Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1911-11-01

to furnish counsel on either side Il
transcript of the testimony when
called upon to do so. This Is denied.
but the chancellor has found it to be
50. and as the testimony is conflict
ing, we will, for the purposes OF his
case treat the finding of the chan
cellor on this point as being correct
Said stenographer subsequently made
a transcript of the testimony and
delivered the same, together with his
notes. to said petitioner herein, and
OF. July 81, 1911, the chancellor, on
motion of counsel for Rhea, who We're
p1eparing to bring the bail case here
for review, made an order dlrecti1s
tbe petitioner to file said transcript
with the clerk of the Pulaski Chah-
Gerry Court, and upon his refusal TO
comply with said order he was cited
fol contempt. On the hearing OF the
matter the chancellor adjudged the
petitioner to be in contempt ana III
posed punishment by fine and I'M
prisonment. -
! The first contention is, that the
! chancellor of this district had no au-
! thoritv under the statute to near ana
determine a question of bail Whefe
the prisoner was confined on COM
] mitment for crime in another count
! and district, and that his proceed
ines were without jurisdiction and
! void; but as the case is to be us
nosed of favorably to the petltlohei
ON another ground, we need not o1s-
c1.ss that point.
The statute makes it the duty OF ;
circuit Judge or chancellor to return
the proceedings upon a writ OF ma
beas corpus-to the clerk OF the Gil
emit court of the county in whlch Tn
writ was heard, or the court IN Whlc'
the writ was heard, or the III II
which the prosecution, if any l
n%ending." Kirby's Digest. Sec. 5o1t
THIS includes a transcript, July Ger
tiiied by the chancellor or judge, Q
the testimony adduced at the near
ine where that is requested for tn
nnrposes of a review in the supfeM
Court Chief Justice English, spear
ing fer the court, in Good eX paft'
10 Ark. 40, where the correct pfa'
ice in such cases is fully outline
says:
oft is doubtless, however, nece'
saiv and proper for the court !
irdge to make some memorial oil Il
Facts disclosed upon the examlh'
ion. in order to enable the prlsone
i, the bail is refused. to apply
tho supervising tribunal for a rev
sion OF the judgment"
|. The chancellor undoubtedly III
the mower to order the stenograpn
who took down the testimony TO pr
duce a transcript OF it FOR Isl
complying with the duty preserio
h1 the statutes referred to aboVe' y
the question 10 arises, at wnat III
,.av the order be made? 1t must,
course. be made while the jurlsd'
N t,on still exists. When the judge
= chancellor hears and determines
matter on habeas corpus at chamoe
bis jurisdiction ceases when he re
ders his Judgment. Nothing then
mains to be done except to retu
the proceedings to the clerk OF
,roner court. He cannot thereaf
make a valid order concerning
j. proceedings. If he makes an orr
TO- At the time he renders final Jul
~ ment he can thereafter punish
Id d,sobedience of that order, but
TIL cannot take any further steps III
no proceedings under the writ after
He fina, Judgment is rendered. We &
SUI therefore, of the . opinion that
re- order of the chancellor requir
urt netitioner to file transcript OF
seq testimony was void, and ne d
he punished for disobeying 1t.
NC cock vs.. State, 81 Ark. 52'.
Judgment is, therefore, auasheo
Vho 49, n~roceedings dismissed.