Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1914-08-26
PANSNER SENT
TO P'EN|TENT|ARY.
(Continued from Page y

Continued from Page II
the defendant bail. Twill say that
on the question of when the notice
is served, that the court can take
into consideration the fact of the
good faith of the notice, so that the
matter can be proceeded with with
as much despatch as possible in
order to get the matter into the
supreme court. That is all that |
have to say And as to any other
question in regard TO ii, after the
appeal is taken ! cannot see that
the court could do anything else:
while 1t is not matter of right, 1t
is a matter of discretion of the
court as to whether or not he will
grant bail pending an appeal; and
/ the court having indicated that un-
/ der the circumstances of the case
\ as presented that bail would not be
i Improper, and as we have authority
4 for it in the case of the state against
T Trolson. decided in Virginia City.
The Court: Gntl ! would not
take that case as any authority at
4 all, on this question, because that
I bail was cancelled within day or
two.
Mr. Sanders: Was what?
The Court: That order for bail
+ was cancelled within day or two.
Mr. Sanders: BY the supreme
court?
The Court; No. by the district
court.
Mr.. Sanders: Well, ] know, but
III
the record of that case somewhere
in my Office
The Court: | have it in my Of
fee.
Mr.. Sanders: But it was the only
case under the Practice Act that |
knew of in the state where bail was
granted during the process of APP
peal.
The Court: | don't intend to ad-
init the defendant to bail unless you
are perfectly satisfied that he is en-
titled to it; in addition to which
! am going to be perfectly satisfied
Mr. Sanders: ! am perfectly sat
n isfed that the defendant Is entitled
to bail. as far as that is concerned
perfectly satisfied on that. The
/ court however, when the appeal is
, taken can fix the bail in any amount
that it sees fit and proper, thai
would hold the defendant pending
! the outcome of the appeal
The Court: Well, at this time
would like to have suggestions as t.
what you think would be fit ant
I proper.
!. Mr.. Sanders: Well. SHOULD
, think about a s2500 bond would b.
sufficient The fact Is, that the way
feel about the matter that |
e $500 bail is a sufficient amount t
!. hold the defendant 10 answer an.
Judgment of the supreme court. Blu
! do not want your honor to fee
e that you are to be governed entlrel!
[ by my views in the matter; bu
those are my sentiments | do no
think that the state could possibl
be injured under those circum
stances
Mr.. Moore: That would meai
l. $500 property bail, or $3.50 cash
l understand that that would be tn
bond
c The Court: Well / have not bee
A, figuring it that way, exactly
4 Mr.. Moore: 1t seems to me tina
that would be.-$2500 bail is Ger
tainly as much as is ordinarily ask
g ed in a case of this character. an
think that counsel knows tina
every one can take judicial motto
of the fact that nothing in tn
y light of the fact that the defendan
feels that he is in the condition tina
a he is in, that it is matter of prir
n ciple as a public officer, that ther
tornt Ut
man to attempt anything in the nj
ture of an escape; he is more 0
less of a public character, and
member of an organization, and tn
possibility of escape lis entirely di
+ ferent from what it would be in tn
case of a person charged with tn
! usual public offense, private dc
!. PENDANT; the nature of his publ
r connections and association cor
, nections are of such character tina
,e the possibility of attempting eseap
: Is reduced to the vanishing point
e, there isn't any such possibility.
I The Court ! am not making an
s order on the subject at this tint
q; do not think 1t is the proper tim
n for any. But. Mr.. Pansner gave
le thousand dollars bail in cash an
= 1915 property bail in addition. BIZ
j. fore he was convicted at all; and
thought that was little enough Q
that time.
Re Mr.. MacNamara: Well, you
= honor. at that time he was charge
10 with an offense on which If he &C
i the maximum he would have bee
lg convicted of a crime punishable b
y IA years,-another element to b
considered.
= The Court: There is something /
7 that, too. ! have no order to max
! at this time in the matter. 70
! gentlemen proceed as fast as yo
! can so that the sheriff may not b
Z delayed in his part of it.