Evening journal., 1892-07-02
EDGAR S BAIL REDUCED.
Judge Grubb Fixes it at Four
Thousand.
IT WAS TEN THOUSAND DOLLARS

Can Sign for Horty.
The Edgar habeas corpus proceedings
are at an end and Levi G. Bird. couns e.
for Edgar has won a victory over Judge
Ball, H. G. Turner and Walter II. Hayes.
counsel for Jules Ricard. guardian of
Maggie Welsh
This morning Judge Grubb read his
opinion fixing Edgar's bail at 81. 600 be-
fore the prothonotaiy i'm the action above
where IL had been $40. 600 with the sher-
in below. A large number of lawyers
heard his decision, which was as follows:
Opinion of Judge Grub.
cas- have drawn the order upon the
writ of 'Habeas Corpus ad Responder
dun for the purpose of reducing the
bail under our statute. / will simply state
briefly my view of the case and my iudg-
ment in regard TO the amount of bail
that 1 have fixed, and as 20 the propriety
/ Of It,
Robert Edgar comes with petition
before me, and alleges i'm his petition
that he is in the custody of the sheriff of
this county, under and by virtue of a
writ of 'Habeas Corpusad Rcspondendum
by q suit brought by Maggie Welsh, by
her guardian and next friend. Jules
AAiNNANs Al AtANNAi Oh NNlA III Nilt SUM NA
$40, 600. having applied for writ and
obtained IL, the sheriff had made the re-
turn that 10 is true that he (Edgarl is de-
tanned 10y the sheriff under and by virtue
of the writ of Hahcas Corpus ad Re.
spondendum for failure TO give bail in
the said suit
Delaware's Jurisdiction.
'Now 10 appears from the evidence In
the case before me that the suR Is
founded upon a complaint that Robert
Edgar, the defendant in this suit, OBJ
tanned carnal knowledge of Maggie
Welsh when she was about or "A years
of age. and forcibly andagainst her will.
II has also been stated here as alleged in
her affidavit, and certainly stated by
her counsel TO me, that the forced
carnal knowledge was committed. not
only in the State Of New Jersey. but also
in the State of Delaware Ii is certainly
shown at the time of the commencement
of the suit to obtain damages for the
alleged wrong and injury 20 Maggie
Welsh, that Robert Edgar the defend
ant, was a resident of this state and
this county and therefore the suit wa.
brought in this county, the same OF
course, having jurisdiction Of his person
Motive Of the suit Immaterial.
ut appears before me from the evidenc,
that Jules Ricard is her legally appointoC
guardian, and that as such he has brough
this suit. Being her guardian, So far a
her right to recovery is concerned, an'
his duty to prosecute the suit, it is i'm
material. in my Judgment, in law, wha
his motive for bringing this suit was
AS guardian and next friend. he Is. i'm lega
I contemplation. an officer of the court
both of the Orphans Court and o.
] the Superior Court in which he Is ad
mittod as guardian and next friend Al
such officer of the court, ID Is his duty Il
b prosecute that suit, if he has reason
able grounds TO consider that she ha
suffered the injury alleged. whether it 81
Z to his personal interest TO do it or not. o
p whether il accords with his feelings o
(; prejudice for or against him, or anybod,
else.
Evidence Of Little weight in Giving Bail
Therefore, so far as It affects my con
= sideration In this case the evidence ii
that respect can have little, If any, weigh
!. with me in deciding the amount of bail
j. If the alleged wrong against Maggi
q Welsh was in fact committed. it is ule
Ricard's duty to prosecute this suit am
q. as guardian. he would have no right. i
d my Judgment to make any compromis
or settlement of the suit that was no
Is made in good faith and upon suilicien
grounds
4 Principal Grounds for Consideration.
r. 80 that we come down 20 the tw
principal grounds for consideration
T. this case First: As TO the nature Of th
, alleged wrong and injury complained d
- in this suit Second. What would
O. such an amount of bail as would aiIor
IS reasonable assurance that Robert Edgar
the defendant IN the suit, would appca
to the complaint Of the PLAINTIFF
r. The Bail Considered Excessive.
g "Now to determine the amount it b,
comes necessary TO- consider two othe
circumstances First: The nature of th
injury alleged, and second, the ability &
H. the defendant TO give BAIL In my iudl
d. ment. both of these points are to
II taken into consideration by me in iixin
the amount of bail and under that con
viction ] have fixed what / consider
or i'm view of all the circumstance
,n before me that are really materil
and relevant TO the case. an amour
of bail which think would tbo rnasoi
ne able. in the language and meaning {
10, our statute, and not excessive; and Their
fore / have considered il TO be my dut
to reduce the amount of bail directed D
the attorney who caused the writ TO
R issued under which this man was hell
- on the ground that / consider it TO
- excessive, and TO require an amour
y which l consider reasonable bail
- A Heinous and 8Iost Aggravated Wron
lf 'Now as to the nature of the injury
le it can be proven. as alleged, it is nj
doubtedly a civil wrong Of a heinous al
most aggravated character, and O ju
before whom it shall be tried should re-
8 der a verdict corresponding to Il
M wrong. The evidence before me as
I'M the commission of that alleged ofIense,
\ must say, is conflicting. On one sil
there Is evidence 20 show that q
D. offense was committed in the aggravat,
form in which Il is alleged in q
affidavit upon which this writ was issue
on the other hand it Is denied by the q
fendant aud his wife, who a
alleged TO have been participant
" in it and who are in law a
missiblo witnesses-subiect. Of course
ON corleidora tiong aS to their crpdibility thu