Rensselaer Semi-Weekly Republican, Volume 41, Number 45, Rensselaer, Jasper County, 16 February 1909 — Small Chance For Tom’s Release. [ARTICLE]

Small Chance For Tom’s Release.

The following is from the Saturday Michigan City News; “The McCoy habeas corpus care against Warden Reid has been brought before Judge Tuthill in the superior court. Attorneys John F. McHugh and Charles A. Burnett cf Lafayette arrived this morning with the papers in the case and after summoning Judge Tuthiil home from Laporte, where he was on court matters, filed the case before him this afternoon. The habeas corpus proceedings Are for the purpose of securing the release of Tom McCoy. Today’s action brings to a focus the Controversy between Warden Reid and Attorney General Bingham as to whether the “good behavior” act is applicable to prisoners serving an indeterminate sentence. Bingham con* tends that it does apply, and Warden Reid contends it does not. “The habeas corpus case will not only decide whether McCoy shall go free, but the ruling of the court will have general application to all such cases, although the Tuthill ruling will be appealed and the final ruling will come from the supreme court. "Judge Tuthill issued the writ and the case Is returnable at 9 o’clock Saturday morning, Feb. 20, a which time McCoy will appear in the superior court and the case will be argued.” Governor Marshall has evidently hrd a tip from Rensselaer as to what he should do In the premises, for he has now informed Warden Reid, according to the Friday Michigan City News, to stand pat, and let the McCoy attorneys bring the acion for release. As the ease will be taken to the supreme court, no matter Who wins in the habeas corpus i hearing before Judge Tuthill it is certain that McCoy’s maximum sentence will expire before a decision from that tribunal could be rendered. Thus, will Pass the tot ‘chance of securing McCoy's release short Of the completion of his mntanoe.