Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-07-26
STATE REFORM SCHOOL
Writ Of Habeas Corpus for the Release Of
Patrick McDonough-Hisfory OF the Case
and Issues Involved.

Writ Of Habeas Corpus for the Release Of
Patrick McDonough-Hisfory Of the Case
and Issues Involved.
The recent action of Judge Dickinson Of
the district court for Blue Earth county, in
refusing to allow the return of the boy Con-
tine, escaped from the State reform school,
on the ground that the commitment of the
boy was illegal, in that the sentence fixed no
definite term of imprisonment, and that the
boy had already served the full time fixed by
the statute for the punishment of ofenses of
the character of which he was found
guilty, raised An important question
as to the status of the reform school, and
as to the extent it could be used in the pun
ishment of crime by minors. Fortunately
for the good of the institution, case has
been promptly made through an application
to the State supreme court, yesterday, by
Messrs. Mead g. Thompson, for Mrs. Ann
Mod Donough, for writ of habeas corpus, re-
quiring Superintendent Riheldafer to pro-
duce in court the body of her son, confined
in the institution, and show cause, if any
there be, why such boy should not be dis
charged and restored to his mother.
It will be remembered that on the 4th of
October. 1879, the warehouse of 0. McFar-
land was robbed of a quantity Of cigars,
valued at $35, making the offense grand lar
ceny. Subsequently Frank Donnelly, Tim
othy MCCARTHY, James Connolly, Bartlett
Connolly and Patrick Mel Donough, all minors
between the ages of 13 and II years, were
arrested for the robbery, for which an in
dictment in due form was found on the 18th,
the prisoners pleading not guilty. On the
18th, by permission of the court the boys
were allowed to amend their plea of not
one of guilty of petty larceny,
of his companions were sent to the reform
II years old, was fined in the sum of $25
petty larceny.
In the case of Patrick McDonough,
in which case the application for writ
granted yesterday, the sentence of the court
was in the following languages: "The SEN
tence Of the court is that you,
the guardianship of the board of
managers of the State of Minnesota reform
school during your minority"
Donough, has been confined at the reform
school for the period of nearly year, while
q companion in his crime, simply because
of his having arrived at more mature age,
was permitted to 60 free upon the payment
of a fine of $25. Mrs. McDonough, in her
petition to the supreme court, that a writ OF
habeas corpus issue, sets forth that she is
widow, and is deprived OF
the assistance and society of her child
who has already been detained in custody
for greater length of time than is pre-
scribed by the statute for his offence and
that the sentence of the court is illegal and
void, for the reasons
First-Because the term of the sentence is
for an uncertain length of time; and
Second-Thst the law does not permit an
individual to be incarcerated for the crime
of petty larceny for longer period than
one year.
The points involved in the case are very
comprehensive. and seem to cover the whole
ground of commitments of minors to the
reform school for offences which, commit
ed by adults, would subject the perpetrators
under the statutes of the State to nominal
fine, or imprisonment for period of time
not exceeding one year, or both, in the dis
cretion of the court. The decision of the
court will be watched with interest by our
people generally, and especially by the re-
form school management. The writ OF
habeas corpus is made returnable Thursday
next, the Goth inst.