The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-04-12

locked verdict, suicide by drowning curing mSai oe
DnowNEp.--Ths name of the sailor drowned from the
ship Talbot from Canton, Charles Treadweil, aged2
years, native Of Massachusetts.
Circuit Court-King's County.
Before Judge Kent.
April 1.-THE Somers Case .4gain-Eugene H. Sult'
Commodore Pe,ry-Mr. Scoles, the part OF the
plaintiff and said that the present was pena action
Drought by the plaintiff against Commodore Perry and
OF the unfortunate difficulty that occurred
board the somers It for violation of the writ Of
habeas corpus. The plaintiff apprentice attached
of the highest rank in the service also The plaintiff was
sought to be implicated in the much talked Of muny on
board the Somers and was placed under arrest ana IN
irons His mother hearing that he was In irons and De-
evng that her was Innocent applied Tor writ OF
habeas corpus 10 Judge Greenwood, who granted and
The matter subsequently heard before him, and he
became satisfied that the boy ought to be discharged
being specific charge against him. nor no process
from any tribunal by which he could be held nor did
appear that he was guilty OF crime Under those cir
cumstances Judge enwood made an order for his re-
is REMINDING him back to the navy to resume
his duty but directing that he should not be again placed
under in irons This order was served on the
defendant but he said he would not be bound by It, anu
the boy was again placed in irons Mr. scoes continued
that the of habeas corpus has been regarded
both this country and in Great Britain as the great pal
ladum Of liberties Our citizens and the subjects Of
Great Britain whenever they require it, have right tn
this writ to ascertain what were the churges against him.
and to guard from abuse the statute says that the act
imposes fine OF $1,000 upon any officer, other person
who disObeys 1t. Counsel concluded by saying
that he the sole ground OF defence to be- that
right to make the ordertha the whole OF his proceed
ings were coram non JUDGE and void in law but now
understand they will admit nothing, and we will be
obliged to prove our whole case,
Judge GxErNwooD then called to the stand and
amined for painf-He testified that he remembered the
proceedings that were had before him in February lSi3
on habeas corpus in relation to Eugene Sullivan
Here the judge handed the papers, consisting OF the petit
ton and adavts the writ oil habeas corpus and order
which were read in evidence.
A. g. Corr was next sworn.
Mr. scoLEs was proceeding to examine the witness as
Commodore
Mr. BDwELL insisted that it was not legal evidence
the original order should be Produced and objected to the
proof OF copy.
Judge KENT overrulel the objection and Mr.. Bdwell
excepted.
Commodore Perry and showed HIM the original; the
Commodore said he could regard the order he was
acting under the authority Of the Secretary Of the Navy
he would not acknowledge the order binding on him,
and he would not discharge Eugene Sullivan from custo
dy Witness did not Sullivan them but on the 18th Of
February saw him and took him from on board the United
States steamer Fulton she at the Navy Yard at the
time and attached the United States navy; he was
prisoner board and guarded by officers and marines
CHARLES f. WI SON sworn-1estifed that he was i'm
prsoned at the Navy Yard with Sullivan; was IN Feb
ruary 1913, remembers that sullivan was taken before
Judge Greenwood writ of habeas copus they were
imprisoned board the Fulton steam frgate; witness
was also imprisoned with Sullivan in the Navy Yard and
board the North Carona alter he was brought BACK
from Judge Greenwood he was not put in irons he was
placed in bunk by himself and no communication was
allowed between him and the other prisoners saw Gom
he ordered that the prisoners should be placed six feet
apart aud that communication should be allowed be-
tween them; there was guard over all the prisoners
night and day; witness thinks Sullivan confined
there day after he from Judge Greenwood can
not say what became Of him after; he returned next
day and put board the Fulton steamer and roned by
order Of Captain Sands Commodore Perry had command
Of the yard and Capt. Sands acted under him.
CATHARINE ScorT sworn-Testied that she is the
Their Of Eugene Sullivan; present when he was dis
charged by Judge Greenwood; had a conversation with
Commodore Perry the day after he told witness she
might her in the presence Of an ocer she went
next day and him; he at the time under guard
in her conversation with Commodore Perry Judge Green
woods order referred to- and he seemed very much
offended and dissatisfied with it.
Captain SANDS subsequently called and proved that
Sullivan confined charge OF mutiuy on board
the Somers and that his confinement alter Judge Green
woods order for the same offences that ut oil events
he knew OF 10 other.
The plaintiffs was here rested.
Mr.. BIpwELL, Tor the defendant rose and said that
true plaintiffs counsel had stated that the question
here would turn point OF law, and the great question
would be- had officer OF the state courts right TO inter-
iere with military and maratme codes and destroy the
discipline arising out Of them He also commended that the
declaration not framed according to the statute; that
the offence not accurately described therein, and
could be supported He next advered to the proceed
ings before Judge Greenwood, and commended that the
original record should be produced and proved and
the minutes OF the proceedings. He said that similar
power claimed by civil officer either in this
country in the country from whence have derived
civil and military codes, and 1t was never intended
that the habeas corpus should confer such powers
those claimed by Judge Greenwood. Mr. Bidwell con.
cluded by asking Tor a nonsui'
He was ably replied to hy Messrs Scoles and McKeon
Judge KENT after briefly stating his reasons granted
nonsut Plaintiff counsel excepted and the is to
he brought before the Supreme Court and the suit
is set aside the whole OF the Somers affair will be gone
again. as Commodore Perry, to make an effectual
defence must that there mutny on board the
Somers and that Sullivan one OF the mutineers.
MessTs Scoles McKeon and Cooper for plaintiff; Messrs
Bidwell and Owen for defendant.