Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-08-10
ALFRED G. RYAN FREE.
Released by Chancellor Nicholson From II
Ferris Ind ustrInI Schnol.

discharged from the Ferris Industrial
School Thursday by Chancellor
Nicholson, in The Court of Chancery,
on the application of Hon. L. Irving
Handy, attorney for the parents of the
boy. The ground upon which the
Chancellor based his action was that
the commitment was defective, in that
it committed the boy to the Ferris Re-
form School, instead of the Ferris In
dustrial School, This was Mr.. Handy's
first case in court and he WAS con-
| graduated by the Chancellor and fellow
attorneys after the decision had been
given upon winning his first case with
SO much ease. He won't into the case
thoroughly and presented it in an able
manner before the court. The school
was represented by Judge j. Frank
Ball and David j. Reinhardt, who
also made an able plea to have the boy
retained there, but the defect in the
commitment was against them.
Mr.. Handy, in his brief, brought out
several points, the chief ones being
that upon which the release of the boy
was granted, that the word reform"
had been used in the commitment in
stead of industrial. y and that the
commitment did not allegc the offence
for which the boy was committed.
The court heard argument only on the
first point, and as the decision on that
| settled tho matter no further argument
was necessary. Mr.. Handy's brief set
forth that 1.-THE commitment of Alfred
G. Ryan is on its face at fault and
void, because it sets out no crime, or
offence, or charge cognizable before a
| justice of the peace We can only con-
lecture that this was u proceeding
against Alfred C. Ryan as an incor-
rigible minor of New Castle county
under the act Of 1885. This does not
appear ON the commitment, nor any
authority of the Justice to commit the
said Ryan to the Ferris Reform School.
This being special power in the JUS
tice it must appear by the commitment
under what law and by what authority
and for what cause the defendant was
committed. For want of it he should
be discharged from custody on habeas
corpus.
1.-THE commitment is to the managers
of the Ferris Reform School and does
not justify the retention of Ryan by
the managers of the Ferris Industrial
School. The name by which this cor
poraton is to be known is fixed in an
act passed February 18th, 1889. A
commitment must point out the place
of Imprisonment with precision.
This commitment does not allege
or show that Ryan was ever convicted
or adjudged to be 'incorrigible' or that
1T is requisite that he should be placed
under the guardianship of the managers
of the Ferris Reform School,. 1t
merely sets out that he is charged by
his father, ALFRED ii. Ryan, with being
incorrigible. A commitment to the
Ferris Industrial School is not for those
charged, but for those convicted, a
summary conviction by final process by
subordinate magistrate. The iuris-
diction Of Justice of the peace in
criminal matters is of three classes Of
cases; first, those cases in which the
proceedings before them are merely
preliminary that on the appearance or
arrest of the accused he may on due
proof Of probable cause be held to
answer the charge before a proper
court; second, cases of summary con-
viction in which they have power to
hear, try and determine charges for
particular statutory offences; third,
cases of surety of peace, &C., in which
they may require suspected party tC
enter into proper recognizances. A
Justice can no more commit those
charged in the second class than he
can convict those in the first class.
This commitment shows that A fired G.
Ryan is held charged, and therefore,
presumably, awaiting trial. and there is
no authority 10 hold him on such +
commitment at the Ferris Industrial
School,"
|
The brief stated further that tn,
commitment did not show that the bo,
was resident of New Castle count,
or the State Of Delaware; also that thu
commitment is null and void becaus,
it is not supported by any record, anC
that whatever right the Ferris Indus
trial School had to the custody of tn,
boy terminated on September Goth
1898, when he was granted leave of alb
! sence to remove with his father to tn,
State of Maine, which was done in ac
cordance with n resolution of the boarC
of managers of the institution on Sep
TENDER sth of that year. The brie
alleges that the board has no power tt
transfer the custody of minors com
mitted to its charge except by appren
ticing them, and the claim made tina
the leave of absence to go to Main,
was in effect voluntary escape. [
J was also held that the consent of tn,
parent to commitment of his child t,
q reformatory cannot legalize it, i
wrongfully made, nor will such com
mitment be legal if made.
Judge Ball, in his argument agains
the petition for the release of the boy
asked that he be held by tho cuur
, pending the summoning of tho com
hitting magistrate and witnesses t
' show why the boy should be retaine
, at the institution, But the Chancello
= held that this did not apply to a fina
l commitment, such as that in the pres
ent case, and ordered the boy released
The boy was in court with his parent
who are row residents of Trenton, N
3 j., and both embraced and kissed hir
: as soon as the decision was announced
: and shortly afterward they left til
Court House.
The boy, who is now II years of age
4 was committed to the school by Mapis
: trnte Medill of Newark. in January
v 1898. At the time he resided with hi
{ parents in this State, but ssrecently III
n parents moved to Trenton, N, D., an
/. desired to have the boy with then
+. The lad is bright and has an intelIiger
+. look and in all probability his inca
4 ceration will result in his leading
a better life.
IS 1t is thought there are other bo,
4 who We're committed in the san
}. manner as Ryan, and, under the ruin
of the court, if they are requested |
1 release such boys will probably do :
without further ceremony. 1t is n,
known whether there are many sue
N cases, but it is believed there are no
N Threw Her Baby to Hogs.
N Bridgeville. Aug. 2. - Mrs. We