Daily Republican., 1886-12-10

4ato 1otAihH totctou VI tlS ouV0kALE
Court convened NJ 10 o'clock with Chief
Justice Oomeays AID Associate Judges
Wootten AMI Houston on the bench.
Argument was commenced ON the
application for writ of habeas corpus
In tha case OF Frank b. Mccoy, alias
"Big Frank" the bank burglar who Is
now In New Castle Jail. II was decided
unnecessary 10 have the prisoner In
oourt during the argument.
Alexar der B. Cooper, Esq, made the
opening argument In favor Of the dis
charge of the prisoner, and cited q
mum ber,of cases where certain time
hsd bean set for the infiic;ion OF corpo-
raj punishment, and that owing TO the
escape Of the prisoner, or for some other
cause, the time had passed without the
sentence OF the court being carried out,
It had been decided that the punish
ment could not be inflicted 1t any sub
seQuent time. He also commended that
It was not mar datory on the court to
fix the time when sentence of imprls.
onment shall expire.
He said that As the Court had in i'm.
posing this stntepce said that IL should
expire On December 9th, 1888, IL was
illegal, and not lawful 10 bold the pris
oner hey oud that time, Notwithstanding
Tue iACL tlAb htttT tDb tl"6 hlb Etu-
ter &c he had succeeded 10 making his
escape. The fact that he had escaped
and been outside OF the prison walls for
n number OF years could not by any
means leUgthen bis term cf imrrison-
ment beyond the timo, when by the
sentence Of the Court II would expire.
he cited . number OF authorities In
support OF this point, and discussed at
length the opinion Of Judge Grubb,
when the case WAS argued before him.
He held that the refusal to grant the
writ Of habeaa corpus by Judge Grub
could not be held as 1nal and conclu-
sive. He also called attention 10 the
IA ot that where prisoners have escaped,
and been reoapturei before their term
expired, they we're not obliged at the
expiration OF the term for which they
were sentenced to serve for the time
they had been at liberty.
He contended that a. this has always
been the case Ia this State the detention
OF MoUoy was Tile gal, and he moved for
his discharge forthwith.
Mr.. Cooper closed his able argument
ut IL O'Clock aud was followed by
Deputy Attorney General Biggs, who
read from the records CT the court that
Mccoy was sentenced on Decem Dor 10,
1873, to DO whipped with forty lAshes
on tns ensuing Saturday, and to DO i'm.
prisoned ten years.
He coniended that the fact OF the
court fixing the dRy when that sentence
was 10 expire did not affect the case, ss
an escape was wrongful act, OF which
tLe prisoner could not avail himself OF
the advantage. A prisoner who
makes his escape during the term
OF his imprisonment must under
the common law serve o. term equal
TO the time he was AZ large,
whether he is captured before or after
the period TO which he Was sentsnc ed
has expired. Mr.. BigRs submitted a
numotr OF authorities 10 support of his
propositions, aud continued to SPEAK
until ~ O'CLOCK, when the Court de.
cided to hold tho matter under advise
ment.
Walter Cummins, Esq, called up for
argument the cases OF Calvin Is,
Roads, mills & Combs, James Nor
row * Son aud John b. Steiqler va.
Jethro j. McCullough's executoTg, gar.
| nishees Of the Wesleyan Female Col
lefe. Tho plaintiffs Ia each case were
represented by Hon. GsorRe Gray and
Walter CummiDs, Esq., and the de-
| PENDANTS by Anthony Higgins ard +.
| II. Hotieoker, Eos
The cause OF this action In rs follows:
In 1879 the PLAINTIFF, who held claims
against the college, obtained judgme emit
on these clains. which were duly re.
corded. After he death Of Jethro Nc
CulleuRh 1t Wac found that his will
| gave 100000 TO his wife, With the pro-
vso that at her death s., 600 of this
amount should 70 10 the college Mr..
| Mccullough died in 1885, whom attach
ments we're laid against this blquest by
the judgment creditors.
| Previous to this aCtion tho charter OF
the college wss revoked, ard the con
tention now II, Eheiner these attach
men Is can hold, after the expiration OF
lh3 legal existeI Cs of tho instl, ution.
The court decided ~ have the attorneys
submit their arguments in writing for
their confederation during vacation.
| Several miner motions were dispos ed
| OF, and at 1910 court adjourned sine die
|