Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-05-27
SCOTT PLANS MOVES
TO RELEASE IDA RIEHL
Attorney Will Swear Out Ha-
beas Corpus Writ If Cor
oner's Jury Holds Girl.

Should Ida Riehl, the t7-year-old girl
who killed Edmond Hauptfuhrer, her
lover, be held tomorrow at the Coroner 9
inquest for the Grand Jury. it was re-
ported today, her attorney, John r. X.
Scott, will Immediately swear out writ
of habeas corpus. The report this after
noon was that the writ would be sworn
out before Judge Ferguson or Judge Nc
Michael in the Court of Quarter Sessions
Efforts also will be made to have the girl
released on bail.
The mysterious Philadelphian who has
announced that he Is willing to go on the
girls ball to the extent of Si00. 900, was in
telephone communication today with Mr..
Scott. He told the lawyer that in the
event a writ of habeas corpus was sworn
out tomorrow he will be in the courtroom
prepared to furnish bail.
BELIEVE GIRL CAN BE FREED.
Lawyers said today that the laws of
Pennsylvania governing the Coroner's ac-
tions are very vague, and what legisla-
ton there is gives the Coroner wide dis
cretionary power For this reason, they
averred. the girl might never be brought
to trial. He would be perfectly within
his legal right so authorities state,
II he should discharge Miss Riehl
at the inquest tomorrow morning. The
Coroner's Court Is a commitment court,
and the Coroner committing Judge He
has full powers to hold or to discharge.
In view of Coroner knights sympathy
for the girl attorneys say this action does
not seem as remote as 1t might. Tho e-
gal annals Of the county divulge no case
where a self-confessed slayer has been
discharged by the Coroner but neither
do they show case where the defend
ant ever before has had the full sympa-
thy of the prosecuting officers OF the
county and Commonwealth.
But even II the Coroner would decide
to hold Ida, the jury might return a
verdict that would make 1t impossible
for him to do So Weaver, the English
barrister, in mis- comprehensive account
of the Common Law on Coroners, says:
The Coroner must also, when the ver-
dict will justify him in so doing, issue
his warrant to apprehend the offender and
commit him to prison.
GIRL COULD BE REARREsTED.
But even If the girl is liberated by the
Coroner warrant for her arrest could
at once be Issued by the murdered boys
family or by any citizen. 1t is probable
that the family would take this action.
More than half a dozen opinions by
judges in this State have further estab-
lisned that the Coroner is bound to ac-
cept whatever presentment the jury
makes. He cannot fine them for not
finding according to the evidence. Even
If they choose to assume the responsible
ity of violating their oaths. he is bound
to accept their verdict and has no right
to force them to bring in a verdict in
accord with his ideas of the facts and
the Jaw.
This point was conclusively proved in
1905 in this city when she Coroner twice
refused to recognize a disagreement of
the jury and made them find In favor of
the plaintiff. higher court subsequently |
to acknowledge the verdict. The
jury is instructed by the Coroner but |
there Is no method of furnishing them |
for an improper finding.
Judge Sulzberger. in letter to former
Coroner Ford, in 1911. created a legal |
stir by stating that the only time the
Coroner could discharge a man accused |
of homicide was when the District Attor- |
ney admitted there was not enough evil |
dence to hold him for the GrSnd Jury. |
But every authority who has expressed |
himself on the opinion of the Judge says |
1t is not law
1t has even been doubted on good legal !
grounds, whether the Coroner has the |
power to commit where the verdict is
murder or manslaughter. 1t is generally
that he may have this power.