The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-01-11
MANSFIELD MUST STAY.
Judge Lfppincott Refuses to Let the
Gambler Out of State Prison.

Justice Lppincott this morning denied the
application made some days ago by Allan L.
McDermott for a writ of habeas corpus IN
the case of Isaac Mansfield. who is serving
a term of one year in State Prison for keep
ing pool room. technically known as a dis
orderly house The application was made un-
der the law which requires that convicts who
are sentenced more than six months I'M
prisonment and not more than eighteen months
must be confined in the Penitentiary, If there
is such Institution in the county where the
conviction Is had.
In giving his decision Justice Lppincott
said
The contention is founded the provision
of an act requiring that in counties wnere a
penitentary is located prisoners sentenced to
terms exceeding six months and not exceed
ing eighteen months shall be sent to such
penitentary and not to State Prison, provid-
ing that such prisoners have not previously
served, term in State Prison, In which case
either State Prison or the Penitentiary Hlgnt n
be selected. In this case 1t is conceded that
there is penitentary in the county ana that
the defendant has never previously served "a
term in State Prison.
1.-THE statute bearing upon the case was
reviewed thoroughly in the case OF the state
against Bindernagle. in which an opinion was
filed by Justice Dixon. In that case 1t was
held that the place of Imprisonment constl-
tuted no part of the judgment of the Court.
In dischargng the writ asked for do SO on
these grounds
First this judgment has been carried into
the Supreme Court and affirmed, and then to
the Court of Errors and Appeals and again
affirmed, and in accordance with this affirm
ance the prisoner has been taken to State
Prison. He has had his review and the result
is that the court of last resort has affirmed
the Judgment of the General Sessions Court
1 think that the judgment of affrmance IN thls
case is conclusive
'.It may be that the defendant is entitled
to a rehearng in this case, at which addi-
tional errors of Judgment might be presented
to the court of last resort Whether the de-
fendant has any remedy l cannot say. tor
one Justice to attempt to review the proceed
ings of the Court of Errors would be impos-
sible. .
.sIn the second place, consider that this
Judgment is not voidable. The statute pro-
vtdes as an extreme penalty under convic-
tion of this kind Imprisonment in state Prison
for two years at hard labor. Under the varl-
Gus statutes the defendant was sentenced IN
the Court of General Sessions to serve term
in State Prison instead of the Penitentlary
The Court of Errors and Appeals held that AZ
that judgment was not invalid in the case OF
Bindernagle. On review 1t might be subject
to correction. The designation of State Prison
was no part of the judgment and could pc
eliminated it was held. But the judgment OF
the Court was that the prisoner be confined
at hard labor, and the designation was
State Prison the Court held it proper. The
sentence of Imprisonment at State Prison re-
mains as valid as the judgment of conviction
I hold.
'I further hold that the decision of the
court of last resort cannot be reviewed on a
writ of habeas corpus There is no such thing
as a review of Judgment of the Court of Errors
on habeas corpus. The statute directs that
errors of Judgment cannot be corrected by
habeas corpus. A writ of error is the only
Mansfield will be obliged to- complete his
term in State Prison. He has been there
since June 28.