The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-01-28
White & Fox for appellant.
J. l.. Harris for the State.
Elk PARTE, I
PETER JEFFERSON.

In TARIE,
PETER JEFFERSON.
From Adams county. Judgment of
Ralph North, Circuit Judge, on habeas
corpus, in vacation.
Failure Of grand jury to indtct does not
entitte prisoner to release.
ARNOLD, J.
Relater was charged with arson, and
committed to Jail by justice of the
peace, in default of bail in the sum of
two thousand dollars. No preliminary
examination was made by the commit
ting magistrate, and it is not shown
whether it was waived by the rela:or or
not. Two days after the arrest and
committal, a regular criminal term of
the circuit court of the county was COM
menced and held. and the grand jury
partially Investigated the charge against
relator, but adjourned finally without
indicting him. In their report, they
alluded, in general and indefinite way,
to crimes of serious character which
their regret that they had been unable
offenders. After final adjournment of
Judge for writ of habeas corpus. 1t
was granted, and the result of the hear
ing was that relator was remanded to
custody in default of bail in the sum of
one thousand dollars. From this judg-
ment he appealed, and now insists that
the adjournment of the circuit court,
without bill o. indictment being found
against him, entities him to discharge,
and that the testimony was not sufficient
to warrant his being held.
The speedy trial. guaranteed by the
constitution does not operate to deprive
the State of reasonable opportunity of
fairly prosecuting criminals. En- Parte
Stanley, 4 New. 113. 1t must be pre-
sumed in the absence of testimony, that
the justice of the peace performed his
duty, and that preliminary examination
was waived. Upon the hearing, no
error was committed in reducing the
amount of bail, which had been required
by the justice of the peace, and remand
ing the prisoner, unless there is some
inflexible rule of law which required
that he should be discharged, because
regular term of the circuit court had
intervened, at which the grand Jury
failed to indict him. There is no such
rule Of law in this State. We have no
statute on the subject. As said in En-
parte Caples, So Miss. 35S, the practice
here is to discharge at the first term if
no indictment is found, and no showing
made for longer detention. This prac-
tice is SO just and proper, and so well
established, that a failure to observe it
suggests, even in the absence of testi-
mony, that there must have been excep-
tional circumstances in the case. On
the hearing, the burden of proof was on
the relator. Er porte Bridewell, 81 Miss,
&c. If he relied for discharge upon the
facts that regular term of the circuit
court had been held, and that no indict-
ment had been found against him, he
should have shown, in addition, that the
charge against him was fully investi-
gated by the grand jury, or that the
delay in the prosecution was imputable
to negligence or sinister motives.
The reduction in the amount of bail
effected BY the habeas corpus proceed
ings filed the measure of relief to which
the relator was entitled in the case dis
closed by the record; and We reach this
without reference to the tes-
timony which was objected to at the
trial as being hearsay. affirmed.
Mellen & Pintard, Nugent & Melville,
for relator.
J. L Harris, for the State.