The Michigan chronicle. [volume] (Detroit, Mich.) 1936-current, 1944-10-28
4 HOLD NO ILL.
FEELING SAYS.
SENATOR D|GCS.

although was only one OF
twenty defendants In the States
alleged conspiracy that the Court
took occasion TO take advantage of
. technical error and order the
cancelling of my bond and my sub.
sequent confinement 20 Jackson.
| hold no malice or in feeling to-
ward any one" Sen. Charles c
Digs said In Q statement this week.
The senator. who was released
last Wednesday from Jackson Pris-
on by order Of the Supreme Court
OF Michigan and granted an ex-
tension Of time In which TO pre-
pare his appeal.
Brief Effective
Harold Z. Bledsoe. attorney for
Senator Diggs, told the Chronicle
this week that the brief filed before
the Supreme Court was effective in
getting the Senator's release be-
cause there was no answer that
could be given to the charges that
Judge Simpson had denied basic
rights Of his client in committing
him to prison.
Did Not Follow Procedure
Said Bledsoe. The trial Judge
In this case did not follow the Gus
tomary procedure of granting or
denying the application presented
by my client. by so doing he d.
vested himself of Jurisdiction TO
hear the application for extension
OF time and seriously prejudiced
the rights OF the, defendant in this
case"
The brief filed by Attorney Bled-
soc set forth the following points
in the Digs case: Senator Diggs
was charged on or about March
IA, 1914. with conspiring TO affect
and influence action on the legis-
lature Of the State Of Michigan. He
was tried by jury and found gull
~ as charged and sentenced TO
Jackson prison of Southern Michi-
gan on August IL for from three
to five years by the trial judge.
The brief continues that the SEN
ator then availed himself of the
statutory period within which the
statute permits him 10 institute
proceedings with leave OF the Su-
preme Court to have his case re-
viewed by that court.
Claim Filed
Bledsoe charges further IN his
brief that on August 30 claim of
appeal Of Charles c. Digs was
filed. but inadvertently the claim
was irregular and incomplete. On
September I. the brief claims that
the calendar entry shows that a
claim Of appeal of Charles c. Digs
was filed. This claim was regular
in its form and within the twenty
day period provided by law.
On August %. the record indi-
Gates that a motion for extension
OF time in which to perfect appeal.
subscribed and sworn to by Charles
c. Digs, which sought the aid of
the trial Judge TO extend time to
perfect his appeal. At this time
the required fee was paid and de-
mand was made for testimony.
Not Notified
Bledsoe charged further in his |
brief that he did not know of the
ruling Of the court with reference
10 errors in the appeal until he
saw il In the Detroit Free Press
on Sunday. October /.
Called TO Lansing on Monday.
October and before the trial judge,
Digs bond was cancelled and he
was committed to Jackson prison.
At the time the Judge scknowl-
edged receipt Of the Senator's claim
but declared that il did not mean
in as much as he had
lost jurisdiction.
On the basis Of the foregoing
brief the State Supreme Court is
sued an order for the release Of
Senator Diggs on October Is.
Il am still at q loss 10 under
stand why the trial judge did not
notify Senator Diggs or his coun-
sci Of his intention 10 deny the
for an order for an I
Of time in which 20 per- !
tect the Senator's appeal" Bledsoe
said.
Said Digs. Il feel that certain
interests are behind this incident
md they feel my elimination re-
moves one obstacle in their own !
,efarinils n0litiraI srhaueS