New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-01-18
siifnois-.Eoe sr,ith FEDERATED ON EEnSens
Corpns-Esis &ppearaHce-Su d &c Hresse
Important Legal Decision, sc.
Correspondence ct The Tribane.

Correspondence CT the Tr!bdas.
SENATE CHAMBER, SPRISGTIELD, Iii. Jan. 5, 1915
Joe Smith, the Mormon Prophet, has been be-
fore Judge Pope, of the L. S. District Court, at
this place, for the last few days upon a writ of
ka5eas cor2us Smith ID been arrested upon
warrant Of our Governor BY virtue of requisition
from the Governor of Missouri, founded upon the
affidavit OF ex-Govcrnor BoEgs, charging, or at
tempting. TO charge Smith with being aces soTy,
before the fact, in IN attempt to murder him last
Nav. Smith sued GU. writ of ta5eas corpus
from our T. S. District Court, obtain his liberty
The cause was heard yesterday. The Attorney
General of Illinois, j. Lalborn, Esq. appeared in
support OF the warrant and arrest and Justin But
terrified, E,q. OF Chicago, aud 3. S. Edwards, of
this place, appeared for the prisoner After a full
argument, Judge Pope decided this morning that
Smith was ilIega!!y arrested and should be restor
ed to his liberty.
The opinion of the Judge was very able and IN
many parts eloquent. He examined the subject
fully and his opinion meets the appreciation OF
nearly ali who heard H.
In this ease it 70: pretended that Smith
was in Missouri waen the crime WAS committed,
nor that he had actually led from there bat II
was commended thai he was accessory before The
fact. TO The commission OF crime in Missouri and.
therefore III was c0Rsirpclirelg a fugiijrs from
jusSi3e. although he had not been IN Missouri!
since he was expelled from the State By the Lynch
ers several years ago. 1t was also contended tina;
the L. S. Courts could not issue writ OF ha5eaS
corpus in case ike this. The Court had no doubt
upon this lasr point and upon the former the Judge
said the proposition monstro1s, that citizen
of free Safe, who had never been OUT of It's ter
ritora Jurisdiction, could be sent out Of for trial
for an offence committed, or alledsed to be COM
milted in such other State upon the request CT ITS
Executive.
For Joe have little sympathy, but believe he
/; not worse than his Missouri prosecutors.
Joe is attended here by about score of his saints
He does not appear 10 be man OF great capacity.
should Judge that the animal propensities pre-
dominated in his brain. His perceptive powers,
however, appear to be large.
An attempt hes been made TO get rid OF Judge
Browne, of the Supreme Court by address of both
houses OF the Legislature, for incompetency but II
has failed
The Legislature, [. s. Court, ard the Supreme
Court OF the State, are now all in Session here
In the latter decision has been made which is OF
great importance to he press.
Some years since tyraanical fellow named
Pearsons obtained seat on the Bench, as Judge
/, of the North Eastern Circuit. BE was great
I.oco-Foco and disliked . WING lawyers, print
ers. &C. Pending criminal Trial before him at
Chicago, the editor OF the Wing newspaper made
some remarks about an order of the Court reqnir-
ing the doors to be Closed sugges ting that IL vas
owing TO the weakness CT his Honoris head, &c
Thereupon Pearsoas had hin arrested for contempt
OF Court. and hauled up before ,is majesty
and fined sl0o. The defendant brought writ of
error 10 the Supreme Court, and Judge Breese
{who has been elected TO the L. S, Senate place
of Judge Pnung, the present Senator) closed his
judicial duties BY delivering the opinion OF the
| Court reversing this tine.
| | consider this decision one OF immense import
ance to the press and TO The bar. Courts in this
country have generally blindy followed the deois-
ions OF The English Courts uPen the SUBJECT OF
Contempss-hoding t!at any judge might punish
for contempt according to his arbitrary discretion,
and tha, from his far there could be no sP?ea---
thus making one the de,erminer Of what con-
st,utes contemplating judge o. the facts and law
and Leaving those whom be might seek TO place