Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-20

taking was duly signed. sealed, ack-
nowledged and filed in the ofice Of
the county clerk OF said county and
state on the Gath day of April, 1907,
and that an order was made on the
2Srd day OF June, 1903, by the Hon.
A. L. Frazer. judge Of said court,
forfeiting said bond to the state of
Oregon"
The complaint concludes by stating
that Grace Reed failed, neglected and
refused to appear for Judgment after
having been duly convicted in said
court of said crime of larceny, and
has ever since so failed, neglected
and refused to appear for judgment,
and demands judgment against the
defendants for the sum named in the
undertaking.
The answer admits all the allega-
tons of the complaint The defen-
dant AYERS that about April 30. 1907
an information was filed against said
Grace Reed and one Beatrice Lewis,
charging them with the crime of lar
ceny, upon which they we're brought
to trial about June 4, 1907, in the cir
cult court and were convicted. The
defendant alleged that Grace Reed
and Beatrice Lewis appeared in
court; that the defendants at all
times understood and believed that
Reed and Lewis had been duly sur
rendered by them to the sheriff of
Multnomah county, State of Oregon;
that they were in the care and Gus
tody of the sheriff; that he sureties
were no longer liable upon their bond
for the appearance of the two wo-
men; that while the jury was delib-
Grating, Grace Reed through her at
torney, asked permission 10 leave the
court room, and that she obtained
permission from the presiding Judge
to do so, but did not return and
since then at all times has been a
fugitive from justice. The defen-
dants, here, further charge that on
or about the - day of -, 1907, the
then district attorney, John Man
ming, informed them that Reed was
in the csutody Of officers and inn
prisoned in Canada and assured them
/ that she could be returned by send
j ing the officer after her, and that II
J they would pay the expense Of send
! ing an officer after the defendant
d Reed, they would be relieved from
any further liability in this suit
They then state in substance that the!
advanced the sum of $3.50 on accoun
of the expense of sending an office
: to Canada for the defendant, Reed
. but when he arrived there, he foun'
that the person imprisoned was no
. the woman he wanted. They deman
IT that the action be dismissed as t
M them. No reply was filed to this an
ct swer and upon findings of fact sub
r stantially in the language of tn
&c complaint, the court rendered juds
e. ment for the plaintiff according
is the demand from which the defer
10 dants appeal.
= Burnett, j. In the printed brief
the defendant 1t is stated that tn
" whole question for consideration on
peal is whether or not the new ma
ter in the answer constituted a goo
- defense; but on the oral argumer
:. here the. defendant urged that tn
complaint does not state a cause
: action. We will consider these QueI
Z tions in inverse order.
Z The answer alleges that the defer
= dants, here, understood and believe
J that the defendant, Grace Reed ht
I been surrendered to the sheriff az
4 that the sureties were no longer III
! BILE upon their undertaking for h
Z appearance. This falls short Of ;
I exoneration of bail under Sec. 16'
3 L.A0. L. which provides in su0stan
y that the defendant on bail may
Z surrendered either by himself or Il
y sureties at any time before forfei
! ure of the undertaking. upon deli
! cry to the sheriff OF a certified col
I Of the undertaking of bail whi
\ serves as a commitment and autho
J fty to that officer to detain the d
4 fendant When this has been dor
y the court, or judge thereof, befo
, which the defendant is bound to a
I pear, may give an order that the b'
I shall be exonerated and upon ent
or filing of the order, the bail is e
! onerated accordingly. What the d
I PENDANTS, here, suppose or believe
\ to the surrender of the defendants
! criminal action does not affect
I case. The statute itself provides
7 manner in which a defendant may
! surrendered and bail exonerated, a
] that is the rule to be observed.
4