Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1891-12-17
From the Wood County Jail, He
Appears Before Judge Don
nelly in a Most Eloquent
Plea for Liberty.
ATTORNEYS CAMPBELL And DONOVAN
ASSIST The ACCUSED, WHILE PARK
Err AND MEARS APPEAR
FOR THE STATE.

Judge Donnelly's court was a scene of no
Wednesday. 1t was scene wherein tai
ented jurist with the weapon of a thorough
knowledge of legal lore assisted by brother
lawyers of note, fought most violently for
freedom-to silver himself from what he
believed to be an unjust incarceration.
Hiram F. Mcknight is this man, once
leading lawyer of Bowling Green. Doubt
less his voice had oft been lifted in defense
of alleged criminals with no anticipation
that the greatest strife of his life would be
in fighting step by step the force that was
hungry to place him within prison cell.
His case is indeed complicated one.
Accused, tried, found guilty of crime,
sentenced to the penitentiary for three
years, conveyed thither, his case appealed
to the circuit court, the decision and SEN
tence affirmed, appealed still higher to the
highest tribunal in the State, the Supreme
Court, the decision of the lower court re-
versed, taken from prison and sent back to
the Wood county Jail to await another trial,
writ of habeas corpus by Judge Nearing
with futile results, another writ by Judge
Donnelly-are the terse phrases that briefly
form a synopsis of his case.
Almar Campbell came to Napoleon Mon
day and taking the necessary steps, secured
writ of Habeas corpus, commanding the
Sheriff of Wood county to appear before the
Probate Court of Henry county with Hiram
Mcknight, prisoner confined under vari-
GUS charges, Tuesday afternoon at 2 O'Clock.
This date brought the prisoner and officer,
accompanied by prosecutor Mears and at
torney Almar Campbell before the bar.
James Donovan assisted the latter named
gentleman.
The case was called promptly at 2 O'Clock.
| Prosecutor Mears made a statement in
| substance that Attorney Parker was his COL
| legue in this fight, and that owing to cir
cumstances over which he had no control,
was left in Toledo, having missed the train;
that the brief was in Parker's possession
and that owing to this it was impossible for
| him to proceed with the case without being
severely handicapped. He therefore asked
continuance of the case until Wednesday
morning.
Attorney Campbell objected to this,
claiming that Parker did not wish to make
the train; that it was in his power to SO do
| but that he was in the same condition as the
''man who had bought the elephant and
knew not. what to do with it'' in regard to
| this case.
Attorney Donovan also objected but the
Judge, stating that he could appreciate the
| condition of an attorney robbed of his brief
! postponed the hearing until 7 O'Clock in the
evening. .+t5
| The missing attorney arrived ON the eve,
lining train aud the case was begun.
\ The prisoner consiseIy stated the case
to the Judge which is of such length that
space for the details can not be here given
but from his statement and the facts de.
veloped, we deduce the following resume:
Mcknight was in the employ of the Wayne
Building, Loan and Accommodating Associa.
tion of Palmira, N. Y. While acting in this
capacity along in December of last year. he
was, at the instigation of the company, in,
dicted for, forgery, obtaining money under
false pretenscs, larceny and several othei
smaller crimes. At the time of his indict
n ment he was in York State.
Reauisition papers we're procured anC
he was extradited on the first Indictment.
When brought before the common plea
court, for several reasons he was not triet
for this charge but instead that of the secont
viz: "Obtaining money under false pre-
tenses.n He WAS found guilty and sentenced
to term of three years in the penitentiary
The case was appealed to the circuit cour
which sustained the decision of the lowe
court.
!. Still not dispairing, the prisoner secures
writ of habeas corpus from the Suprem
Court of the State, and exchanging hi
prison garb of "stripes and bars' for SUI
of one of the keepers, appeared before tn
, highest tribunal of the State and most forci
bly, plead his cause. This court reverse
: the decision of the lower court maintainin
that he could not be tried for any Grim
other than that for which he was extraditeC
He was consequently remanded back to tn
3 Wood county bastile to await his trial fo
the Indictment of forgery.
: Several weeks since the plucky fello
. again strived for liberty by securing wr
D of his old friend, "habeas corpus" fror
a Judge Nearing and received hearing froi
this court on the ground of being able I
avail himself of the 'statute of limitation
! which provides that prisoner must eitht
|, be tried for the crime for which he is indie
: ed within period embracing two terms
court or discharged.
Over year has elapsed since McKnigl
o has been arrested, and since il was the ru
ing of the Supreme Court that the indie
ment of forgery was the only one for whit
l. he could be tried, and he has not received
4 hearing under this charge, it would see
that his claim we're valid. But the Jud,
maintained that the time he was imprison,
in the Jail awaiting trial did not reach tn