Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-09-29
ARGUMENT AGAINST SHEA.
Mr.. Thomas, for the District, Continues
His Remarks

The hearing before Judge Cole IN thu mat
ter OF the application of John Shea for re-
tease from the workhouse by writ of habeas
corpus, Shea being confined there because
OF MS conviction a second time for selling
liquor without a license was to have been
resumed this morning at II o'clock. but
owing to the absence Of Judge Cole at the
bedside Of his aged father, Il went over un-
til next week
Mr.. s. I. Thomas. for the District, briefly
continued his argument after The Stare
report closed yesterday afternoon.
Referring to the contention of shea's
counsel that the act of July q 1880 author
ling the Police Court TO impose imprison-
ment In default OF payment OF fine arpi,ed
TO particular cases only. Mr.. Thomas called
the court attention TO the words OF the
act, authorizing in express terms the appli-
cation of the act TO all cases coming before
the court. The terms of the sentence were
not vague or uncertain, and II was a set
yea rule OF law that sentence Of impris-
ohment commenced to run on the day OF
imposition. Hence Shea was not left in the
least doubt as TO the dura ton of his con-
nnement In a leading case decided nv the
aniteo states supreme Court Il was held
mar a sentence imposing confinement in
jail until the payment of a fine and cost.
was made was not an uncertain SENTENCE
LOT the reason that the defendant could
onu,ant OF or iengthen the term of his impris-
~
carrier or later date And in that case
mere was no statutory authorize ton. while
IN cases arising in the Police Court there
ntor, , re set OF July 9. 1892. express stat
ueory authority for imposing additional i'm
prlsonment In default OF payment ~ an
In conclusion Mr. Thomas states a.. g..
only constitutional question in the % O. ne.
a constitutional repugnance on Sbeass 80
TO work. As to the conten.io, "a =. pa,e
ant counsel that Incarceration On ~.
WIN mouse was. because of the vrea,s,~ -
suIped suits and laborfng without n.r
III, s, punishment Mr.. Thomas cis,me1
pressly decided that imprtsonr,nn,h mao ex-
pehI.entiary was punishment uh,ch ..a
an ofense Infamous cn msas
Matter of Recora-
MI. A b. Duvall followea M,
on behaf of the District. conen,n. n.Ns.
mainly to the Presentation on nr,na.o...
authorlties. which. he claimea .,,.,s..
,io. only the jurisdiction of the trial -.
nut also every action taken bv m. ,,,.,ss.a.'
he s,. me United States Supreme Cour,
entries made a good recors nsre docket
oL lne foIice Court Therefore baS e cerk
T,, ~ LOT using an abbreviated recora
.. .-o,,I, Soe-L-I imagine that II he did M,
the record. eight clerks to keep
ar. ,,Duvall-Exactly SO, your bono, 70
TeaHy a matter of necessity ~
,ha f, DuyalI then argued that althouen
.he record and papers were ahbreyte 80
they were amply sufficient 70, Ut esiated.
mat the act itself provided where ,hs -,
prisonnlent shall be and in the Light ~ 81.
- me sentence could not be otherwise
than In the workhouse As 70 ths -, .
The court 70 impose additional trnnr,.oer ~
IN oe1auit or ine, even IL IL was rler.i
tne legality OF the courts action a. 49,
aeoer could not be Questioned until The
gan to run.