U.S. Circuit Court for the District of Eastern New York February 5, 1868 (United States v. Devlin)

BENEDICT, District Judge,

gave his opinion on the application to admit the prisoner to bail. He said: “I have considered the matter of bailing John Devlin, and made inquiries as to the practice in the Southern district court. A doubt is supposed to exist as to the power of taking bail after conviction under the words of the statute which permits bail to be taken.