St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-01-14
HOSKINS CASE DEFERRED.
IT WILL BE TAKEN BEFORE THE So
PRcME COURT
JUDGE sEARLE is ABSENT.

Henry Johns Finds Great Diff
Guilty in Getting a Court Hear
ing In the Habeas Corpus of
Editor Hoskins-Judge Searle
Defers the Matter-WilI Apply
to the Supreme Court.
Henry Johns. of this city, attorney for
Editor Hoskins, who is confined in the
insane hospital at Fergus Falls, received
word last evening which will prevent
the hearing of the habeas corpus case
on Monday, Mr.. Johns had intended
going to Fergus Falls to argue the
habeas corpus case tomorrow and had
prepared printed brief in the case.
Yesterday telegram was received
from Judge Searle requesting
Mr.. Johns to meet him in this
city at the Merchants at 6 O'clock last
evening. An interview was had in
which Judge Searle stated that he had
to go out of the state for a week or ten
days and could not take up the Hoskins
case until after his return. 1t should
be remembered that when Judge Searle
issued the writ of habeas corpus di-
recting the insane hospital authorities
to show whether they legally detained
HoSkinS in that institution, the return
was directed to be made before Judge
Baxter, one of the two judges of the
district. The time set was D. IN.
Monday. In view of the fact that Hos
klns when in court for the hearing on
civil case declared that he did not want
Judge Baxter to try the case and made
holy show of himself. as we'll as for
other reasons, Judge Baxter refused to
hear the habeas corpus case. and noti-
fed Judge Searle that he was unable to
act in the case.
In speaking of the matter last night,
Mr.. Johns said: 1.-The sacred right OF
habeaS corpus proceeding in this case
seems to be unfortunately deferred, and
the running after judges who will or
will not grant or hear the writ makes it
an exciting chase for the attorney"
Mr.. Johns stated that he would 90 to
the supreme court at its opening to-
morrow and make application for writ
OF habeaS corpus, in conformity with
the decision of that court in the case of
Joseph Doll, reported in the ~ Min
neSota Reports, who was released from
the st. Cloud reformatory in 1891. Mr..
Johns said it is not certain that the writ
will be granted by the supreme court
under that decision, but he is certain
that the man should be released from
the asylum. In case the writ is not
granted by the supreme court, it will
then be the duty of the attorney to as
certain and apply to the nearest judge
or court to the Seventh judicial district.
Mr.. Johns expressed confidence in
securing the release of Hoskins under
the decision of the supreme court in
the Blaisdell case. The Blaisdell cas1
will be remembered as one in which the
commitment was identical with that in
the Hoskins case. On appeal in that
case the supreme court hold that her
discharge under writ of habeaS corpus
was Justified. a motion for rehearing
in the Blaisdell case was made, and will
be heard Wednesday next, under the
clam that the supreme court had over
looked the laws of 1898 relative to IN
sane asYlums.
NJ. Johns. attorney for HOskins,
claims that the delayed hearing OF his
case is for the purpose of obtaining
decision upon the reargaement in the
BlaiSdeIl case.