The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-08-14
Law Intelligence.


hour to which the adjourned, and after
proceeded with Mr.. ID. Field read Brunis answer
Justice Drinkers return to the writ of habeas corpus
The principal allegation in the answer and upon which
this days proceedings turned denial that Justice
Drnker complied with the requirements of the statute,
in causing the arrest of Bruni to wit that the COM
mitment did not recte that application had been
made by French Consul for his arrest that depo
stion been TAKEN and examination of the priso
ner Mr. Field then argued that lay the other side
to these proceedings had because II
the papers were in the Of Inc other SIDE
them He understood that neither the captain or JUS
tice Drnker would attend.
settled Where party for whose benefit writ Of habeas
corpus Is issued reverses the return to the writ he is
of the issue which he himself makes is with him.
Judge EDWARDS decided that Mr. Field should go on,
and prove the allegations In the answer to the return
MIR. FIELp.-We can only prove them by the Captain
and Justice Drinker.
Judge EpwAnps-You can have subpenas to compel
SubpGnas were then issued for Captain Besson and
the Justice but afterwards agreed that the atten
dance of the Captain would then be dispensed with
The proceedings were Tor three quarters OF
hour, waiting for the Justice.
Justice DRINxEn-I beg leave to make few observa-
t,ons on my own behalf before the proceedings
taken up The view with which am brought here is
that parties want to get indirectly at what they
not come at directly All that have done appears on
the record and respectfully submit that they cannot
go behind it. therefore object to give testimony, not
through any Gsrespect to the Court but wish to pre-
Judge EpwARps-Is your objection to our going be-
hind your record to because they different
questions!
Justice DnINKER after some further remarks, consent
ed to be affirmed
FrELp-Have you the warrant!
Justice DRINKER-l have not
FIELp--Where is IL.
Justice DRINKER Il decline to answer.
FELpIf there be warrant there is no authority to
hold this shall insist upon an answer, or have
him discharged.
Judge EDWARDS here consulted with Judge Jones, the
late hief Justice of the Superior Court aud IL de-
cded that the Justice should the question The
of the Police Court 1t then sent for, and after
between the counsel both Sides the pro-
ceedngs were postponed until tomorrow (his) morn
ing 49, a.
Commissioner Morton Violation Of act Of Congress
Captain Van Velthoven of the Dutch ship Endraght,
was arrested this morning for an alleged violation OF
the act of Congress- last session. regulating pas
ssnger ships The adjourned until tomorrow (ths)
morning.
CouRr or GENERAL SESSIONS, August l3-Before Re-
corder Scott and Aldermen Dodge and Meserole John
McKeon ESQ District Attorney.No cases being ready
trial at the opening Of court this morning the fol-
lowing placed at the bar for sentence
James Madison Loud, who was found guilty on We'd
nesdav asst of having passed to Michael Riorden
terfeit So BILL purportng to have been issued by the
Bank of Smyrna, Delaware was sentenced 70 DC mprs-
Christian Beckstein German, was next sentenced to
Ave years imprisonment ut Sing Sing, for having few
weeks ago stolen 500, belonging to Matilda Schwitzer
also German, immediately after their arrival in this
port
Edwin H. Smith Henry Petit and Justin Turner, con-
yicted by confession Of having assaulted Mary Ann
Gibbs with violate her person. each sent
to the penitentiary for one year.
James MCGUIRE a lad, on being arragned on an in
dctment for grand larceny entered plea Of guilty and
was sert to the House Of Refuge The Court then sd
iourned until to- morrow morning. ft