The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-06-03
CVoLuME 8.

n,emorIaiiit was farrendercd by his G,re,;es
WhereuPon the difriet attorney moved ,br
court tEat your memorable might be- commits, i.
ted; upon this the connfel Of your n,emoria,ift
prayed that the warrant upon which your me-
"or'ahit mad been taken might be fled, that
they might have an opportunity of feeling witt,
what crime your memorabilia was CHARGED ~,
by what authority he bad been held to bail i: bnt
this the court refnfed to order, and witbo,,r
giving your memorable or his council any on.
Portuaity to.iee or examine for what caufe he
was 10 be committed, the court made an order
III toe words following. At ftated circuit
=" court of the U. S. held for the diRria of New
- York, at the city of New York, in the fecond
circuit, on Tuefiay the 6rft day of April.
1906, at / O'Clock A. NJ. Prefent, the hon
Durable Matthias Is. Tamagc, efquire, Judge
- ot thu diitrct Of New-York. The U. S. Of
America VS.. Samuel G.. Ogden, Samuel Muir
" gatroyd, and Samuel Gouverneur, the fure.
ties Tor the defendant, to appear and anfver,
:, h'7'nE come into court, and by their council
PRAYED leave to furrender the defendant in
-, o'icharse or their recog nizance, which being
- ordered by the court--thereupon on motion
. OF the attorney of rhe darict in behalf of the
-" U. 5. that the faid defendant ftand commit
+. ted to the cutody of the MARTIAL of the Diff
.Ii6 WHICH beng oppofed by Mr. Golden,
f" Mr.. Hoffman, and Mr.. Emmott, of couufel
" tor the defendant, it was thereupon ordered
" oy the court that the faid defendant find
luret'es to abide the farther order of thiscourtN
y or that ne hand committed to the cuftodv of
" the MARTIAL of the dittri6f.''
upon THIS order your memorable was COM
mtted to the cufody of the MARTIAL. The
couniel OF your memorable then, not knowing
~hat other courie to purfue, applied for ha
peas corpus TO be directed 10 the MARTIAL to
bring up your mem oriali;t with the caufe ne -.
me-.
Judge, although your memor;s-'1 then o.
before the court, and had been 1uff comm;,tsd
oy It's own order. That the habeas corpus wax
teturheu Immediately by the MARTIAL. with =
copy Oh the ABOVE mentioned order as the can't. +.
ana 'nereuPon the counfel for your me,noriaI;h
moved mat yonr memorable might be djScharo-
81. 81 oecd"ie II did not appear by the return OF
TUG "'ariha' mat your memorable was CHARGED
VII any CRIME. But the court orderetiXhat
20, ne'ro,'d"it ihonid be remanded TO the
cuftody of the MARTIAL, unlefs he f,,o,Sd c;-. g.
cur'ty to abide the order ofths con,t hi,nc.lFir
ten thoufaod dollars, with one firrtv T., t,,.r,+
'houiand dollars; and although the counG.I e.,
your meno1alitt warmly renonff,at4d an.ina
,uch eHceniVc pal being required in fucb cat.
the court refuied to lsflen the fnms and uor'
memorable was ALTO bound in another recoot;
zance IN hve thoufand dollars for his appearance
"s'"o''a'ilts !urther refpe6tfuily renrcS
la' u, orner to bring before the court the
manner in which he had been ex,,n;,,J '
the magiitrate and to prevent G,cb illes,, Ia.
mony from being made ufe of aeaina him. vonr
'he'hof'a'it made an affidavit Eating the mof
prominent clrcumitance of that examination %
they nave been herein before fc, fo,tb al
'he'eupon tAe council for vour men,ori,,;R
noVeo that the court would make an order thar
ne ia'o depoiltions fhould not be laid befor.
, !, ne grand Jury, orthat they fhonld in fome voav
oe iuPP,eheo. But the court, although il adj
sndt te'tmony taken as ftated in the affi
oaVit or your memorialift was not ley,l. vet 90
the court had confidence that the ,ttorns,,
general would not ACT improperly in the dc
cntrge OF ms Official duties, refufeJ TO make an
o'oer on the iubjet; notwithstanding which
.he dtrict attorney did permit the grand inv
70 nave the examination and deooGtion ,ska33
VI me Illegal manner above fta,ed. togetbt-
win many other depoGtions againlt your me-
!norih',st OF Perfons who were examined bv fine
'1'pee VI lmlar manner in the abfence of your
y 'e e., Your memorable further reflect
fully reprefents that on Monday. the e;ab.b j.,
fant, the grand jury brought in a bin Of ;nd;9-
mens aga'nit your memorable, and thereunon
your menor'aIit was put to plead whereuoon
ne ii'sd a plea IN Abatement, verified by the II.
III u ahdavlt. This plea ftated in fubfance
that i9egal teitimony had been before The grand
Jury that found the bill preyiouly to IFS heinz
found, and ftated alto that that illegal tef}imo'
ny was the aforementioned depolition and rx.
animation of your memorable as alto the de-
p"htion OF William S. Smith, efuure, taken he
tore the Judge in the manner abovementioned
Inc court having granted to the public proCe-
cutor I'LL the next day, to anfwer this plea. he
MED general demurrer thereto, and moved tba,
the defendant might join in demurrer intanter
whereuPon the council for your memorabilia
prayed time for confederation. In the argn-
rnent on hisprayer, the diftricf attorney faid
the plea was frivolous; to which one of the
counie' TOR your memorable anfwered that III,
thought 1t was not 70, and that he hoped 10 he
aole TO convince even this court that he did nnt
deierye that character. The court called ON
! ne oountel for an explanation Of What he r..
intended by the term e7,en this court, and NOT
having received from council an exclamation
which the court chofe to accept, the council
was committed to the cufody of the nDarCbal !,
but whllit the order for commitment was max.
ing out, the council having Gated TO the court
I hat he did not intend any conteunDt of fbecourt.
I've was dlfcbarged. The court then Obliged
your memorable to join in demurrer, and al
though the council of your memorable mon
earneitly prayed time until the next dav. I'm
MAKE preparations for arguing the fame, but
the court ordered on the argument the fame dav.
and that day having been confirmed in ar9n.
nents on the demurrer, the next morning the