The Wichita daily eagle., 1903-09-24
RALPH Balm
GETS FREEDOM
Man Accused of Murder Is
Out of Jail.
BOND FIXED AT $4,000
Judge Dale Decides Habeas
Corpus Case.
BOND FIXED AT $4,000

The big iron doors of the county jail
swung open yesterday and Ralph Balm,
who is charged with the murder of Will
liam Flynn walked out in the bright
sunshine once more free man The
man who has experienced the awful SEN
sation Of entering one of the narrow cells
ing the click of the big strong lock that
is to keep him there can put proper
estimate OH liberty and Balm did not con-
ceal his pleasure OF being free
AS was foreshadowed in the Eagle of
yesterday Judge Dale held that Balm
should be allowed to give bond for his
appearance at the next term OF the dis
trict court and he placed ii at 5000.
Judge Dale appeared at the court house
yesterday promptly on time at half past
eight o'clock to hear the evidence in the
habeas corpus case. People did not ex-
pect that it would come up so early
and there was not a very large crowd
present.
County Attorney Eckstein and the at
torneys for Balm. Adams & Adams and
S. B. Amidon had agreed to the state
ment of facts as shown by the evidence
at the preliminary trial in Judge Alex
ander's court so as to avoid the expense
and time of again hearing the witnesses
After a careful consideration of the
evidence as submitted Judge Dale de-
old al hot Daf,,
give bail and in announcing his decision
said:
Well, gentlemen, I have had ideas
upon this subject at one time that were
very strong; l had both when l was
county attorney and when | was in the
practice; and that was that there were
cases where parties committed murder
or were charged with the crime of muir
der that they should not have bail
have those ideas yet, but there is a
court that is superior to this that has
different ideas. There has never been a
case that I know of since I have been
has refused bail in a murder case If
there is one l don't know of It, Every
case that l know of or have heard of.
in every instance that court has granted
bail. no matter what the evidence might
show. 1t did in the Shea case where
refused it. They did In the Morrison
case in FL Dorado where the district
court refused it. Did in the Dewey case
and in numerous cases. They did In
another murder case from FL Dorado
that | know of. but in one case fixed
the bail at $4,000 So, as ! say, they
always fix bail The justice of the peace
or the examining magistrate did a very
proper thing in not allowing bail in a
case of this kind / don't think he has
a right TO do it. I have always thought
that under the statute that where It
came withia the view that he announced
in this case the presumption great, etc.
that it was his business to commit with
out bail and let the party bring an ac-
tion of habeas corpus in the district
court to pass upon it. ] think that is a
very proper proceeding. and l think the
judge of the city court did properly in
this case under the evidence as disclosed
in committing without bail. But II is
my duty under the decisions of the su-
pTeme court to allow bail in a case Of
this kind I said l had different views
at one time. different views in regard to
the law. l have no personal interest in
these matters and care nothing about
it one way or the other. but that was
simply my view Of the law in this state
Since then. as | said, the supreme court
has adopted a different theory in all
these cases. or had before perhaps. and |
pronounced it very strongly. so in this |
case. gentlemen. shall allow the de- |
fendant TO give bail ] shall fix the bond i
at s.. .0o0''
The bond was signed by Mr.. BAN I
and his wife and T II. Mahan and L. B I
Garcelon. Mr.. Balm is said to have pro- /
perty that is worth eight or ten thous- /
and dollars and there quite a number OF |
people about the court house and in /
other parts of the city who took occasion 1
to express their pleasure of the proceed (
ings by remarking that a man who had 1
money in Kansas could get whatever he !
wanted and that the rich are above the /
law
Such people forget that Judge Dale .
with the law to the letter and (
he gave the impression that his senti- .
ments were not IN harmony with The 1
law Tho supreme court OF the state 1
has the right to construe laws passed b. |
the legislature. That IS what supreme
courts are for and their construction is
the law Under the laws Of this state
Ralph Bain had n right 70 be given
bail The poorest man in this city would
have the same right and would get 1t IL
he could give the bond