Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1893-07-09

that. thought this proceeding was In
the interests of persecution against
Mr.. Emblem, and now know it.
The Court-Do you object?
Capt. Dovener-Yes, sir.
The Court-The objection is sus-
tanned.
Mr.. Howard-This proceeding is for
the information Of the Court
The Court-This Court takes judicial
notice Of the fact that MIR. Emblem Is
already under indictment.
Mr.. Howard-Does the Court take
judicial notice of the fact that he is
under Indictment for renting houses to
these very parties?
The Court-The Court takes judicial
notice that he is under indictment for
renting to parties, but IL don't know
whether these are the parties or not.
Capt. Dovener-Does the Court take
iudicial notice that the Prosecuting
Attorney swore out these warrants?
Mr.. Howard make that no secret.
Mr.. Howard, addressing the Court,
then went to argue that the only pow
ers of the Court were to fix the amount
of the bonds. The question of the suf-
ficiency of the bonds was not for the
Court.
The Court-Do I understand you, as
the Prosecuting Attorney, to say that
when Justice refuses bail there is no
relief for these people?
Mr.. Howard-Oh, no! l want the
Court to understand me. l am talking
about the Court's powers under a writ
of hGbedS corpus. think 1t is well set
tied that the Court, in the matter OF a
writ of hGbeds corpus, does not sit as an
appellant Court to review the acts OF the
committing Magistrate. The Court
can fix the amount of the bond, but the
Court can't review the discretionary act
OF the Justice in accepting or refusing
security.
The Court-Suppose the committing
Magistrate should refuse TO take any
one private or personal reasons. Do I'M
derstand you TO say that the Court
would have no right-if there was but
one person available as bondman-to
interfere, and that the defendants must
go to jail?
Mr.. Howard-I haven't said so. The
remedy is apparent, and the Court will
readily recall what it is. II the Court
finds that en- arbitrary and unwise dis
erection has been exercised, the Court
will direct the Clerk of this Court 10
take the bond. The point / make is
that the Court will not direct the Mag
istrate TO take William Emblem as a
bondsman-or any one else.
Capt. Dovener said the Constitution
of the State said that every man was
entitled TO bail, in all but capital cases.
at don't say women-wOmen can't vote
with look at Mr.. Howard ], bat they
are included in the generic term" he
argued that for the magistrate TO say he
would take s200 bail, and then refuse
to accept qualified bondsman was do
ing indirectly what the Constitution
said he should not do directly.
The Court again directed that bond
be taken, when Mr.. Howard asked to
be directly heard upon the point at
issue, and took the floor, mid great In
terest.
Mr.. Howard began his remarks by
saving that he was lot orc OF those who
believed in the suppress of the house
OF in fame. He felt constrained to say
that they appeared TO be necessary
evil. He was not sure, If 1t was posi-
BILE to break them up and utterly root
them out, that il would not be for the
best interests OF society TO do so. He
did believe, however, in their proper
regulation under the forms OF law and
in keeping close hand upon them. he
nOinted out that in every such house