The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-03-31
isnsa in the Detroit House Of Correction. under
sentence from the United States District Court

fnsa in the Detroit House Of Correction. under
sentence from the United States District Court
of Arkansas. He was tried and found
guilty upon an information which contained a
count under the Revised Statutes for having in
his possession with fraudulent intent, an obljga-
lion engraved and printed after the similitude of
an INTEREST," bearing coupon bond of the United
States The question raised by the petition for
habeas corpus is whether the petitioner was
guilty Of an infamous crime" within the mean
ing of the fifth amendment to the federal Con-
stitut;on which p.ovides that mo person shall
be held to answer for capital or otherwise In
famous crime. unless on presentment or indict-
ment by grand jury" This court holds that
crime liable TO infamous punishment is within
the meaning Of the words capital or otherwise
infamous crime" in the fifth amendment, and
cannot be lawfully prosecuted in the United
States without an Indictment or presentment by
> grand jury, and that Imprisonment at hard la
Dor for term of fifteen years is infamous pun
ishment The prisoner is therefore entitled to
be discharged, and the petition for a writ of ha-
beas corpus is granted.
A decision of interest to banks and bank stock
holders was rendered in the case of
plaintiff in error, against Daniel M.
Stewart and Martha N. Mcmillan, admins
traitors This was suit brought against the
bank by the administers of one Mcmillan, on ac-
count of alleged appropriation and sale by the
bank Of certain shares of its own stock which
were in the banks custody. The bank justified
It's action upon the ground that Mcmillan
was its debtor to an amount greater
than the stock and that the stock was put in
its hands collateral security for Indebtedness.
This court holds that the verdict of
tho jury in the trial below legally established
tho fact that the bank did not hold
the stock in question as security for
Mcmilian's Indebtedness. ''The contention of
the bank, therefore" the court says, comes to
4his: That creditor who has possession of the
property of his debtor, as his agent, trustee or
bailee, may, without reducing his debt to judg
ment, and without process or order of any court,
and without the consent and against the will of
the debtor, sell OF otherwise dispose of property
and apply its proceeds to payment of his deN.
We do not think the law gives a creditor any
such right The judgment of the court. below,
In favor of McMillans administrators, is affirmed.
A decision was also rendered in the municipal
bond case Of j. Addison Hayes plaintiff in
error, against the mayor and aldermen of the
city of Holly Springs Miss. This was suit
brought upon the coupons of a series of bonds
issued by the city of Holly Springs in payment
of subscription to the stock of the Selma, Marion
& Memphis Railroad Company. The court holds,
first, that the intention Of the Legislature to
confirm and ratify the subscription could not be
ascertained with certainty from the language of
the act second, that the bonds were void for
want of power TO issue them, notwithstanding
any rectals on their face or any acts 'in pals
claimed to operate by way Of estoppel. The
judgment of the court below is affirmed.