Year: 1869

The courtroom was crowded yesterday
with persons anxious to hear the fate Of the
motion to commit James Grant, who stands
indicted for the murder Of Pollard. The
decision of the court was rendered st about
half-past II O'Clock.


Judge Burnham said substantially We
have looked carefully at the record in the
case of The Commonwealth as. James
Grant, and find that he was on the 9th
Eof November, 1868, admitted to bail by
the Mayor of the city on the charge
of killing II. Riyes Pollard. On the
10th of the present month the grand jury
returned true bill, whereby the accused
was charged, upon their oaths, with feloni-
ously and with malice aforethought killing
and numbering H. Riyes Pollard. We have
listened with interest and attention to the
rguments Of the counsel en- the motion for
the commitment of the defendant to GUS
tody, and we could not but be struck with the
fact that in all said there was apparent a
simple desire to arrive at q legal and proper
conclusion. But while interested in the ar
gument, we could not fully agree with all
that has been said on either side. There is
no doubt in the mind Of the Court but that
the act of Assembly as amended and re-
enacted in 1865 and 1866 did authorize q
Judge to grant bail in any case, and this
conclusion is arrived at after mature de-
liberation and careful examination of.tbe
statute. The discretion is certainly left
with the Judges, and upon them alone de-
wolves the responsibility of its exercise.
a. IL. IL Ill. ~.
all claimed by the defendant is justified by
the facts in the case. This particu-
lar question has never before been pre-
sented as distinct, positive proposition.
In the case of Mrs. Kirby, it is q fact of
public notoriety that the accused was in a
condition Of mind to make it impossible to
90 ON with the trial. So she was committed
to lunatic asylum, and, finally, when
brought back within our jurisdiction for
trial, she was committed to Jail. While
incarcerated, the question Of bail vas
raised, and by an authority (military)
under which recognizance was received,
decided. Wrenn's case was one in which
the defendant was bound over for his ap-
pearance to answer for n felony Of q lower
grade than murder in the first degree, but,
was subsequently, indicted for that crime,
he was then admitted to bail, but the ques-
ton was not pressed in manner tending
to provoke from us q decision.


We have given this particular case the con-
sideration which it merits, and have looked
at the New York, Massachusetts,, and Dis
trict of Columbia cases cited by counsel,
and SO we'll known to the whole community
In these the defendant was always commit
ted, and this not by the establishment of
any new practice, or by the adoption of any
new principles, but in accordance with a
practice that came down to us from period
anterior to the settlement OF this country,
when it was received as the practice of
European courts.


We are of opinion, therefore, that an
application for bail may be presented in
any case, but there arc cases OF such
gravity that it is questionable whether it
may be asked as q matter of right unless
special reasons are assigned. Nothing is
here alleged to make it an exception to
the accepted practice where there has been
an indictment for murder in the first de-
gree Nothing is SHOWN to abate or relieve
the gravity Of the offence, and it is not ap-
parent that there will be any mcntal or
physical danger attending the committal.
In such case bail is not o matter of right
to the defendant. The most sacred right Of
human being in civilized commu-
nifty is the right to life unmolested and un-
threatened, and any person that assumes
to take life, if he claims to be enlarged,
must chow circumstances of peculiar
character. Deeply sympathizing with the
20, not Un a 1yrn n n
similar cases, with great reluctance nc find
ourselves III the enunciation Of this deci-
sion, but duty compcls us to say that this
defendant must be committed to custody.


Mr.. Grant did not seem at all affected by
the decision. After chatting few moments
with his counsel and friends, he was placed
in custody of Deputy Sergeant August, who
took him at once to the city jail, in which
he is now confined. Tuesday Dext is the
day fixed for his trial.