The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-11-04

After several days OF arguments.
during which times questions of con-
Sututional law were quoted which
have never been passed upon by a
court, the habeas corpus proceedings
Instituted by w. S. Harlan, Robert
Gallagher, c. C. Hilton and S. E. Hug
gins, came TO a close in the United
States court yesterday afternoon.
when Judge ThOs G.. Jones, of Ala
bama, denied the writ applied for, but
allowed the petitioners bond pending
decision by the United States su-
preme court to which the case will be
appealed.
This ends, so far as the local courts
are concerned, one of the most cele-
brated criminal cases which have ever
come up here, and in which the attorE
neys for the gOveTnmnt and for the
dtioners brought up many points
bearing on constitutional law. That
Judge Jones is one of the most able
and learned jurists of the South was
shown by the manner in which he
ruled on the questions brought before
him.
Col. W. W. FlOurnoy, chief counsel
for the petitioners, brought out many
points in his argument of Tuesday
afternoon before the court, his anaIy-
sis OF the case being exceptionally
brilliant
The governments case was ably
looked after during the proceedings
by Hon. r. Pope Reese, special as
sistant to the attorney general, who
made the arguments OF the opposing
counsel, and came out victorious by
the decision of the court
WILL APPEAL AT ONCE.
Counsel for Messrs. Harlan, Gala
CHER, Hilton and Higgins wifi appeal
the case at once direct to the United
States supreme court, end it is antiei-
pated that a decision will be rem
dsred within the next sixty days.
The higher court will be called upon
to rule upon three new questions Of
constitutional law, which have been
raised by counsel for the petitioners.
and the decision will be awaited with
much interest. In granting bond
Judge Jones fixed that Of Mr.. Harlan
at $4,000 and the three others at S4,-
900. There was a large number of
prominent PensacOlians in the court
room when the announcement was
made and T. A. Jennings, Morris Bear
and A. Greenhut came forward and
signed the bonds as sureties.
THE COURTS DECISION.
The decision of Judge Jones is as
follows:
This is an important case, and has
been argued with zeal and ability on
both sides, and / have thought it
proper, therefore, to outline the rea-
sons which control the Judgment of
the court in the petition for writ OF
habeas corpus.
The petitions for the issue OF
WT1ts in these cases were framed TO
bring them within the doctrines OF
nvsH Of nj
States. IN Hans Nelson, petitioner,
13f Z. s. 1852 and ex parte Balm, 121
Z. s. 1876, where the supreme court
discharged prisoners under sentence
OF a court which had Jurisdiction of
person and subject matter, because in
the progress Of the causes there has
been, as here claimed, a violation OF
some fundamental constitutional right
Of the prisoners. The petition here
alleges that the circuit court OF the
United States for the northern district
of Florida had no Jurisdiction TO try
and sentence the prisoners, it being
alleged among other things, that there
was no legal term of the court. at
which the convictions were had; that
the indictment on which the trial and
convictions were had, were rot in fact
found by a grand jury, that no evk
dence was offered before the grand
jury in support Of the indictments,
that the sentence and convictions
were illegal, because the petitioners
were sentenced to imprisonment at
hard labor in the penibentiary, where
as the statute only authorizes fmprfs-
Onment in the penitentiary; thas
since the convictions and sentences
the president had committed the SEN
tence TO six months Imprisonment,