Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-07-06
VIRGINIA COUPON CASE.
Judge Bond Holds Court on July 4th and
Renders q Decision.
lBaltimore Sun.l

Judge Bond, Of the United States Circuit
Court. heard Yesterday the hOb,dS-cOrplts
petition of Lewis 0. Shaner. a young man
Of Lynchburg. Va. who is well known IN
his native city The petition recited that
Shaner was held on two wits, for $50 and
$40. respectively, issued by Mayor \. g.
Manson. L.. - Lynchburg. and that the
petitioner had been confined in jail for two
months. Shancr bad made repeated ten
ders of coupons cut from the bonds Of
the State III payment of his fines, but they
had not been accepted. The tenders OF
coupons were made TO Mayor Manson, j.
NJ. irwin. chief Of police, and Sergeant
Mathew j. Day, jailer.
The petition also says: 1t would be
vain to appeal TO any judge OF the State Of
virginia as by line Of decisions of said
State courts the constitutions heldin utter
contempt whenever tender Of the cOu-
pons of the State is drawn IL question"
The writ was sued out on the 18th OF last
month at Lynchburg before Hon. Melville
W. Fuller Chief Justice of the United
States Supreme Court, and was made re-
turnable before Judge Bond at Baltimore.
The return of Sergeant Day TO the writ
said that on the 18th of April Shaner was
convicted in the Mayors Court at Lynch
burg of assault, and was sentenced 10 pay
a fine of $50. of which he only paid $40.
On the 9TH Of May he was arrested and sent
TO jail for ninety days for nOn-payment OF
his fine BY virtue of 4 warrant issued by
the MayOr, on May 10th. Shaner was SEN
fenced 20 three months IN jail for nOn-pay-
ment Of line of $50 imposed Tor cruelty
10 o horse. These are the two charges men
toned ia the petition for writ of hdbfdS
corpus. On the 18th of Nav Shaner pleaded
guilty to assault in the Corporation Court
of Lynchburg, and was sentenced TO pay
g Gsug0 ,r 10 hp ICDneI sgIY months
in jail. Besides the charges the return OF
Sergeant Day said there we're TWO charges
of assault against Shaner IN the Campbell
County Court. In one case he had been
fined 1903 with two months Imprisonment,
and IN the other the fine was $3.50 with
three months imprisonment.
Mr.. v. W. Larkin. of Lynchburg, was
counsel for ShaneT. the state Of Virginia
being represented by Commonwealth sat
torney 4. II. Burroughs.
Mr.. Burroughs contended before Judge
Bond that there had been no v9lld tender
of the fines, and sad Whenever the cou-
pOns are rendered the State has right 20
demand the production of the bond from
which they are cut TIE coupons being
Autographed it is impossible to tell if they
are cOunterieits unless the bond from
which they are cut is produced. Coupon
Killer No. demands the production of the
constitutional by the Supreme Court Of
Virginia"
Judge Bond. in reply TO this, said. " | do
not think the State has any right TO pass
law encumbering the receipt Of these cou-
pons for all debts, dues, and demands due
the State, and all the statutes that encum-
Der the full receipt of these coupons for
such purposes are Illegal. The bond may
belong to man in England ana the cou-
pons to man in Virginia Shaner was
thereUpOn released upon the two points
mentioned in his petition, but was COM
mittcd 10 the custody of Sergeant Day on
the other charges. Judge Bonds opinion
is AS follows:
The petition in this case and the return
of Mat j. Day, sergeant of the city Of
Lynchburg, thereto, having been read and
considered il is ordered that the said
Lewis o. Shaner be discharged from the
custody Of said Sergeant, he being unlaw-
fully held by him in custody upon the writs
of cdpiGS set out in the petition, after
having rendered coupons of the bonds
Of the State of Virginia for the fines
imposed upon him. such coupons being
by law of Virginia receivable for all
taxes, debts, dues, and demands due the
State. But it appearing from the said re-
turn that the petitioner Is held also by
Mat J. Day upon other writs of cdptos not
mentioned in the petition. but set out fully
in the Sergeant's return, the petitioner IS
returned to the custody of the Sergeant IN
obedience to those wits
1t is probable that further proceedings
In the case will be had before Judge Paul
at Harrisonburg. Va. The father of the
accused is 4 butcher in good standing in
and the numerous escapades
of the son are attributed TO whiskey.