, 1879-06-25
WANT. TO GET OUT.
The Bohemian sharpshooters Aro Sick
Of Confinement.
10 Specific Charge Yet Dladt lgainat Thtm...
Donohuc's Condition.
Application to Judge, MoAlli:ter for q
Writ Of Haboaa Oornus.

| 'AAs ~ "A"bs3a ~SAtAas
| Tho case Of the Bohemian Sharpshootcrg, who
are still locked up, was set for 10 O'Clock Ia Tho
| West-sldo Police Court yesterday morning, but
| the room full Of men and women, mpaltY from
tho Bohemian settlement, Wcrc oottgct. 10 listen
| for over Two hours to matters In Which they Ind
no !nterest. rrosccut!na-A.torncY Cameron
md Harry Rubcns, thu attorney for the do.
,fense, wcro promptly on hana, md waited q
listtc while for d.. Starr, tho physician Of DON
ohue, hfs coming being tnonlentarily expelled.
Mr.. Cameron was unwilling to do any thing until
Ito found out the condition of. the wounded
mnn, siuce upon It depended the question Of bali
ur no bail. Tho Doctor, however, did not come,
nor did he send worl1 indicating the
cause Of his absence. Therefore, along towards
II o'clock, Capt, Hood tc!egrnphed tho Twelfth
Street Station to have him looked up. The
search mas successful, and
DIR. srARn
arrived ut tho Police Court about noon, A case
Of labor had detained him.
1to was at once sworn, md testified TINT
Dooohua was suffering from two gun-aho.
woi,uds,-one In ths jaw, and the other in the
chest, the latter being dangerous. His con-
ditfon was now critical, but there was a possi-
btl.y Of recovery. Who,hcr ho would 1ivo or
dtet however, the Witness couldn't Rtate.
On the cross, he said lle couldn't tell what
direction tic bull in the chest took. It mas not
good surgery to truce bali I'll the chest. The
chances wcro very mitch against recovery. W.T.
ness didn't knor what Vital part Nas injured
II the bali ranged UPWARD it might
be the liver; If downward, the
diaphragm. Tie fact tint Douohue
Was living vent to show that. no might live.
= fSef1 r I'm IND fHrn Thnrn
was not as much fever now as witness mould
expect, nor such constitutional disturbance Us
Indicated death. Donohuc was tolcrably robust.
II be continued to l!yo wcck' or two lonRcr
bullet or niantfcstng any symptom Of vital
part boIng affected io might get well.
"1en'tit propalle that, having lived so long
without getting worse, he may zccoverl'
~ wouldn't aaY that, because hc may be dead
before return to the house"
On the redirect, the witness stated that be
would be able In u week to tell more definitely
nbout recovery or dcatb.
Mr.. 1lubcns demanded information as to
THE CHARGE AGA1Nsr Ills CLIENTS.
hlr. Camerou said they were to be- held to
answer for the consequence Of their acts until
that consequence could be determined, which
could not ho done until It Has known whether
Donohue would live or die. Until llIat time the
prefer,--assanlt with Intent to commit nurtlcy1
Or murder II tho latter, the defendants ,yerc
not entitled to ball. II bud bccn stated That tho
defendants had rights. Hc did not knoW that IL
Was wrong to keep them In confinement. They
were not ehary Of other peoples rights. Do,il-
ohue had thu right to live. by m net Of The &c.
cuscd no was In his present condition, antl It WAS
not unjust to hold the defendants to see what
the consequence Of their act might bc,-'Yhother
murder or not.
Mr.. Rubeus remarked tf,at t.1cro was not
scntilla Of proof to show tiut Donohitc's conli.
tion Was due to any act Of the parties in Jail.
II,
them, 1t 1t was murder, they could not DO ad-
nlstted to bail. II the prosecution refused to
mako charge, the defendants were satisfied.
Mr.. Kraus, who 10 aaaistlnE Mr. Nubens, said
the defense only wanted to
KNOW THE POSITION THEY WE'RE IN.
Mr. Cameron enlightened them. Their clients
wcre CHARGED with shooting into crowd .n,l
wnuntffug Donohuc unl the prosecution could
not say whether he would lire or uto. Having
committed thu act, tho defendants must wa!t
until 1t could 1o found out what tho consc.
quence Of their act was.
Mr.. Rubens knaw OF no such charge in Law Us
shooting. What offensc had been com,ntstea
Mr. Camoron rc1oined that the charge was
shooting into citizens tndiscrinfnate'S aud hit
ting DoI1ohue.
Air. Rubans moved that tho prisoners DO dis
charged. but dlln't press tho motion.
The Justiee said t'era was no charge on tho
rognixance was what air. Cameron Ind stated.
Mr.. Rubens wanted sufficient examination
to bc had, III order to determine whotller tic
parties could bo admitted to bull or not.
Mr.. Cameron urged that tl!cre could not be
any examination until 1t was known whether
DonoElue would survive or perish. ua did not
propose, becaslso solne eighteen or ninutecn
persons were arrested, to- depart from tic l.s,nl
another there would b. no such motion,
but lo would tc held until tho result could be
nscertained. That Has settled law, and there
was vi, hardship in It.
MIR. Rubcns understood the law to be that no
citizen could be drpriyel Of his liberty unless
the charge agaiost him did not admit OF his
Nj: Cameron rcptntea what tic Ind previous
ly sald about the cllarGe.
might b. perfectly ,jlstliablc; 1t might hayo
been done III se,f1efcnsc
Mr. Cameron said the degendnnts
HAD IN THEIR HANDS LOADED n1rLEs,
and put themselves into form, nMl Deliberately
aMl tnalielo'ts'y fred upon unarmcl ri.tzcpE,
one OF MhoM WAS NOW In exircmfs, nt,ti II
couldn't bo told whether he would Hive or tse.
II that wasn't formal charge, he didn't know
what was.
Mr. Kraas remarked that some Of the prison.
ora were not Within halt mile Of where the
he held without ball. Even conceliig that
Donolnc was dead, be lnalntntncd that that fnct
ia itself was not sufficient to Justify the holding
Of any OF thu defendants Without bail. They;
were cuttt1el to preliminary examination 10
luA nut whether tho olehsc was murder or
mnl.slauchtcr, or II any crine whatever had
been committed.
Mr.. Cameron reIolned that the position OF tue
prosecution Wna nisapprehcuded. lis was not
serkng tn Investigate whether murder had
BEEN committed or not, or to see Whethrr tic
parties Hlostl bc held 10 bail ur s,uk. A t,an
had been ahnt by them. Until It could ho told
whether he would tire OF die, be tCamcron) re-
fusud to 70 Into . prelEmlnury examination, not
knowing whnt crime thu prisoners hau co,nmtt-
ted. Tho question Of bail could not be detrF-
n,intd until u was known absolutely whether
Donubnu would get we'll Of die.
Mr. Kra,Is couldn't tct why on alr. Cameronts
assertion iuuscen tnen coulu be deprived VI their
liberty without cllargg,
The JUSTICE held, however, that The condition
prsoncrs without ball until Tuesday morning,
July ].