The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-02-21

TAHoocHEE ON REPORT OF
NEW COMMISSION.
George c. Scudamore is to be again
examined for the purpose of ascertain
ing whether or not he be insane.
This is one of the moves and coun-
ter moves that have made the Scuba
more case one of the most interesting
of legal battles in the history of Es-
Gambia county, Florida.
Was Allowed Bail.
Court Commissioner Stokes ruled
yesterday in an opinion granting
writ of habeas corpus TO the defendant
that an insane person may be adj
mftted TO bail, and fixed the bond to
be signed for Scudamoreis appearance
at the next term OF the criminal court
a $4,000.
Lunacy Commission.
Then followed the application for a
second funacy commission, signed by
five citizens of Escambia county, and
fled IN the county court. AS soon as
fled, Judge BeIlinger appointed to
serve on the second commission Drs.
W. c.. Dewberry and K. F. Bruce, and
Mr.. J. y. Andrews. member of the
city council Of Pensacola.
The date OF this commissions in
vestigation has not yet been fixed. 1t
win probably be held today, however.
Defense Checkmated.
1t is said to be doubtful now If the
relatives of the insane man viii be
permitted 10 place him in sanitartum
located near their home in Illinois. as
planned.
Should this commission find him to
be insane, which 1T will undoubtedly
do, it is thought, in view of the find
ings OF the commission which sat on
the case last Tuesday, it will mean
that the Judge of the county court
must, under the law. commit him To
the hospital for insane OF Florida at
ChattahooQhee.
More Legal Questions.
On the other hand, 1t is said that
the argument OF the defense will be TO
bring out new questions " even more
delicate legal finesse, which it will be
necessary to decide before carrying
the insane man to Chattahoochee.
Stokes Opinion.
The opinion of Court Commissioner
Stokes's ruling that the defendant Is
entitled TO bail, is the first instance
of its kind in the history of Florida
Jurisprudence. 1t is as follows:
In the Circuit Court of the First
Judicial Circuit of Florida, in and for
the county of Escambia.
In re, George G. Scudamore. Habeas
Corpus.
This case comes on before me. in
the absence of the circuit judge from
the county of Escambia, on the re-
turn to the writ and motion to admit
to bail.
The question that I am called upon
to determine under the state of ths;
pleadings, is whether an accused per-
son otherwise entitled to bail, MAY be
denied bail solely on account OF his
mental incapacity TO carry on de-
Tense to the prosecution. At common
law an accused person IL not entitled
70 bail as a matter Of right The al.
Iowanee of bail was in the discretion
of the court even before Indictment
found. Counsel for the petitioner and
counsel for the respondent admit the
correctness OF this doctrine at tho
common law
Counsel for petitioner, however, con.
tend that this doctrine of the com.
mon law IS entirely abrogated by sec
ton nine Of the Declaration of RIghta
Constitution of Florida, which pro
vides as follows viz:
"All persons ghall be bailable By
sufficient snreties, except for capita
offenSes, where the proof Is evident
or the presumption great"
Counsel for petitioner contends thai
the phrase "alI persons" IS general IN
its scope and admits of no exceptions
or interpretations by construction. Blu
they cite me 10 no authority that Il
precisely IN point that sustains theii
position They say that after dill
gent research they have been utterly
unable co ind any authority On tbs
point either pro or con- They say
however, that the case OF Miller vs.
State, Il Tex 213, Is as 1sRr n poins
a. any authority that can he found:
and they also cips the case Of Zsmt
brad "a State, IS Tex. SIS, as being
persuasive. have examined these
two cases and am impelIed 10 the
conclusion that neither can throw
much light on the precise point hers