Jack Hughes Bail Returned Inter Ocean (Chicago, IL) 18 October 1877
THE JACK HCOHES BAIL. CABS. Judge Blodgett yesterday decided trie motion motion of the District Attorney to forfeit the bail of the notorious Jack Hughes, now serving serving a term in the Penitentiary for being one of thn robbers of Lincoln's tomb. Hughes was arrested for counterfeiting and held to bail in the United states District Court in iM.OOO. and gave security in bepteinber, 1876. On November 2U, 187G, Hughes was arrested in Cnicago under process duly issued by the State authorities on the Lincoln monument charge and taken to Springfield, where he remained remained in confinement until his trial and sentence sentence to one vear in the Penitentiary in May. 1877. On Jan. 24. 177. the criminal case was called in the United States District Court, and a default entered or Hughes' bond. On Feb. 7, 1877, a scire facias was entered on the bond, to which pleas were filed by Nelson, the surety, by Egbert Jameson and C. h. Cameron, his attorneys, to which a demurrer demurrer was Hied, which was sustained. In August last notice was served on Nelson of a motion for final judgment. Messrs. Dent A Black then appeared for Nelson, and moved for an exoneretur. This motion was argued yesterday, Mr. Black appearing for Nelson. The point, a new one, made by the counsel was. that, Hughes having been arrested by the State authorities within tbe district De-fore De-fore De-fore the entry of any default on the bond, the performance of the obligation of the bond by the surety was rendered impossible by the act of the law. particularly in view of the fact that by section 723 of Revised Statutes of United States no habeas corpus could Issue in such a case from a United States court to the State authorities at the suit of the surety. Authorities were cited in support of the proposition. Judge Blodgett. after hearing the arguments, arguments, sustained the point made by Nelson's counsel, and oischarged the ball, ordering the Clerk to pay over to Nelson the $2,000 deposited deposited in court by him as security.