
    Archer’s Case.
    
    1849. December Term.
    
    
      A prisoner indicted for a felony, will be let out on bail, when his continued confinement would endanger his life.
    
      William B. Archer, who was confined in jail on four indictments for felony, in one of which there had been a trial, but the jury had been unable to agree upon a verdict, and had been discharged, applied to this Court to be admitted to bail, on the ground that the confinement to which he was subjected, would endanger his life. The prisoner was brought before the Court, and witnesses were examined orally, as well for the prisoner as on behalf of the Commonwealth. This testimony was not reduced to writing, and therefore does not appear in the record; but the nature and result of the evidence may be seen in the opinion of the Court.
   Scott, J.

delivered the opinion of the Court.

Tt appears to the satisfaction of the Court, by the testimony of two physicians, one of whom had attended the prisoner during his confinement, and the other during his enlargement prior to his late trial, and by the testimony of a third physician who had examined the state and condition of the prisoner, to enable him to testify on this occasion, that there is strong ground for the opinion, that continued confinement would cause the. disease under "which the prisoner labours, to determine j. , ,, fatally.

Therefore the petitioner is admitted to bail upon his entering into a recognizance "with sufficient surety, in the penalty of 5000 dollars.  