Middletown transcript., 1886-09-16

" Big FRANKS" case.
HE GOES BACK TO JAIL To SERVE OUT
HIS FULL TIME THERE.
Judge Grubb Tuesday delivered his opin-
ion in the case of Z" Big Frank" Mccoy who
had applied to be released from New Castle
Jail on the ground that he was being unlaw-
fully deprived of his liberty. After the de-
livery of the opinion, which was quite
lengthy, Mccoy was remanded to the custody
of Sheriff Ford to complete his term. The
judge, in his remarks, said
"This case is before me upon writ Of
habeas corpus awarded, issued and directed
to Thomas Ford, sheriff of New Castle county,
iuthes State Of Delaware, upon the petition Of
Frsnk Mccoy, presented Septemberl l. 1885.
The petitioner asks that be be discharged on
the ground that the term for which he was
imprisoned has expired BY mere lapse of time,
although the period of his actual imprison-
ment h@ been less than that for which he
was sentenced By reason of his unlawful
escapeand absence at large for a period Of
nine years, seven months and ten days, or
thereabouts.. The legal aspects Of this case
are novel, as the career of the petitioner is
notable inpthe criminal annals of-our state.
This case differs from all the cases cited in ar
gument in two respects; first, that though
cases have been cited where in the sentence
the term of. imprisonment was fixed and It's
commencement specified, yet none have been
fo1nd where the ending also was specified ;
second, that while statue in Delaware pre-
scribes that in the sentence the term of i'm
prisonment shall be fixed and the time Of its
commencement and ending specified, no case
has been cited n hich was subject to the opera
ton Of any similar statute in respect either Of
fixing term of specifying either term of its
commencement or ending. In these respects,
therefore, the question raised in this case
seems to be as novel everywhere as it is Of
first impression in this state.
"a
ain the present case the petitioner was
sentenced to be-to quote the actual language
Of the eourt-'imprisoned ten years : as well
as to be whipped and pilloried, and, to
pay $500 fine and the costs of prosecution.
The whipping and pillory portions Of the SEN
tence have been inflicted, but he has never yet
been imprisoned ten years. because, owing
to unlawful escapes, he has been illegally
absent from his prison for period of nine
years, seven months and ten days, or there
about. To undergo and complete his full
term Of imprisonment, therefore, be should
suffer further imprisonment, equal to that
portion of the ten years of his prescribed term
during which be was unlawfully absent from
our county jail. Bat even if this view of the
law should b, Incorrect, so far as it relates to
the imprisonment imposed by the sentence,
yet the petitioner may, nevertheless, be held
until he has paid the fine and costs imposed
thereby, which it appears he has not yet done.
| am constrained, therefore, to decide that
the petitioner may lawfully be held until the
sentence of the court has in all respects been
carried into execution. 1t is, therefore, or
dered that the writ and proceedings be dis
missed, and that the petitioner be remanded
to the custody of the sheriff of New Castle
county"