New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-04-07
GIVES PRISONER LIBERTY
Justices Decision S3jJ To Be
Without Precedent.
ERROR M JURY DISCHARGE
Young Stable, Tried for Muir
der. Set Fnee-Appeai by
District Attorney.

- = decision Ssis. 10 ne without a pr-ce-
cert In tho Jurisprudence % th.s stale.
Juelfoe New burger. - the supreme Court,
veSierdav sustained Tho writ ~ hab,as
co~pus sworn out for'1he release % Vincent
: Stable. charged with ;he murder Of
John SIcCrath Justice Ncwburger ordered
The prisoncG set free on The ground that
judge Grain - the Court 81 General Ses-
sious. had erred in preuaturely discharS-
fnZ The 1ury while celebrating on the case
counsel for Stable commended that the state
could not again place him in jeopardy Of
Ms life. Stable viii he released to-day, al
though BE- was announced that The Dlstrlct
attornev viii take an aIgeal.
The sury iu the Stable case was ont five
and half hours. when Judge Grain sent
for b. and asked the foreman whether u
had reached q verdict The foreman re-
piled. Noi vet" nhereupon Judge Grain.
Without I.e consent Of the defence. dis
charged The jury.
Part OF Section as Of the statutes pro-
,-ides that after the jury is out reason
able time. - the jurors declare that they
~ unable go agree. they shall Toe DIS
charged. IN the Stable case the court did
TOT ask whether the jury WAS likely 20
cone 10 ~ agreement The defence de
clarcd that the jury would have agreed If
time 81 its discharge ten or its members
stood for acUllttal
Justice NeSsburrer said IN his decision
rhat no request was made FOR tire discharge
~ the iury. tire jury did not declare itself
unable 70 aEree. and that II was discharged
vIthoat me consent OF the defonce. Jus
Iioe Newburger adds.
4 am Of the opinion. therefore that the
DISCHARGE by the learned Judge Of the
Court 81 General Sessions Of the jury in
this case was without warrant and that
no circumstances whatever existed calling
for the exercise OF the discretion 81 the
court and that such action is a bar to the
subsequent trial Of this rclator on the same
Indictment"
Justice NeWburEor took up the argument
- the District Attorney that Stables rem
edy was not I'm Ia 7ess corpus proceeding.
The court replied that this was Stables
only remedy. The court pointed out tlat
the only case In which the defendant nay
appeal is from a judgment in conviction
after indictment.
District Attorney Whitman was IN Al
hany vesterdav bat Robert S. tombstone.
she assistant in charge of the appeal hu-
rezu or fhe District Attorneys Office.
stated last night that an appeal would he
taken from tho decision of Justice NeW-
burger. Judge Grain refused to discuss the
matter.
Mr. tombstone refused 20 approve papers
presented - him shortly before = O'Clock
fu the afternoon for Stables release The
Office Of the clerk Of General Sessions was
closed ~ tho time and Mr. tombstone said
he would wait until this morning TO make
certain that there wa no other charge
pending against Stable before consentinE
20 h.s release
Tho grounds for the appeal. hc said. viii
ho Tho same as those upon which District
Attorney Whitman opposed the motion to
sustain tIfo writ.
when Stable is released to-Ia1 as Ia BE-
expected He viii h'. pc viii Ice free to
leave the Jurisdiction OF tho courts ~ this
state or Of me- country. if De SO desires
There D. no proceeding" Said ar john
stone that viii act a. stav. 60 insure
lil presence i'm the event ~ 'ro decision of
JI-tirs NeUburger being reH er~ed.'
II fTe decision lE reversed hy the higher
courts. the indictment viii stand and sta
bio VIII De placed on trial again.