Evening journal., 1892-07-02

7 purpose luf Wuich nll rs taken IN All
such cases. And therefore. as have al
ready stated. ] have determined TO require
what / consider 70 be sufficient bail after
considering the evidence before me going
to show the pecuniary means and the
reasonable prospect of the defendant as
TO securing that II has been shown that
he is worth In personal property. as
understood the evidence, about 81 600.
There is a mortgage for 81 600,
which i understood TO be worth
about $3.50. and that there
is "A balance due on another mortgage OF
$3.50. According to mathematical calcu-
lation those two amount TO 81 900. AS
to his real estate in Philadelphia or
elsewhere 10 is covered, according to the
testimony. and he cannot raise so ON it
There Is no evidence TO the contrary. and
there is no evidence 90 show what that
property is worth, but there is evidence
that he could not raise $40 ON IL. and that
is not contradicted or disproven So
there you have a man who Is worth, as
evidence goes $1,000 in personal property
and who has real estate as shown to me.
on which he could not raise $40 That
is the case before me There is evidence
before me- or something having the ten.
dcncy TO show that he has friends who
could raise bail, and think it is stated
whether IL was proven or not. l am not
positive-but ] understood his counsel 90
say that he might be able 90 raise $3 600
Now with these facts before me
thcy are facts In the case, and / have to
be bound BIZ thcm-as 20 his ability 90
raise BAIL l have found il necessary 20
reduce the bail demanded ON the writ
very considerably. The object of "a capias
Is Co arrest person for the purpose of
! securing his appearance TO answer q
complaint The law does not contem-
plate that he should remain in JAIL If IL
is absolutely impossible to give reason
able bail. The law does not require I'M
q reasonable bail The statute of this
state expressly provides that excessive
bail should not be taken, but that rea-
b sonable bail should and that is left IN
the discretion of the Judge before whom
Z the writ of 'habeas corpus was taken.
Something has been said by the counsel
p for the plaintiff about the atrocious
! character of this wrong lt Is proper for
me 90 say that this Is civil action for
, damages 90 the individual II does not
/ preclude the public or stop the state
4 from prosecuting for the crime of rape
4 If an oifense of that enormity
RI has been committed, for which
Y the man would forfeit his life
I Therefore IL Is not necessary for
q me in this case TO fix an amount of bail
q which would vindicate the offended law
/ of the state or protect the public inter
d ests That Is TO be done In q criminal
4 proceeding. which this is not and not in
u the civil proceeding The public have
their rights and the mode of enforcing
them for the protection of the commun.
ity This Is n suit by the individual
e simply for individual compensation for n
d personal injury There, although
1t the bail which have fixed, is
IS much less than that demanded
d and directed by the attorney who issued
l the writ still. ! am satisfied that IL II
At sufficient for enforcing the appearance,
s. of the defendant to answer TO the com
al plant in the civil suit in the Superior
~ Court of this county AS / understand
IF 10, the amount of bail required under
l. capias furnishes no limit 60 the amount
IS which the jury may find when the case il
10 before them. the jury see ft 10 rendel
l a verdict beyond the amount of bail In
rs case in which the amount of damages ].
Is alleged I'm the narr in excess of the bail
lr as ] understand under the law. the iurl
IF may render a verdict larger than The
Iy amount required by the bill
and the plaintiff may declare in his
n. narr for an amount larger than that Sc
cured by the bail. Bail is given TO MAKE
Il the bail liable for the amount of the yer
- dict rendered unless the defendant satis
n fies Che judgment which may be rendered
H. against him, or his body is delivered IN
- satisfaction Of the debt Ia accordance
"a with law IL Is security undoubtedly
~ TO that extent. but, il the verdict and tho
II Judgment rendered, should be in excess
N.u ~ "a IIIINU IIItnII
ID is liable In bis person Il
his purse is not sufficient; and he Il
liable in any property which he may here
after obtain, SO long as the judgment
yo continues in force, because a Judgment
in standing upon the record of the court
he covers not only the property he may have
of on the date Of the judgment but any
be property which he may obtain subse
rd quent TO the date and any personal prop
W. orty may be covered by lein aud eXecu
ar tion of that judgment; So that in fixing
the bail at the amount | have do no
feel that the interests of the plaintiff il
this case can suffer, because / feel vii
'e- be sufficient TO secure his appearance t'
er answer this complaint IN accordance witt
be law Nor, for the reasons ! have men
of toned, can the public interests suffer
8 the public have case against him.
,g Cannot BE Taken as Guilt.
n 81 conclude with saying that my orde
,r. In this case cannot be taken as indicat
es ing that the plaintiff is guilty in manne
al aud form as charged, and TO the extent
MT because 10 is simply for appearance. an
m. not 90 bind the jury or court above at al
of as to tho amount which may ho rendore
,e against him by a verdict, If the jur
ty should find he is guilty.
py Before the Prothonotary.
N I'm regard TO the manner in which thi
be bail Is to be taken, Mr. Bird was of tn
nj opinion, in the argument Of the case
that, as the petitioner, Robert Edgar
was IN the costody Of the sheriff b
ig. virtue of a writ of 'habeas corpus ad +,
If Fspondendum. / should order such ba
ln- as / should determine % be reasonable
nd be given to the sheriff. Upon considers
nv tion of the law, ] am clearly Of th
IN opinion that that view is not COZ
he rect. that instead of giving bail
to the sheriff; that is bail below, as it
j. called. must order the bail to be give
Io ahor-o that g. anoofol hail 10 the action