The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-10-08
BEST AND FARRIS FREE
WERE RELEASED BY JUDGE
PURNELL YESTERDAY.
REGISTER CASE COMES UP TOMORROW
Points involved are Whether Act of 1899 Was
Retroactive and Whether Life Prison
ers are Entitled TO Time Al
lowed for Good Conduct.
lowed for Good Conduct.

The lawyers are having a merry time
with habeas corpus cases just now, the
questions involved being wether pris-
oner sent to the State prison for life
but committed to a term of years, is
enfitled to time allowance for good
conduct from the date of his incarcera-
ton or only from the date when his
sentence was committed, and wether the
Act of 1899 changing the good conduct
allowance from 3 to 5 days per month
is retroactive and takes effect in each
case from the date of incarceration or
from the date of the passage of the act.
Some of the cases involve both of these
points and some one only.
The case of John McMahan, sent to
the penitentiary for life and Subsequent
ly committed to term or years. was
argued in the Supreme Court yesterday.
This case, it will be remembered, was
argued before Judge Montgomery on
September 18th and his honor refusing
to release the prisoner the case was
carried up by consent of counsel. The
case for MoMahan was argued by Mr..
j. G.. l.. Harris, while Mr. G.. NJ. Bus
bee appeared for the State Prison.
The contention of Mr. Busbee was
that the explicit declaration of Section
3445 Of the Code: EVERY prisoner
who may have been sentenced for a
term of years." did not apply to con
vict who had been originally sentenced
to Imprisonment for life unless his sen
tence was comnuted by the Governor
IN INN mr. for .f
and then only from the time of such com
mutation.
Mr.. Harris contention was that when
the Governor COMMITTED a term OF life
Imprisonment to Imprisonment for a
term of years that such communication
took effect as Of the date when the sem
tence of life Imprisonment was imposed
and had the effect TO change the original
sentence TO Imprisonment FOR term OF
years, and that therefore the prisoner
was entitled TO his time allowance from
the date of his Imprisonment the
3 days in any case and to the days
if the law of 1899 is retroactive, which
Mr.. Harris contended was the case. The
court may decide one or both of the
points above stated in this case or may
decide the life prisoner question with
out passing ON the retroactive feature
1t reserved its decision yesterday.
TWO PRISONERS RELEASED.
Judge Purnell yesterday released Jep
Best and Bud Farris, brought before
him on habeas corpus proceedings. Both
are United States prisoners sent up
from Charlotte ON June 18th, 1898, for
moonshining in CASTOR county. Mr.. j.
~ IL
and Captain Day was present in behalf
of the State Prison., but did not contest
the case.
After hearing argument Judge Pur-
nell ordered that both prisoners be re-
leased holding that Chapter 457, Laws
of 1899, making the good conduct time
allowance ) instead of days was ret
roactive. In the case of Frank Bena-
field, decided sometime ago. the same
point was involved and Judge Purnell
held:
''It is therefore ordered and adjudged
that petitioner, under Section 5544 Re
vised States of the United States, is
entitled to the Communication allowed by
the Rules and Regulations of the North
Carolina penitentiary, prescribed in sec
ton 3445 of the Code, as amended by
chapter 457, Public Laws of North Car
DINA, 1899 Gin re Willis, SO f. Il. 14S),
and committing his term of imprison-
ment under this rule said prisoner is
entitled to his discharge"
THE CASE TOMORROW.
AT 10 O'Clock tomorrow morning JUS
tice Montgomery will hear the case Of
Lewis Register sent up from EdgecomDe
county for life and committed to a
term of Is years. This case involves
the question of whether the act of 1899
was retroactive and also the question
of whether life prisoner who has been
committed is entitled to good conduct
allowance from the date of his inn
prisonment.
One difficulty in all this class of
cases is that no record or the conduct
of life prisoners is kept until their
terms have been committed ana it is
difficult to tell whether their conduct
has been good or bad.
LEFT FORTUNE TO SCHOOLS.