The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-08-11
FILER'S QUEER CASE.
Thinks He has Been in Jail About
Long Enough.


TRENTON. Aug. IL, 1s9L-A singular
Scudder yesterday. It was an application
for the release, on habeas corpus proceed
ings. Of Charles F. Filler, who is now
serving a term-or. perhaps, it would be
msre proper TO say series of terms-in
the State Prison. As shown by the argu-
ment OF counsel. Filler was sentenced to
two years in the state Prison from Salem
county in 1852 While he was serving
this sentence he was indicted by the
Cumberland County Grand Jury. IN 1852.
SDlem he was taken before the Court Of
Oyer and Terminer of Gum berla nd
county. when he pleaded guilty
to two indictments for forgery
that had been found against him IN
1882, and sentence was suspended. In
1885 he was convicted of breaking and en-.
tering under an Indictment by Glouces-
ter county Grand Jury. and sentenced TO
four years 10 State Prison From this
Filler had 3i2 days remitted for good
conduct. After his release he was ar
raigned the second time before the Court
Of Oyer and Terminer OF Cumberland
county, and sentenced, on the indictment
to which he had pleaded IN 1884, to two
years in the State Prison. This was in
1889, and be was given remission OF lS3
days on this sentence for good behavior.
and he would therefore have been dis
charged on June l2 LAST but for the fact
that under the statute the 3l2 days that
had been remitted for good behavior on
the sentence received from Gloucester
county has been added, and unless he is
taken out under the present writ he Will
remain IN prison until April 10. 1872
Mr.. II. n. Barton. prisoners ceans sci.
claimed that his client should be dis
Il t.sr aaGfar V4atA far
his detention does not fall within the act
claimed. The petition OF the act reads
as follows:-sIf any person who has par
taken of the clemency OF this act shall be
again convicted and sentenced to the
State Prison, he shall. in addition to his
the number OF days remitted 10 him or
her on the previous term"
To warrant the prisoners detention the
cause must come within the express
terms of the act. The remission Of 3l2
days was for good behaviour. The abate-
ment was not his act; 1t was by operation
Of law. The good conduct was his act,
but 1t was condition precedent TO the
clemeney and was accepted by the state
as fully performed. Otherwise the time
would not have been Tsmltted. All sen
feDces TO the State Prison are made sub
ject to this remissory feature OF the act.
No condition subsequent was exacted
as the law then read. There was no con-
dtion precedent, In the nature OF a
promise, express or implied, on the part
of fhe net itinner. that II he was granted
such remission he would not be again
convicted and sentenced" Hence his dis
charge by operation Of law vested in him
an Immunity from further punishment
under that sentence. The statute makes
no provision for sending the beneficiary
Of such a remission back TO the state
Prison. under any circumstances, to serve
the remitted time. The petitioner is to
be held until April 10. 1892, which Will
be au imprisonment greatly In excess OF
the whole period of sentence named in
wherein conditional pardons have been
granted and for breach of the condition
the pardoned person has been retaken 20
serve out the term. But the remission
of time is not a pardon.
Assistant Attorney General johnson.
for the State, claimed that the act under
which the State Prison aut horlties Ie-
mitted q sentence was uncons titutfonal,
because it in effect pardoned man, and
the Court Of Pardons only had right to
do that. Therefore, it interfered with
that body and the Legislature had no
right to pass such a law. This is the first
case of the kind that has ever occurred 10
New Jersey, and several nice legal points
are involved. Several authorities on the
subject in other States were quoted.
Jnstice Scudder took the briefs in the
case and said that as the question was
such an important one he would invite
Justices Depue and Van Syckle to sit with
MIN in considering the evidence, and he
would render decision as soon as poSsi-
BILE.