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PEOPLE v. HOWARD SEELEY.

(Supreme Court. June 8, 1898.)

Exceptions from circuit court, Gladwin county.

This is a case wherein defendant was convicted of felonious appropriation of public moneys, and brings exceptions. Lower court reversed.

CRIMINAL CASES PENDING IN THE SUPREME COURT.

People v. Robert J. Hatten et al.

People v. Frank J. Dettenthaler.

People v. Jack Cannon, alias Collins.

People v. Albert Culver.

People v. Kryn Linthout.

People v. James E. McBride.

People v. Edward Vanderveen.

People v. Patrick Picket.

People v. John Haas was dismissed upon motion March 22, 1898.

The following criminal cases have been submitted to the supreme court, but not yet decided:

People v. Isaac W. Carrell et al.

People v. M. A. Engle.

People v. David Roat.

People v. Douglass Carter.

People v. Alexander Dow.

People v. Adelbert D. Swartz.

People v. Albert Malsch.

People v. Charles A. Smith.

People v. Orson D. Taylor.

People v. Ralph B. Gould.
People v. Harvey Hilliard.
People v. Michael Maloney.

In re Eugene H. Wood. Application for writ of habeas corpus. Writ denied by circuit court.

The petitioner in this case was, on the 12th day of December, 1888, convicted of the crime of arson in the circuit court for the county of Osceola, and sentenced to the State Prison at Jackson for 16 years. In August, 1897, petitioner made application to the Jackson circuit court for his discharge, on the ground that he was insane at the time he committed the aforesaid crime of arson. The court denied the writ.

In re William J. Dane, for writ of habeas corpus. Prisoner remanded. On the 18th day of October. 1889, petitioner herein was convicted in the recorder's court of the city of Detroit, of having uttered and published a

forged instrument during the previous year, and was sentenced to imprisonment in the State Prison at Jackson, for a term of ten years, sentence taking effect February 1, 1890. In 1897 the circuit court for the county of Jackson was petitioned for a writ of habeas corpus, the said petitioner claiming a certain allowance of good time, under the law. Case was heard October 3, 1897, and the prisoner remanded.

In re Martin O'Shaughnessy, for a writ of habeas corpus. Prisoner discharged.

The above is a case wherein petitioner was convicted on the 14th day of October, 1893, in the circuit court for the county of Bay, of larceny from the person, and sentenced to imprisonment in the State Prison at Jackson, for the term of five years, from and including that day. The offense of which he was convicted was committed on the 23d day of May, 1893. Petitioner being a second term convict, having served a term of two years in the State Prison prior to the above-mentioned conviction.

Under the law petitioner claimed certain good time. Case heard on December 21, 1897, and petitioner discharged.

In re application of Frank Armstrong, for a writ of habeas corpus. Petitioner remanded.

The above is a case wherein petitioner was convicted in the circuit court for the county of Washtenaw on March 4, 1897, of the crime of assault with intent to do great bodily harm, less than murder, and on the same day sentenced to imprisonment in the State Prison at Jackson for the term of one year and three months from and including said date. Said petitioner, prior to the commission of the above-mentioned offense, and the conviction as aforesaid, served a term of one year in the State House of Correction and Reformatory, at Ionia, and his term of sentence expired and he was discharged from said House of Correction on the 22d day of March, A. D. 1893.

Question was as to whether or not petitioner, in the serving of his sentence in the State Prison at Jackson, is entitled to good time as a first or second term convict. On April 8, 1898, the Supreme Court remanded the prisoner to custody.

In re application for writ of habeas corpus for Guy Pierce. Petitioner discharged.

The above is a case wherein petitioner was tried in the circuit court for the county of Grand Traverse, for assault with intent to do great bodily harm, less than the crime of murder, upon an information which contained a count for assault and battery, and was convicted of the offense of assault and battery. Upon such conviction he was sentenced by the circuit judge to imprisonment in the House of Correction and Reformatory, at Ionia, for a period of seven months from and including the 25th day of April, A. D. 1898.

Petitioner now claims that sentence is illegal and void for the reason that the circuit judge exceeded his authority in imposing a sentence of seven months imprisonment in said House of Correction and Reformatory upon a conviction of assault and battery. On May 10, 1898, the Supreme Court ordered petitioner discharged.

PEOPLE v. CHRISTIAN BREISCH.

The above is a case wherein defendant was charged with perjury under the general banking laws; said defendant, Breisch, being formerly an official members of the directors of the People's Savings Bank of Lansing, Michigan.

On November 16, 1897, defendant was duly arrested and arraigned before the justice court, and was bound over to the circuit court for the county of Ingham for trial. During the January, 1898, term of said court defendant was given a trial by jury, which found him guilty of perjury.

On November 2, 1898, the circuit court granted a new trial.

PEOPLE v. CHARLES H. OSBAND.

This was a case wherein the defendant, Charles H. Osband, was charged with making false entries in the books of the People's Savings Bank of Lansing, Michigan, he being cashier of said bank.

On November 24, 1897, the defendant was arraigned before William D. Ennis, a justice of the peace, where he was examined and bound over to the circuit court for the county of Ingham. Defendant was regularly tried before said court by jury, during the June, 1898, term of court, the jury rendering a verdict of acquittal June 15, 1898.

PEOPLE v. CHARLES BROAS.

This is a case wherein defendant was formerly a director of the People's Savings Bank of Lansing, Michigan, and in 1897 he was charged with perjury, under the general banking laws. On November 16, 1897, defendant was arrested and arraigned before the justice court, and after being duly examined he was bound over to the circuit court for the county of Ingham. Defendant was tried by jury at the March term of court. The jury disagreed.

PEOPLE v. S. HENRY LASLEY, HORACE L. DELANO, HIRAM E. STAPLES AND ALBERT MEARS.

The above is a case wherein defendants were charged with making false reports to the Commissioner of the Banking Department, while serving as officers and directors of the Whitehall State Savings Bank, of Whitehall, Michigan. They were each duly arrested and arraigned before the justice court, and were bound over for trial to the circuit court for the county of Muskegon. Case was called July 11, 1898, and was dismissed as to defendant Albert Mears, there not being sufficient proof against him to cause him to proceed to trial. After a most vigorous trial of the other three defendants, lasting for two weeks or over, the jury disagreed.

SCHEDULE B.

This schedule contains a list of mandamus cases, certiorari and other proceedings, commenced by the Attorney General in behalf of the State, or commenced by other parties in which the State was directly interested.

OZIAS W. SHIPMAN, RELATOR, v. STATE LIVE-STOCK SANITARY COMMISSION, RESPONDENT. Mandamus. Writ denied.

This is a proceeding wherein relator awned a herd of Jersey cattle; the herd consisted of 62-mostly cows and heifers. The respondent being informed that there was reason to believe that the herd was affected with tuberculosis, made an examination, found evidences of the existence of the disease, and on August 15 and 16, 1896, the entire commission met with the State veterinarian, and applied to 47 of the animals what is known as the "tuberculin test." It was decided that 28 were diseased, and they were slaughtered by order of the State Live Stock Sanitary Commission, which appraised the damage at $1 per head, and turned the carcasses over to the relator. The relator declined to accept the damages awarded, and filed a petition for a writ of mandamus, which petition sets forth his ownership of the herd; that the cattle were sound and healthy when he purchased them; that the commission condemned and slaughtered them; that the market value of the cattle slaughtered was $3,000; that by reason of this action, the market value of the balance of the herd was reduced to $500, and prays for mandamus to compel respondent to appraise the cattle at the market value.

The answer admits the action by the said commission, but denies that the catile slaughtered were of any greater value than the sum awarded, etc. The act organizing respondent, The State Live Stock Sanitary Commission, is found in 3 How. St. p. 3150 (act 182, laws, 1885). Section 9 of said act reads as follows:

"Whenever the commission shall direct the killing of any domestic animal or animals, it shall be the duty of the commissioners to appraise the animal or animals condemned, and in fixing the value thereof the commissioners shall be governed by the value of said animal or animals at the date of appraisement."

The Supreme Court denied the writ. (Reported in 73 N. W. Rep., 817.)

OREN C. TOMPKINS, RECEIVER FOR THE GRANITE STATE PROVIDENT ASSOCIATION FOR STATE OF MICHIGAN, v. FRANK M. MATTESON, ET AL. Mortgage foreclosure proceedings.

PORTER, JUDGE OF PROBATE, v. EDWARDS, MEDICAL SUPERINTENDENT MICHIGAN ASYLUM FOR THE INSANE, KALAMAZOO. Mandamus Writ denied.

This is a case wherein one J. Welinder was adjudged an indigent insane person by the relator on September 30, 1897, and, further, that said Welinder had not gained a settlement in Ingham county, and his legal residence was unknown. Upon this adjudication and determination the proper certificate was made by the relator, directing that the said J. Welinder be conveyed to the insane asylum at Kalamazoo, there to be supported at State expense until cured or otherwise ordered. The respondent refused to receive him into said asylum.

The mandamus to compel respondent to receive him was denied by the court.

(72 N. W., 614.)

THE MICHIGAN FEMALE SEMINARY v. WASHINGTON GARDNER, SECRETARY OF STATE. Mandamus. Granted.

HENRY C. SMITH V. THE LAKE SHORE & MICHIGAN SOUTHERN RAILWAY COMPANY. Mandamus.

The above is a most important case. The relator applied to respondent railway company for a 1,000-mile mileage book, to be used in the name of himself and wife, and was refused. He thereupon brought this proceeding in the circuit court to compel the respondent to issue such a ticket. The circuit judge granted an order that a ticket good upon the lines of the respondent in this State be issued. The reìator Smith appealed the case to the Supreme Court, which court on October 1, 1897, affirmed the lower court.

(Reported in 72 N. W., 328.)

Relator appealed the case to the Supreme Court of the United States, where it is now pending.

HAZEN S. PINGREE, RELATOR AND APPELLEE, v. THE MICHIGAN CENTRAL RAILROAD COMPANY. Mandamus. Writ denied by the Supreme Court.

The above is what is known as the celebrated Michigan Central "family mileage ticket" case.

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