Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-06-11
Is HE HELD ILLEGALLYP
An Interesting and singular Point Raised IL
I'm cnaa af n Pnnitautiarz Cnnzict.-

An Interesting md singular Point haiseu In
the Case of Penitentiary Convict.
Habeas corpus proceedings will be COM
menced in the local courts this week by Attor-
ney W. G. Stillwagen to secure the release OF a
prisoner from the Riverside Peni.entiary. The
case is an interesting one and involves queer
point.
In 1884 John Weisenberg was arrested in
Mexican county on charge of burglary. He
was tried and convicted and on July 5 SEN
fenced to five years in the penitentiary. The
Sheriff of Mexican county took Weisenberg in
charge and started with him for Riverside
Penitentiary. He reached as far as Bennett
station, on the West Penn Railroad, when
Weisenberg jumped from the train and sue
eeeded in making his escape. He was pursued.
but for some time to no avail. The sheriff
from whom he escaped, however, did not give
up the chase, but tracked him closely. Finally
he located his man in West Virginia, and ten
months from the day of the escape came up
with him in ravine in the Cumberland Mount
aims.
the latter started to run. A second comma4hd
to halt had no effect and the Sheriff fired, The
bullet struck Weisenberg in the back and
brought him to the ground. he was taken to
the nearest town and lodged in a hospital. For
a long time he fingered, and no hopes were en-
tertained of his recovery. The -YE2nd was a
similar one to that which causes death of
President Garfield, and 1t was Thought that
there were no chances for him. Finally how
ever he grew better and was brought TO the
penitentiary,
He was an obedient prisoner, it is claimed,
and on the 9Th of last March he was called into
the Warden's office He was informed that his
conduct while in the prison had been such as
to warrant the regular Communication, but that
his escaping from the officer had precluded him
from getting it; further that though his time
would have expired on July, 3, 1889, he would
have to serve ten months longer to make up
for the time he was free. Friends of Weisen-
berg learning of his predicament, sought the
services of Mr.. Stillwagen. The latter started
for the penitentiary to interview his client. He
applied to Mr.. George A. Kelly, of the Prison
Board, for pass and was peremptorily refused.
Next he saw Inspector Reed, and obtained the
pass When he presented the pass at the prison
he was informed by deputy Warden McKain
that no one was to be allowed to see Weisen-
berg, per order of Mr.. Kelly. This fact was
telephoned to Mr.. Reed, who revoked his pass.
Several days passed, but at last Mr.. Stillwagen
got to see his client through the intervention
of Hon. Charles Robson, of the Legislature.
As result the habeas corpus proceedings will
be instituted.
It is claimed that to hold Weisenberg after
the expiration of his commitment would
be Illegal. To have been enabled to do so an
information for escape should have been made
and the usual sentence of court imposed to the
effect that the prisoner serve extra the length
of time which he had been free. Such was not
done in Weiseberg's case on account Of the
thought that he would die. After he had re-
covered it was neglected until it was too late.
by reason of the statute of limitation. For
this reason, Mr. Stillwagen holds, the attempt
was made to prevent him from seeing Wefs-
enberg. 1t was decided to hold Weisenberg,
legally or illegally, as menace TO the other
conyicts. and it was desired to avoid legal in
tervention.