National Republican., 1883-04-07


and uninCumbered by deed Of trllst mortgagei
judgment or otherwise: that ho Is Not surely noq
responsible on the bond or rocognila lanco of any
person whatsoever, and that he had not recelNcq
been pro@ised any ana does no Spect to rel
CCivo any as consideration, in whole or in part
for becoming surety for the said felndant'
This cath is taken by all bonds Inon in casc4
that go up to the criminal fronl the policd
court On Aug. 25, 1881, O. s. II. Wall went
on tho bonds Of Frank Ringgdld charged
with cruelty to animals. The anlount of thd
bond was 500. Sept. % tho recoglnizance wai
forfeited. A bench warrant and a Isci. fa. werd
issued oct. Is. The bench warrIlnt was rel
turned not to be found :" the sci IA. was rel
turned rs against Binggold "nNb" against
Wall " sciro fcci that Is to say, was served
ON Wall. On March %, 1882, a at was had
against Wall, and on April 3, 1st2, n H. Jdl
was issued against him. April I the 4. tdI
was returned "nUld bona that 4 to say, hd
had no property that was free, un0 0lcumbercdl
sud liable to execution and yet tihc tenth of
October following QSs2) o. 81. b. WALL
mud Amanda Wall gave bon lds in thel
case of Michael Foley, docket No. li7l5I
Prior to the last date Wall bccamr surety iorl
George II. Holster, case t3,3ss. lwhcre thoI
bond was forfeited July 1; ; forfeiture sctl
aside July 6; again forfeited Slpt. 20, and
sci. fd issued, which was returned asI
served against Wall. There is no furtheil
record in this case. The writ was icrvcd and
apparently everything beyond wal dropped
Tho process against Wall showS that thd
criminal court not only has tho right
but uses the power, TO forfeit bondd
and TO attempt mt least I'd COLLEGE
the amount of forfeitures But this right ha
been exercised soscidom in the past few yoar.l
that, unless it is revived, 10 will fall into dis1
usc, and by prCscriptivo custom n loondsmali
be enabled to snap his fingers at AMY thought
or threat of executing the pcna Pty oil hi7
bond.
From 1876 to the present date. of thc bonds
forfeited in tho criminal courts there havd
been 1l3 instances whore tho torfciturd
has been set aside Sometimes p4ymont OF
costs has been ordered but not oftoH In thd
great majority of these cases the accused waI
finally put ON trial, but often only after long
time had clapscd FROM the date the lIOndsmaiI
agreed he should appear. In some bases thd
bondsmen brought him, in most of the otheri
tho court officials had the trouble. ID
would have saved clorl, and marshhl fees ii
no bonds Mt all had been taken, bua tho ac1
Cuscd allowed to go free until his trial camd
OF, without tho useless and cumberb bOme ini
torposition Of the reCoguizance.
OF forfeited bonds where the writ bf sci. fdl
has been issued aud returned nihH, tbat is NOT
served on the bOndsmen, there have pccurrodl
between the dates mentioned abovel 36 Nd
further record appears in the cascl OF thd
forfeited bonds, where no further acl ion was
talion beyond the simple calling of fdrfeiturd
there have been 10. And of the casds wherd
eel. fd has been issued sbut nothingI furthel
done, not even an attempt TO serve, Ijudgind
from the record, there were IS cases. Besides
these 21O cases in the last six years wi here the
bond has been a farce and mockerE, therel
are many cases where "a bond was giHen, th6l
accused failed to appear and no actionW jwardl
forfeiture appears on the record, " manyI
cases. the sci. ia. is returned against th1 surety
stIn fhp nPpugpH nltprusn ri al annrabppdpu umOl
the forfeiture theroupon set aside Ihese
cases are not included in the numbdr giverl
above as "foricitures set aside" 1t3. In
some cases, quite large number, the ST. ia, on
II forfeited bond is returned feci, 1hat ISL
served, but no further action whateyed seemI
TO have been taken.
The following cases in addition td those
already cited, are but few of those bn the
record. To give q continuous or compl etc list
would require u book:
A.C. Richards, bondsman;
In cases on docket No. 1862 for Al
Woodward, accused; bond forfeited FebI
%, leSl sci. IA. served on surety. MARCH,
TO- bench warrant against accused rel
turned Not found.' No further recodd
No. 11,l37, G. l.. Brott forfeited DEC. 81
1851. No further record
Thomas Robinson, bondsman:
Case 1889, Thomas Biggins, bond fo4feitedl
May 2S, 1881. No further record.
No. 14,0l3, Lewis Coyne, forfeited Feb. IL
1882 sci. ia. issued April 10 returned "bhH.'
No further record.
No. 1856, Henry Rollins, bond forl lseitedl
and sci. ta. issued Oct. 49, 1882. No htrthell
record.
No. 14,1ss, John skirvington, forfeito JAM
23 lse2; March bail piece issued to Aobin1
son. No further record.
w. p. Wood, bondsman:
No. 1883, Jos. Graves, forfeited, and on
Dec. y 1850 sci rptmrppI nm oh rCtyl
No further record.
No. 1886, Albert Brooks, sci. ia. serv(,d on
Wood Feb, o. lSS2. No further record.
No. 1889, Frank Foster, sci. ia. retd rned
against Wood "RhH Sept. 30 1851. No uFther
record.
Augustus de Grummond:
No, 1i,577, Jacob p. Augnoy, forfeited JAM
10, 1888 Feb "a bench warrant for tn y ap1
prehonsion of Augney was ordered DO bd
executed. No further record.
No. 1862, John w. CoOmcs, filed Mar. 81
1883, and still holding good, dofcndane not
having been called to trial.
The first of these cases is a peculiar kQuel
The bond was forfeited, but nothing anil =.
on the record to show that any stcp toHyard
collection of forfeiture has been taken. II his
trict Attorney Corkhill told REPUBLNICAN
reporter that Mr.. dc Grummond was spenQlino
time and money in efforts to bring Augnevy Ne
trial, and the government prosecutor thouHpht
AuRney surety would succeed in appreheund.
ing the accused. He thought it only ius5 1lnd
fair that dc Grummond, who was actNino
"squarely" in the matter should bo ri Sven
time. On the other hand, Wilmot u bc
man shot by Augney, told memnber
OF The REPUBLICAN stair that being Hin.
formed de Grummond had been promised tS75
TO become Augney's surety, ho himself ca{led
on him and offered him SO not to 20 Aug-
ney's bail. This was refused. The pont Ia
which The REPUBLICANS gaze is directed ID
why should surety standing in the peculAa ar
relations to the government which bOndsmN AMI
does whose bond has been forfeited and Hhc
matter still unsettled be accepted on anotlI e1
bOndY ~
Robert A. Balloch, surety for Marcus Buk 1
case l3,2Ol sci. Ja issued March l, 1850, IN N,
no further record. r
Peter Carroll, surety for Peter Monah. n
case l3,2O5 5ci IA. returned "HhH" Nov. n
1881, and no record of further action.
James and Deborah Mankin, surotios III ~
Edward II. Dont bond forfeited June NJ
1851 bench warrant issued for defendant aIu
returned mot found +" no record of actiCA
against the surCties.
10 sum up II would seem from the record;
OF tho criminal court that a bond was n nuU
lity, and that bOndsmen was not deemed u
DO under any obligation whatever As n
bond is contract, u violation of which roTN
ders the detaulter thereto liable TO specilH
penalties, il would seem that the failure a.
collect is not the delinquent partys fault
and if tho delinquent party has not means d.
mako good his contract tho Governments n