The Case of Dr. Tumblety on a Charge of Felony
IN CHAMBERS
Monday, September 28, 1857
This noon, Mr. Justice Aylwin gave his decision on a writ of habeas corpus presented by Mr. Devlin, for the liberation of Dr. Tumblety on bail. In giving his decision, he spoke at some length, the substance of which was, that the charge was one of a very aggravated character, but fortunately it was the first of the kind which had occurred in Lower Canada; that he considered by the affidavits that a prima facie case had been made out; that he was bound to consider him innocent till proved guilty; that he was a stranger, and that the time to elapse before the trial was but short; and that, under these circumstances, he could not receive bail.
This afternoon at three o'clock, Mr. Devlin applied to Judge Guy for a writ of habeas corpus to admit his client to bail. Judge Guy will give his decision on Thursday morning.
