Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-12-28
Reasons for Issuing Order.

TO Acting Clerk Hodges of the Court OF
Appeals until today, for the reason that
Chief Justice Alvey desired that it should
be accompanied by the reasons why the Or
der was signed. These reasons in the form
of q written opinion, follow:
This Is an application TO be admitted to
bail by the appellant during the tendency
of the appeal.
The appeal is from an order of the court
below refusing to discharge the appellant
on habeas corpus from a commitment for
contempt found against the appellant.
and wherein he was fined s25 and s. costs
and committed to jail for ten days The
fine and costs have been paid. but the APP
pellant remains in prison under the SEN
tence imposed. Appeals have been taken
and perfected, and fled in this court both
from the finding and judgment In the mat
ter of contempt and from the refusal to
discharge the appellant on habeas corpus.
The ground alleged for both appeals is the
want of Jurisdiction in the court below to
commit to and refuse to discharge the ap-
pellant from prison. 1t is only upon the
ground Of the want Of jurisdiction that an
appeal to this court would lie in such case
as the present.
IF, however, bail be not allowed during
the tendency Of the appeal, the mere right
of appeal, If such right exists for the
cause alleged. would be without beneficial
effect and valueleSs to the party. 1t would
seem, therefore. eminently right and proper
that the party should be admitted to bail
during the tendency of the appeal under
Rule NJ Of this court, and an order will be
signed accordingly. Precedents for this
may be found in In re Ayers, 123 q. s., LA,
145, and other cases on habeas corpus,
whore the applicant was imprisoned for
charge was the want of jurisdiction in the
court making the commitment See case
Of Swan, 80 Z. s., 631.
Order for Release.
Mr. William w. Stewart this afternoon
qualified as surety in the sum of $500. and
Associate Justice Morris of the Court of
Appeals, whose home is in this city, signed
the following order:
1T appearing to the court that a proper
bond has been entered into in the above
entitled cause. it Is ordered that John 4.
Moss be. and he Is hereby, liberated from
the custody of James H. Harris, warden of
the United States jail, and the marshal of
the District of Columbia is ordered to ex-
eCute this order.
Upon receipt of the foregoing order she
marshal promptly sent instructions to the
warden of the jail to release Moss, and the
latter was 'thereupon liberated.
The Alleged offeEse.
1t will be recalled that Saturday, the 18th
instant, Moss was cited to appear before
Justice Wright and show cause why he
should not be adjudged guilty of contempt
1t was alleged that while the jurors i'm
paneled in the Butler murder case, return
ing to the city hall from breakfast. were
passing Moss Office, the latter remarked:
Not guilty. gentlemen; not guilty
The incident was reported to Justice
Wright in whose court the Butler case was
trial.
Moss explained to the court that he may
have said, Good morning. gentlemen to
the jurors. but that his words. mot
guilty" were addressed to w. Calvin
Chase, who was on The opposite side of the
street, and related to a matter entirely
foreign to the Butler case.
Justice Wright declined to accept the ex-
cuse, adjudged Moss guilty and sentenced
him to Imprisonment for ten days In Jail
and to pay fine of s25 and costs, and stand
committed until the fine and costs were
paid.
A petition for writ Of habeas corpus was
presented q day or two later. and Justice
Wright directed that the writ issue. but
when the prisoner was taken before him,
declined to hear arguments of counsel dis
missed the writ. remanded Moss to Jail and
after an appeal to the Court of Appeals had
been noted. declined to admit the prisoner
to bail pending disposition of the appeal.
The proceeding Is being watched with in
terest and many regard the action by the
court of appeals in admitting Moss to bail
a precedent in this jurisdiction.