The Hartford republican. (Hartford, Ky.) 18??-1926, 1909-05-14
OPINION STANDS
AS FIRST WRITTEN.
Court Of Appeals Denies An.
derson's Petition.
For Modification and Extension
Of Ruling on Question Aris-
ing in Former Trial.

The court OF appeals has refused TO
extend or modify its opinion In the
case OF the commonwealth of Ken
lucky against T. s. Anderson, where
lin the defendant was convicted of
false swearing in making oath to a
statement of the condition OF the Da-
viess County Bank and Trust Com
pany and appeal tken to the Court
of Apeels and the Daviess Circuit
Court reversed on tie grounds of error
in the refusal Of Judge Birl1head to
vacate the bench and in oveTruling
the motion for change Of venue to a
county other than Davies.
Application for modification and ex
tension was made by Anderson, every
point upon which i've relied fer his de-
Tense having been eliminated by the
opinion of the appellate court, in
which it was held that the notary
public who swore Andersen TO the
statement WIGS qualified to administer
the oath, that the evidence was suffii-
Gent to support a conviction and that
confinement in the penitentiary for a
term Of three years would not be ex-
cessive.
Petition for modification and extern
So. having been disposed of,Ande--
son is entitled TO bedl, and his sntor-
neys say that he will be cut Of jail
Within the next three or four days.
lie can be admitted to bail when the
mandate Grives, but there is some
question as to whether the order can
be made during a recess of court. AT
torneys for Anderson affirm that the
clerk of the Deviss Circuit Court is
the proper person to take the bond,
and that he may take it ct any time
after the mandate Of reversal arrives.
Anderson has been in jail since Jan
nry, wien he was convicted. But
for dds petition for modification ana
extension CT opinion, ne might have
been released Immediately following
the judgmnet Of reversed In tie court
of appeals, six or eight weeks ago.
Anderson wGs released from Jail
shortly before noon Saturday, hav-
ing executed bond in the sum Of ST.
600 The mandate Of thee curt OF APP
peels, reversing the verdict Of the
Davies circuit court and giving him
a new trial, WIS received by the
Circuit Clerk during the morning,
and arrangements were Immediately
made for executing bord The sure
ties are John ReinhG,6t, DIR. ]. H.
Hickman, S. w. Tompkins and Fred
A. VanRensselear.
The amount Of bond was fixed in
the mandate, and, though IT appears
rather small, it does not represent
the bond under which Anderson
really stands. He was already IN
der bond in the sum Of $4,000 on
one Indictment and $1,000 on an
other, these being indictments that
have not been called for trial.
Anderson left the Jail and went
to his home without being seen ex-
cept by those at the jail. After the
bond had been executed. Mrs. An
deTson went to the jedi and visited
the cell of her husband, as her Gus
tom has been. Shortly Afterwards e
closed carriage drove up. They en-
tered the carriage and were driven
TO their home on FTe6erica street
Before leaving the jail, Anderson
said goodby TO j. A. Harris, recently
incaIrersted after being convicted
Of attempted arson. Harris and An
derson were formerly associsted in
business and have occupied adjoin-
ing cells since Harris has been in
Jail. Anderson, when saying fare
well to Harris, expressed the hope
that he would shorty be released.
Anderson shook hands with several
other prisoners before leaving the