Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-12-13
No No. Bail b | FOR West.
Supreme Court Denies Petition For
Writ of Habeas Corpus For 81:
55ss# s.ss az. w. E. est 55s
Defendant is Not Entitled to Bail as a
sssa:E s3 Matter Of Strict Legal N NJ
II s$.sa Right. :, :
Denial Petition on this Ground Does
= Not Bar Another Application
Il NJ. On Other Grounds. -'s

Not Bar Anotner application
It ~. =. On Other Grounds. s's
The supreme court has denied the ap-
plicaItion made by the attorneys of w.
b.. West of Grand Forks, accused Of
killing Frank March, for a writ of ha-
beas corpus and the admission Of the
defendant to bail. The decision in
the case is one of widespread interest,
and is as follows: ~ s$$ ~..-.
@Habeas corpus to obtain bail, con-
zstruinga section 6, state constitution,
and section SAG, Revised, Codes 1890:
Held, That in capital cases the accused
is entitled to bail before trial, as mat
ter of absolute right, unless the proof
CT guilt is evident or the presumption
thereof is great. AL.
Held, further, that in other capital
cases bail may be granted or withheld
'as matter of judicial discretion to be
exercised either by the district or the
supreme court, or by, the judges there
of. = - . -
| Held further, upon the facts here
presented and for reasons stated in the
opinion, that bail will not be granted
in this, case upon this application,
either as a sltrict legal right or; as a
matter of discretion. ...@. ~;
(syllabrs by the court.o " sa,...
T. Application for writ OF Ehabeas cor
| pus. r ~ " :. +, ,%. - 10 :.4g 80 -
sCochrane & Corliss for petitioner.
r. J. B. Wineman,; states attorney of
Grand Forks county, for the state.
Wallin, g. ". y In this proceeding
| 1.-The petitioner, William E. West, n by
| his attorneys, Messrs Cochrane & Cor
liss, has presented to this COURT a veri-
|. fed petition asking that a writ of ha-
Ebeas CORPUS shall issue out Of this
court directed to the sheriff of Grand
Forks county, commanding him to pro-
duce before this court the body of the
petitioner and to show cause by, what
authority the petitioner is detained
without bail. and this Ito the end that
the petitioner be admitted to: bail by
| this court ts.sa% EXIT,
Ait the time OF the presentation of
said petition the state was represented
Iby j. 3. Wineman, ESQ, states attor-
ney for Grand Forks county, and the
petitioner was represented byShis said
attorneys, Cochrane & Corliss; where
upon it was stipulated between eoun--
sci in open court that the writ need
not issue IN the first instance and that
| the facts and merits of the application
should be presented to the court and
heard Sand determined by the court
upon the appli icationi for the writ and
that the evidence and matters Of fact,
as embodied in the petition for the
writ, should be held and considered by
the court in all respects as if the same
had been embraced In a return made
| by the sheriff in response to the writ.
The uncontrayerted facts, as set out
IN the petition as grounds P Tor Inc re-
LEI which ls sought py the petitloner,
are as follows: Upon a warrant of
arrest issued by by~a. q justice &C. of the peace
lonthe Bird day ct December. t.1 1901, Itl'
Whera9lpon, after q preliminary exam an
nation of the Petitions. was had be
fore said Justice OF the peace, an AZ order rsl
and finding was entered N the docket l'
OF said justice OF the peace TO the effect
that 5tl the crime Of murder had been been
1e'1 ceoramitted IN Grand Forks county and
that there was probable cause az e to be-
|lieye that the petitioner was 21s guilty
thereof ana ls said finding and order W