National Republican., 1883-04-10
BowEN,s nA1L nnNn.
Judge Smells Docislon--The District At
torncy 10 Issue nm Execution ON the
Dondsman,s Property.

Judge SMELLS DocisIon--The District At
torncy 20 Issuo nm Execution ON the
Bopdsman's Property.
The decision of Judge Smell in the matter
Of The sci. ia. against Edward Devlin bonds
man for the appearance Of Henry A. Bowen
witness in the star route jury bribery case,
was rendered yesterday afternoon. After re.
| citing tho facts. Of forfeited bonds so far as
the police court Is concerned which facts
were fully set forth in THE REPuBLICAN Of
Saturday morning, and saying, with uninton-
tlonal sarcasm, that in cases held for the
grand jury the bonds taken here and returned
to the supreme court, aud as no complaint has
reached this court for many years in regard
to this IL is presumed thore have been no de-
| faults" the Judge goes on to say:
"Ihis Is the first case in the knowledge OF
the court whore wltncsss rocognizance. has
failed 10 appear aud testify. = Tho
defendant denies tho jurisdiction Of tho court
by proper pleas which arc ovcrruled. The
principal ground Of the plea is that this Is u
court OF limited and not of general iurisdiC.
tion; that 1t is criminal court without civil
power that this proceeding Is In It's nature
civil, aud not being expressly provided for in
the act of juno Ia, 1870, establishing the
police court is beyond its iurlsdiction."Ts
The decision then analyses the act Of June
II, 1870, showing the right and power of the
police court to enforce forfeiture of bonds, and
says: First. II Is we'll understood that the
common law prevails here with regard to pro-
cess and practice in our courts unless modi.
fed by stature. Second. All tho authorities
agree that recognizances like the one in qurs-
ton are forfeited-in the courts where. thoy
were taken and that final process issues from
and is rcturnable to the same courts. 4 II is to
he observed that section 1851 not only gives
power TO do all acts which may bo necessary
N n eNa of ba AL diriin of ri
but also that IL shall have power to issue all
processes Because a court speaks and acts
by its processes. IL was clearly in tho con-
temptation Of congress that this act conferred
the power to forfeit for in section 107S IL Is
provided that all fines, penalties, costs, and
forfetures imposed or taxed by the police
court shall be collected on process
ordered by the cour. Now, since the only
forfeitures conceivable or known In courts Of
law are those occurring upon recognizances,
1t seems that the words shall be collected
on process ordered by the court eau refer to
nothing else than the usual process issued by
courts in similar cases Of forfeiture. Finally,
the act Of June II, 1870 establishing the
court does not provide any other tribunal or
process where such forfeiture can be enforced.
The conclusion, therefore, was inevitable
that the court had the power to grant the re-.
quest Of the district attorney, and the process
asked for by him was granted"
Dist. Atty. Corkhill said, in relation to this
matter, that he would issue an execution on
Devlin's property Tuesday, and request the
marshal to collect. Hc had given the defense
until then to pay or plead.
Mr.. Miller, for defendant. has filed his
plea.
Atty Gen. Brewster told a REPUBLICAN
reporter last night that he had directed Dist.
Atty. Corkhill to forfeit Devlin's bond and
take further proceedings.