Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-09

not be set at liberty. Bond was fixed In
the sum of $4,000, the amount of bail al
lowed in the case of Frank X Ward for
whose release District Attorney Baker ad-
mitted he was BILE TO find that any spe-
cial reason had been assigned. ]. Van Meas
Philip and Miss Elizabeth Philip, brothes
and sister of the accused. qualified as sure
ty on the bond.
Justice Wright in speaking to a Star re-
porter after court adjourned said: 1T Ia
always and everywhere the general policy
OF the law not only TO hold persons charged
with crime innocent until proved guilty, but
also to admit them to ball if they can offer
such security in the judgment of the
court will assure their presence for the
purpose of standing trial
The statute of the United States which
empowers the court to take bail In capital
cases contemplates that the court shall take
into consideration the nature and circum-
stance of the offense charged, the identity
of the prisoner and the character of the
security offered and determine from q
consideration Of all these whether the ac-
cused will appear for his trial when called.
If the court finds that he will, then IL Is
not only the courts power, bat the absolute
judicial duty of the court to admit him to
bail. The word discretion does not mean
that the court can determine a matter ac-
cordlnS to whim or caprice, favoritism, or
the opposite; when such a showing is made
satisfies the court that the accused will
be present for his trial. the exercise of
and judicial duty which the court must
discharge. In my experience in the prose-
cutor's office and on the bench in Cincin-
natl l do not now recall a single case Of
murder wherein an application for bail
was denied, where bond In sufficient
amount and with sufficient surety was Of
fered. My experience there may account
for it, that l cannot escape the conviction
that where person charged with A capital
offense satisfies the court that the bond Of
tered will insure his appearance for trial
Tic laG an "a a rn q r
ter of right"
Philip in Court.
Philip came into court about 10:45
o'clock in custody Of Deputy Marshal
Springmann and accompanied by his
brother, Capt. ]. Van Ness Philip, and his
counsel. A. A. Hoehlng, jr., and Henry e.
Davis. Philip was neatly dressed in
gray suit and carried n straw hat in his
hand. He appeared TO be in perfect health.
The confinement in The Jail had seemingly
not affected him. He looked, however, as
though he fully appreciated the gravity
of the charge against him and when called
for arrangement approached the bar and
resting his hand the railing listened
attentively while Clerk Frank w Smith
read the indictment.
In answer to the usual inquiry as to
plea Philip responded in clear vo.ce not
guilty" He then stood at the bar as
though not knowing what to do next I'M
til requested by his counsel to be seated.
Attorney Henry T. Davis then addressed
the court asking that PHI lip be adm tied to
bail. District Attorney Baker objected and
Justice Wright stated that he would hear
the government If ii could snow any reason
why the motion Should not be granted Mr.
Baker read several ca -cs, In which bail had
been refused. and stated TO the court that
the records of this jurisdiction showed but
three cases in which bail had been allowed
These cases the record showed III heath Of
the person charged to be the basis for the
release. Mr.. Baker contended that it was
necessary to show some extraordinary rea-
son why court should exercise the d.scre-
ton vested In ii by the statute. That for
minor crimes II was the courts duty TO fix
merely the amount of the bail but in cap
ital cases the court should look thoroughly
INTO the case, even hearing evidence before
admitting to bail. and that the government
should have the right to cross-eXamine any
witnesses that might be produced to show
an emergency requ ring bail.
Amount of Bail Discussed.
At the conclusion OF Mr.. Bakers remarks
accused the court announced his rule that
bail would be accepted. He then asked
counsel TO name the penalty of the bond.
Davis informed the court that
bail i'm the Ward case was fixed at SD 600.
n the kincaid case at S2o,Ooc and $4,000
n the Williams case. He suggested $4,000
the largest amount ever required. TO this
Mr.. Baker objected, asking the bail be
liked at $50 600 as he was informed that
he accused was possessed of ample means
md $1,000 would be a small consideration
G him. The court decided that S25 eco Sc
;urity would be ample
The case Will probably be called for
rial next November, and, while no in