The times. [volume] (Richmond, Va.) 1890-1903, 1897-02-09
A NICE P0INTI0F LAW.
ms JUDGE UIChHdM JURfsDTC-
TfOS ~ THE TDITCHELL CAsE2
AopIIcation for Bail VIII BE Made on a
writ OF Uabeas Corpus in Order to
Determine This Point.


q result the application for bail has been
docketed and captain Wise will to-day
carry the case before Judge Witt on a
writ Of habcas corpus 10 determine
whether Judge WDkham has jurisdlc-
ton in the case. as the shooting was done
i'm the city. t
commonwealth Attorney Sands was on
hand TO argue against granting Twitchell
bail He. capt Wise ana Judge Wick
ham held long consultation. In which
they decided thai the question OF jurisdic-
ton was involved before mat oil an apph-
''''' 49, TIE NEW LAW.
Tho application for bail when Il cones
up will he made under amended Secti.n
900 Code Of Virginia. ENACTED by ire ,; st
| Assembly and IS as follows:
"a Justice before whom &c son IS
| charged with an offence not punishable
with death or confinement in the peniten-
| tiarv. or of which. II II be not so punish
able. only a slight suspicion II guilt fan
upon him. may, pending the examination
| before him. or upon committing ouch Itr-
son for trial admit him TO bail.
IF the offence be so punishable
aud there is good cause 10 believe such
/ person guilty, he SHAH not bs let 10
! i1I. by any justice, nor shall any ,e' n
| In Jail under an order or commitment "a
]
one committing him, nor in 4 less sum
than was required by said orda-
"But a court or the judge thereof in
| vacation. i'm which any person Is held Sid
/ to be tried for criminal on nee. may.
/ upon motion before said court, or uJor
petition to the judge thereof ia vacaucn
/ hear testimony and admit su,l person 10
bail before conviction; and whom such pc
! tition Is filed before such judge IN Nita-
| tiol he shall AZ once order said person TO
be brought before him that he may hear
/ tn petition Tor ball
III bail be refused or excessive bail be
/ required OF said person boy County
| Court. or the Judge thereof in vacation
then upon petition by the said person 10
the Circuit Court Of the county IN which
/ bee is held for trial. or 10 the judge there
OF in vacation the said Circuit Court or
| the judge thereof in vacation, shah AT
once make an order requiring SAID per
son TO be brought before said court or
Judge I'm order that a motion may be
made TO admit him 20 bail, and upon such
motion the said court or judge shall hear
testimony and admit him 20 bail or re-
mand him 10 jail
"If n Circuit Court or a judge theleol
I'm vacation refuses 10 admit sara person
to bail. or require an excessive PAIL theh
the Supreme Court OF Appeals or any
Judge Thereon l4 FtN~tANt".'f ~t+~''
tfuon of the said person shall at once or
der him 10 be- brought before said court
or Judge i'm order that q motion may -
made TO admit him % bail, ana upon such
motion the said Supreme Court OF APP
meals. or Judge thereof IN vacation shan
hear testimony and admit him TO pan or
remand him 10 JAIL
II haU DE refused. or II excessive BAH
be required OF such person by a. corpora
an
ton Court, or the Judge Thereon III NdS@-
tion. then the supreme Court OF App,a'9'
or any one Judge thereon III Nac"',oi,,
urou the petton of said person. shdi
a.. orce order him 10 be brought before
said court. or judge in VACATION III oIu'l
that "a motion may Dee made 90 admit MN
in haN. and upon such motion the said
courf or Judge in vacation. shah near
testimony and admit him 10 balt OF TO-
mand him TO Jail.
III. other court or Judge shall admit
person accused OF criminal oiiehco I'D
bail. otherwise than Is heretofore pro-
yidel. except that such person may pe
admitted 10 bail under Section S''l OF lhe
Code of Virginia. and except also tltt
v,hDu such person is held for trial in
81 County Court and the said court is
NOT in session. and the Judge thereon Us
sick. or absent from the county, then
the proceedings To- secure ball whlch
would have been proper AS herein before
stated before such court or Judge thereoI
in vacation shall Doe allowed before me
County Court. or the Judge thereof I'D
vacation. Of any county adjoining me
one in which the said person Is held for
trial. and except also that when such per-
son is held for bail IA a. Corporation
Court. and said court is sick or absent
from his city then the proceedings - See
cure BAH. which would have been proper
as horeinbefore stated before such court
or the Judge thereof 100 vacation, shail
be allowed before The nearest Corporation
Court. or the Judge thereof in vacation
10 the city in which such person IS held
for trial and except also that when
such nerson may De admitted 20 bail by
a Circuit Court or the Judge thereof IN
vacation. as herclnhefore provided, and
said court he not lu session. and the |
Judge thereof is sick or is absent from
his circuit. then the same proceedings 10
secure BAIL which would have been |
proper. as here.uOei0re provided before !
said Circuit COuTt. or the Judge thereof |
in vacation. shall Doe allowed before the !
Circuit Court. or the Judge thereof in |
vacation of any circuit adjoining the one |
in which such person ls held for trial.
I'm any OF the three last excepted cases
The Court. or the Judge thereof i'm va
cation. 20 whom petition is made. shall |
at once order said person held for trial |
10 be brought before said court. or Judge, |
and. up0n motion. shall hear testimony |
and admit him 20 bail or remand him TO |
JAIL
RESULT OF THE GOLD BRICK.
This amended section differs from the |
old in that It locales the courts i'm which |
application for bail may be made.
This amendment was the result Of the |
famous Gold Brick case in which bail |
was secured FOR Parker by u |
writ OF hahcas corpus. being carried |
before judge in q distant part OF the |
state.
II Judge WITT refuses bail. tho case will
he carried before the supreme Court OF
Appeals.
In 10 is decided that Judge Wickham
has not Jurisdiction. Captain Wise can
secure TwitcholIs release upon the
ground ~ unlawful detention. He will
then be brought to the city jail. and the
case will come regularly into the Hust-
inrs Court.
Under the recent enactment Judge
Wickham has 10 right 70 grant bail II
he has not jurisdiction.
This is the first case 70 come up in
Richmond under the new law.
Justice Johns Court.
Alfred Black. a former employee OF the
August Grocery Company who fled 10
Newport News some time ago. was charg
ed with stealing 81 from that company.
lie claimed that the company had en-