediately con-
cerned.
The arguments Of counsel occupied the entire
evening, aud 1t was nearly 10 O'Clock when the
jury retired, having received from Judge Tuley
leave 70 seal their verdict.
- NAPOLEON LA MOUNTAIN.
The habeas corpus case Of Napoleon La
Mountain, one OF the Reno gang of train-wreck-
ere, wos heard yesterday morning before Judge
McAllister. According to the petition, he is in
Joliet, having been sentenced to States Prison
BY the Circuit Court OF Madison County, and
he claims bis detention Is unlawful. 1t seems
that on the 20tp Of October, 1871, La Mountain
was sentenced to eight years IN the Penitentfary
for robbins train on the Chicago IL Alton
Road. He broke iail the day Of his sentence
and went to Michigan, where he committed
burglary, was tried aud sentenced to
eight years there. This term be
served out, and was released in August
1875, bis good time having lessened the eight
years. On his release he was Immediately ar~
rested by the Sheriff Of Madison County. who
wanted him on tha first sentence, and it Is this
imprisonment which Is claimed to be Illegal.
The sentence directed that be should be aon-
6ned In the State penftentfary at Joliet for the
period Of eight years from this date {Oct. 20,
yers, Breckenridge & Son, claimed that the
Judgment was erroneous because it fixed the
time from which the Imprisonment should COM
nencc. that the eight years from Oct. &C, 1871,
have elapsed, and hence he cannot be legally re-
At first the parties stipulated the facts, and |
argued that the Judge should only pass on
the question Of law as to whether the prisoner !
was entitled to be- discharged on the ground !
mere lapse of time, or In other words whether !
be could take advantage Of his OWN wrong. |
The Judge said he was surprised at the coun- |
sci agreeing to Stand b. this stipulation Is to
facts, for it vas well settled principle OF law
that the time prisoner was at large after IN |
n he deducted from thh fitnp nf hin |
sentence. The stipulation did not raise the |
question OF the error OF the Madison County |
Judge in making the sentence commence from !
Jay certain, yet that was the only ground on |
which he had issued thu writ !
Mr.. Truue then concluded that he had better
stand by the record and not BY the agreed facts.
Mr.. Breckinrdge then went on to argue the /
point Of the effect Of the error Ut the Judge in
king the date OF the commencement Of the |
sentence. He claimed the Judgment must /
stand, md according to that, the eight years,
ess the good time, had expired, md La Mount |
lin Was entitled to his liberty. Jail-breakiur
vas only misdemeanor. Heaso claimed ri,at
he prisoner was not present during part Of his
rial and before sentence broke JUL. and 1t was
:rror Of :he Court to sentence him when be was
lot present.
Mr.. A. s. Trude appeared for the People, or
lie Chicago s. Alton Railroad, which is resisting
hc application, aud be claimed that u man who
lad defeated tile judgment Of the law b. escap-
u. from the Pcnitcntlary. or Jail was n1t en- |
tiled to be relieved FROM the punishment fixed
gainst him bY Court OF competent jurislic-
ion. II he had been tried, found guilty, antl
he must pay the debt that he owed |
he State whose laws ho had outraged.
Judge AcA!listcr decided that thc object Of
ii criminal prosecution was the punishment of
he offender agutnst tic laws Ut tho State, /
nd that, US La Mountain had been tired,
ound guilty, and sentenced to tho Pcnt-
entiary to suffer the punishment Of
light years. Imprisonment, nothing short
# the actual intlictiou OF the punishment pre-
crlbed BY court Of competent jurisdiction
Touid satisfy the demands OF the Inv. While
here might be some technical errors In the
ecord or errors sufficient even to warrant the
eversal Of the case, yet to authorize an absolute
discharge OF the prisoner the proceeding. must
ave been void. Tha: was not the cnsc in the
resent instance. md as the relatur BIZ his own
onduct defeated the Judgment Of tue Court
hat sentenced him, ho could not escapo tho
lst Judgment Of the Ian. The petition would
therefore, be refused and the relator remanded.
Pr min Inff hnt I |