The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1893-02-10
LFISNER RELEASED.
Judge Severance Renders Decision
Over Ruling Well Known
Court Custom.

Inc naDedS corpus proceedings
brought to secure the release from
jail of Carl Leisner came up at five
o'clock Monday afternoon and the
arguments were continued. The ar
guments were concluded this fore
noon, and Judge Severance granted
the writ of habeas corpus, thus releas-
ing Leisner from jail.
The case is one Of more than ordi-
nary Importance, as it oyerthrows the
practice long existing in the Mankato
and other municipal courts of the
state Of pronounclng sentence and
suspending its execution during good
behavior, or on certain other condi-
ton, such as leaving the city.
The facts in the Leisner case are
that on March 3rd, 1892, he pleaded
guilty to the charge of drunkenness,
and it being third offense under the
state law Judge Porter sentenced him
to imprisonment for ninety days in
the county jail, there being no alter
udtC dliO"Cu Wy ClC W
however, to give him another chance,
the sentence was suspended during
good behavior. On Feb. 1st Liesner
was arrested charged with drunken
ness, to which charge he pleaded not
guilty He employed w. r. Geddes,
to defend him, secured witnesses and
appeared the same day ready for trial,
but owas then informed that the
charge had been withdrawn and that
the court had decided to send him to
Jail to serve out the sentence pro-
nounced last March. To this his at
torney objected on the ground that
he could not be committed without a
lawful hearing IN open court and his
misbehavior established. He was
committed to jail, however, and his
attorney then began the babeaS corpus
proceedings which ended successfully
today. The ground for this proceed
ing was that the court has no author
ity to suspend sentence and that
lutte acquittal; and that if the court
has the power to suspend the eXecu-
tion of sentence Oh certain condi-
tions, the fact that the conditions
have been broken must be established
by constitutional trial before the
execution of the sentence can be COM
menced.
Judge Severance decided that the
suspension of the execution of a SEN
tence until an indefinite time renders
it absolutely void He also decided
that the municipal court cannot sus-
pend the execution of sentence for
any reason unless for some reason re-
iating to.the operation of the law such
as in case of stay for motion for a
new trial, or in case Of any appeal.
The prisoner was then discharged, on
the ground that he was not lawfully
restrained of his liberty.
Judge Porter believes that he has
found Supreme Court decision which
sustains him. The effect of Judge
Seyerance's decision will be that here
after the sentences pronounced must
be executed at once. This will work
more of hardship on the violators
of the law, as it has been the policy
of the municipal court to suspend sen
tence where the mere fact of convic-
tion is a sufficient lesson, and the fact
that a sentence is hanging over a
person has a strong tendency to
cause him to obey the law
in all respects. The policy
had very good effect, as many
young men have been reformed, with
out the disgrace of Imprisonment at
tached to them. The policy, although
it may have been without authority
of law, has been beneficial, and a
law should be passed to legalize it.