Worcester morning daily spy., 1898-01-22
THE REED CASE,
Judge Hopkins Denies a Writ Of
Habeas Corpus.
Colonel Gle Files Petition to Have the
Alleged 6unco Mans Bail
Exonerated.

| Directly after the grand jury had re-
ported it's indictments in the superior
criminal court, Friday morning, before
Judge Hopkins, Col. Gile filed two Pc
titions, one praying for the issuance of
writ of habeas corpus that John Reed
might be brought here to answer to any
charges before him at the present Grim
inal court, and the second to eXonerate
the defaults Of BAIL Col. Gile, in ad-
dressing the court, said he desired Reed
to be brought to this county in order
that he might be able to fulfill the terms
of his recognizance to appear before the
criminal court next Monday. Col. Gile
said the defendant simply wished to eX-
onerate his bail and fulfill his oblga-
tions. District Attorney Parker, in op-
position, said that at the present time
Reed was held In MiddleseX county
without bail, having been arrested on a
capiaS without the commonwealth, and
that he did not care to have any action
in this county interfere with the pro-
ceedings in the county where Reed is
detained. A man taken on a capas
can not be released except on the rec
ommendation of the district attorney;
or at least that is the usual procedure
Mr.. Parker said it did not appear that
there was any indictment against Reed
and 20 have Reed brought here would be
an attempt to have the proceedings of
another county revoked.
Col Gile said that it was simply a
motion that Reed be brought here to
eXonerate the bail before the criminal
court, which he gave at Clinton to
await the action of the grand jury, upon
which he had not been defaulted The
court denied the motion for a writ Of
habeas corpus to bring him here, upon
the ground that he would not be de-
faulted until the time fixed for the trial
District Attorney Parker said that Reed
would be brought here by the govern
ment, and, in view of this, the court
ruIeo that the defendants motion would
not be necessary to protect his bail.
Ihe second petition presented by Col.
Glle was with reference to the case Of
obtaining money under false pretenses
from Farmer Brown in Gardner. in
which Reeds bail had been declared de-
1aulted at the Gardner district court
Dec. 29th, but in which Col. Gile said
the court had no final jurisdiction. This
was the first term i'm which Reed could
be held to appear for trial Reed is
now held in MiddleseX county to await
the action of the grand Jury for the cr,i-
m1nal term which opens in February
and if he is held there in custody to
await any Indictment that may be
found by the grand jury there, his bail
will necessarily be exonerated. This is
| the important point in the Reed cases.
involving $18,500, and this petition will
be filed in the several counties where
defaults have been recorded If Reed
| had not been brought back by the
| government and held to await trial in
! the several counties the view of the
| situation would be different amounting
to the default. The defence confident
| ly expects from the terms of the statutes
that bail can be eXonerated even after
default, when the defendant is confined
by process of the court, thus preventing
him from appearing.