“We suppose that a criminal who has once jumped his bail may be kept in jail when caught. But we see no use of it. By once running away he has warranted the Court in fixing new bail at such a rate that the public would gladly have it forfeited. We could afford to pay something handsome to clear Ruef entirely out of the country and into Honduras, and if we could extort from him a few hundred thousand dollars for the privilege it would be the best trade we ever made. But we do not believe he would run away if the bail were made right. But if he is not to be bailed, let him go to jail, where the total cost of his keep will not exceed 25 or 30 cents a day or whatever it is. And if the Sheriff is not trustworthy—as, of course, he is not—let Elisor Biggy have a key to a separate lock on his dungeon. But there is no sense in spending $70 a day for the keep of only one of our municipal reprobates.”
Glass’s attorneys contended to the last moment that the trial judge had no jurisdiction to hear the case. After the District Attorney’s opening statement had been made, but before the taking of testimony had begun, Mr. Delmas for the defense, stated that in the opinion of the counsel for the defendant the court had no jurisdiction to try the case on the ground that the Grand Jury which returned the purported indictment was an illegal body, having no power to sit as a grand jury at the time it returned the indictment.
See [Chapter XIV] and footnotes [189] and [190], page 171.
Mr. Zimmer’s statement to the court was as follows: “As previously stated, the Grand Jury has heretofore charged and indicted a number of gentlemen on evidence which I have read, and which seems to be insufficient, for which reason I have taken this stand to protect my own interests; the stand I refer to is not to testify in the case which I had intended and not knowing my rights in the matter. I was sworn, though my intention was not to be sworn.” Zimmer positively refused to place his declination on the ground that his testimony might tend to subject him to prosecution.
Zimmer was later tried before a Justice of Peace for contempt, found guilty and sentenced to three months in the county Jail. He appealed to the higher courts.