◆ SpookStack

el ee ee ee te rare tn earache Da ee ae re ee we me tee a, “shades jae ey “Hee AD whether the evidence mokes a primi footie case for the proseoution sufficient to muke it necessary to hold the party for trial, anf no to dcternine whether th: evidence is su Lunt to Justiry a gonvictlon, *; urthe more, the suffioiecncy o the indi otmont is to be determined by the court in thich it was = - found, amd fs not o mutter of inzuiry in removal ; proceciinca. In other words, the comitting -. magistrate eannot o nolusively mnt to be either good or bad, or pass finelly vpon th: cuilt or innocence of the acousete > Bee His decision disohargins the prisoncr neith:r annuls the incictment por blots out the offcnses The tri:i oourt alonc his plenory jurisdiction: :.” over the cause, and consecucntly it alone has. ve Plenary po..ecr to pss upon the sufficicnoy of ‘the a indiotmnt as the pleacing which initiated and is. Te, the foundation of the prosecution.” ~— . a3 : Oh Judge Linley of the District court of the ao Fastern 3istrict of TLlinois in the above casc further | _ & held: a. "The crand jury of the Northern District ) Ghio, ander the Constitution ani laws of the United Stutes, found thet there tas probuble cause and returned on indictnente Final tric] onn be had only in th: aanc forum. But it bas been Fepeste edly held th:t in such ouses the cannitting macise trate ezcreises something more than os mere mintes 33. terfinl fusotion, involvin= no judicial discretion, x na + He must look into the indfotucnt to ascertain the-. .-: th:r an off-nse av.inst the United States is charged, find wh:ther there ras probable enuse, ani deter. - nine whether th. court to which the eccused is couche me, to be renoved his Jurisctotion of the sanee™ Judge Lindley further soyst 2 ee od + ee. eed em eee se ee "But the indiotnent 4s to be oonsidersd as empetent evidence. The covernient sutmiitted it - a nee upon such theory and rested. Certain evidcnoe -* tas then submitted by the cefen ants, and, in- = -.. oonncotion vith its orossecyaminntion of the ty Gefencents® witnceses, th: soverm-nt subiitteé 7t: a adlition:] evidenoe, Uncer the rulin~ of the 3ue" _ - prenc court, this court must acoent every allcre= =li- edjucge the indiot- Pe :