Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1911-07-06
HOLDS PRISONERS
ARE LEGALLY HELD.
Decision Reached in United States
Court in Cases OF Prisoners Sent
to Occoquan.

District Of Columbia 10 jail sentence
OF between six months and one year
could be legally sent to the work house
at Ocsouuan. He also questioned the
right of Congress to change the penal
laws OF Lhe district in an appropriations
| bill such AS was done in The present
case
Taking the whole question under re-
view however and acknowledging that
! his decision VAS in the nature OF an
eypediCnt one in view Of the hun
dreds Of similar cases which might be
brought before him for decision should
he grant the hlbeaS corpus that had
been a,ked he decided that the pris.
oners were legally held and dismissed
the writ. Alter Attorney O'Brien had
entered an appeal i'll one Of the eases
Judge WaLdil gave permission for
Alexander, one Of the prisoners, to be
sent Ia jail in the District OF Columbia
While Fisk, the other prisoner was sent
back 10 The work house al Occoquan
The case was one of great Importance,
/ Is IL alleCieh hidhS pi'SohSio hhp "iS
confined at Occoquan and vas filled
With many legal points which we're not
settled by Judge Waddill's decision.
Tue case was brought before the court
on last Monday when Attorney Matthew
Z. O'Brien, OF Washington, opened the
argument on the writ OF habeas rpns
on behalf OF William Alexander aud
Edgar Fish, who sought their ro!easu
ON the Occoluan institution. At
that time Attorney O'Brlen vas met
gi,h the statement that the men had
been delivered 10 the superintendent
Of tie 0,cjqnan W rlhouse by the
Supreme Court If the District OF CO.
lumbia, the attorney general OF The
United States and the warden Of the
iail. Attorney O'Brien denied this
contention which he said he bad
not expected in the governments an
syer and asked that the case be post
poned until today when he Il !ht hl:e
time to answer The allegation and deny
The fact that th1 Supreme Court had
taken any action after the men We're
senlenced to ia !.
This morning the government "hi:t
vas represented by United States Dis
trict Attorney H. l. Lewis and Curpo
ration Counsel Thomas, Of the District
at Columbia, presented decree which
had been entered in the Supreme Court
Of The district yesterday afternoon au
thurizing the delivery OF the men to the
superintendent Of the work house as
we'll as communication also signed
Yesterday from the attorney general 0!
The United States agreeing to such
transfer.
Attorney O'Brien argued the matter
at much length presenting many au-
thorities to show that the prisoners
wrie illegally held. His chief argument
vas to the effect that the penal law OF
the District Of Columbia states tiiat
prisoners Who are sentenced for terms
Of six months or undcr may be con-
tined 10 either The work house or the
iail, prisoners sentenced for six months
to one year shall be confined in the
Jail and over one year i'll the
pentcntiary. Mr.. O'Brien claimed
that inasmuch rs the two prisoners
had been convicted by the district
courts and sentenced TO Jail for one
wear that the commissioners bad NJ
authority TO change their sentence by
having them confined i'll the work.
house where they were required to
work.
The governments side was that the
law which has been passed by Con
ercss establishing the Orcoquan IN
stituiion made the provision that the
commissioners Of the district shall
request the transfer Of such prisoners
IN tie district jailS and Hotkl.ouscs Is
may lie decided upon and that upon
their request the Supreme Court Of
the district, the attorney general and
the warden OF the iail shall turn over
10 The superintendent OF tha work
house the men, and women requested.
When Judge " aiLilI had rendered
his daci-on that the prisoners were
legally held Attorney Q Brien entered
m appoal in the case 81 Alexander and
asked that his client be parmtlcd to
give bond until the question OF The ap
peal could be se.t'ed This brought
on, another conflict OF opinion which
was finally settled bv the court re.
fusing to grant bail but deciding that
Alexander could have the choice OF
either going back TO Octoquan or the
district Jail and be accepted the latter
TRENTON CASE REACHED.
At three o'clock tile court took up
the question of the libeliug Of the
steamer Trenton which was being ar
gucd oy the attorneys at the time OF
going 10 press.
NEGROES SENTENCED
Yesterday afternoon petit jury
found Arthur Bradley, Roger Willis,
Robert Johnson, William Brooks and
Grorgc Banks. negroes, guilty OF break
ing from the Occoquan workhouse
and the court sentenced them
to 80 days confinement in the Alexan-
dria city jail and to pay fines of $50
each. The court later suspended that
portion Of the sentence carrying the
| fines