In re Welsh
Illinois Supreme Court
This application for an habeas corpus was made to the court, in session at Mount Vernon, and the writ, by consent of the petitioner, was made returnable to the court in the second division. The petition stated that Welsh and two others had been convicted, in the Recorder’s Court of the city of Chicago, of larceny, and sentenced to the penitentiary for three years, from the 26th of September, 1855, and that he was now detained under such sentence and judgment.
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This application for an habeas corpus was made to the court, in session at Mount Vernon, and the writ, by consent of the petitioner, was made returnable to the court in the second division. The petition stated that Welsh and two others had been convicted, in the Recorder’s Court of the city of Chicago, of larceny, and sentenced to the penitentiary for three years, from the 26th of September, 1855, and that he was now detained under such sentence and judgment. Upon the issuing of the writ, the warden of the penitentiary returned the facts in the case and submitted himself to the decision and…
1Opinion of the Court
Catón, J.
The questions presented in this case demanded, and have received, the most attentive consideration of this court. They do not in the least involve the question of the guilt or innocence of the prisoner, but relate entirely to the authority of the court before which he was tried.
The constitutionality of the Recorder’s Court was sustained by this court, in the case of Perry v. The People, 14 Ill. 497. It was there determined that that court was an inferior local court of civil and criminal jurisdiction, which the legislature was authorized to establish within the cities of the State,…
2Cited by4 opinions
- Commissioners of Highways v. JacksonIllinois Supreme Court · 1897
- In re BolligIllinois Supreme Court · 1863
- Herkelrath v. StookeyIllinois Supreme Court · 1871
- Newberry v. BowenAppellate Court of Illinois · 1888