The New York herald., 1850-12-29

Gd QDid the Court ever appoint you By the name Of
sssn.i.sisases Al .. sppotstsd United ststss
States Circuit Court, made in October last and en-
tered on their minutes think / can Sivs tn: words
Of the e sstsr % nom ts. ns%ey sS e:svs the order We:
commissioners; don't mean to be understood that
my nams was mentioned In the order; don't mean
pointed by virtue Of that order; held NO once on
Court--Are you q barrister- At law
Mr.. Hail. am. sir, and was on the 23d December.
A document dated 10th Oct was here produced.
The order to the effect that the clerk and deputy
clerk OF the United States District and United States
Circuit Courts be authorized to exercise the powers
of commissioners, ez e6ieio.
order BY vhiehI claim my appointment; am deputy
clerk of the United States Circuit Court as not
deputy clerk At the date Of that order; l was ap.
that court appointed me his deputy; after having
been appointed deputy clerk claimed to act es com
Is that the only authority by which you claim TO act
as oomnissonsri Al do not know but under the
previously existing law veuld have been com.
The Court asked ths United States District Attor-
nsy II he did not know the practice Of the Uaited
States Circuit Court with regard to the sDp'intmsnt
The U. 3. District Attorney replied, that It had been
the uBiyersal practice Of Judge Belts and the sage
Of the Circuit Court to appoint the commissioners by
designation Of office and not by the name OF the party
Mr.. White raid he came prepared to argue that hr
Hall was not legally appointed Commissioner, ana
he contended that the practice Of the Court would
The q. g. District Attorney produced certified copy
of the order Of the Circuit Court made in 1884, to show
that the practice was uniformly the same - ne had
M. white continued to argue that from the phrase
ology Of the order persons but the then existing
clerks and equities could caim to be commissioners
appointed BY the Court at all but by the Clerk and
that he not officer Of the Court, but merely the
The Court asked the District Attorney, Cdr j. Pres
colt Hall) If be intended to reply. That gentlemsn
sad he merely present on behalf of the Marshal,
and the Marshe had interest in the disposition
the Court would make of the between the claim
and the alleged fugitive the District Attorney did
desien to offer any reply but merely referred the
Court to several authorities.
Court Does !counssi for the clai msnt appear!
Mr.. Western answered that he did not:
Court Has the Counsel on the part OF the claimant
had noticel
Mr. Western said he had had eight minutes notice,
and he yesterday to protest against the proceed
The Court said that even if they to agree 10 the
views offered by Mr.. White they could not consent TO
the discharge of the the ether party not having
had the eia ht days notice.
Mr. White said they gave them notice yesterday.
Court said the meaning OF the act was that they
must have eight days nstce OF the proceedings in
order that they be present 20 resist the appca
tion TIE Court was unwilling to dispose of this mat
ter without hearing the counsel for the claimant II
they do not choose to'appear now the case must be
adjourned until the time for the proper notice
Mr.. white e.ked for sn adjourn ment till Monday
GouIt-There is DO use In adjournng until Monday; (;
IL must be until the ef9ht Gays nave expired. The
statute says that the same notice mHst be given to
parties required in special motions In the Supreme
Court and that Is eight days In the meantime, the
N an uill remain in the custody OF this Court.
District Attorney mentioned that In case OF ha5eas
corpus pending for some time before the Supreme
Court the prisoners from time to time
to the custody Of the Marshal
Court-Thst depends upon whether the Marshal
VIII bind himself to hold the man, aud not give him
up TO ny other authority otherwise the object of the
hGJeGs CORPUS would be defeated Suppose the warrant
bad been issued by person who had no authority
Mr. white ssked the Marshal II he would consent to
produce the at the time to which this case is ad
District Attorney-I adviee the Marshal not to make
any promises or concessions.
After some further remarks MT White asked for the
committsl OF the to the custody of an officer of
this Court.
The District Attorney begged to remind tho Court
Of the position in which the Marshal stood. It ap
peartd BY act Congress- that the Marshal would be
subject penalty Of $1,000 II he refused TO execute
the warrant of the Commissioners, whom he had no
to doubt the validity of his appointment and
II while in his custody pending the examination,
the party escaped the Marshal should pay the claim
ant The amount Of the value Of the alleged fugitive
well he 81 0C0 penalty which would be imposed by
the Court Suppose the Circuit Court prove that tney
have duly appointed this gentleman, and that this
Court should also come to the conclusion that the
Commissioner was duly appointed. and the hsrshsl
had disobcyed the orders OF that officer by not hold
ing the man in his custody-it would be no plea for
the that this Court had taken him out OF his
hands Counsel Therefore hoped that the Court -oSd
would be placed in this man we're TO escape cut OF
Mr. white thought the counsel would not contend
that IL the Court makes legal disposition OF the man
that consequently he shall escspe when the povsr
sufroient protection to the Mar,hsl.'
District.Attsrney tsid that the MARSHAL v,snes
merely to dsehsIss his duty; he !. nas. to si0So Pc
elects It. IL this Court viii take him out Of the Gus
tody Of the Marshal 1t must be by their superior
power no mortal win he resign him other
wise is better that no collision between this Court
and the United States Court shsuld take place The
Marshal & knows % no other sueeo IN 'ps ah;.
Court saw at to his man out OF the haads OF
the Marshal 1t must be BY their superior power, judi
The Court presumed that the Marshal vas inclined
to obey the writ Of this Court II the case adjourn
tend to create conflicting jurisdiction II he again
MT Whit. suggested tina. the man B. sen. to tn.
keeper Of the city prison. to be kept In his custody till
the further order Of this court or else the Marshal
give bis that the will be here ut the
time appointed by the court.
Dbtiict Attorpsy-Hs will give no such assurance;
The Court-It viii be time enough to consider the
9ue,tion when the case is properly before S US All We
by virtue of . warrant. The court had no reason TO
think that the Marshal Win do any thing in this mat
teri inconsistent with his high character as man
and bis position public officer
The case wac then ordered to stand adjourned to
sS 70 s,ns IN n.
time, 1.-THE Marshal viii be responsible to me for his
production
District Attorpey-There Is another writ Of habeas
corpus return abls In the same case, before the bu
prems Court at the same time
Court Let Il be on Monday week. at o'clock.
Mr.. Jay Do we understand the court TO order that
the Marshsl viii bring the before this court ct
that time
Court-It will be the duty Of the Marshal to pro-
duce him. -
Mr. white-As they attempt TO take him of with
out process Of Law, We 60 armed with pockets fnli OF
habeas corpus.
The court adjourned at AZ O'Clock, and the prisoner
vas taken before the U. 3. Commissioner.
U. $. COMMISSIONERS COURT.
EvrsIsG SESSION.
On the re assembling OF the Court. at quarter to
o'clock, which was delayed TO that hour, In conse
quence Of the proc edings In the Superior Court Mr.
Jay sshed for adjourn ment until Monday morning
This application oppofed BY counsel for the claim
ant, and the Commissioner said he would finish with
the witness who under examination at the ad-
journment
joe W. Smith was then cross cxampsd.-I lived At
the OF Centre aud Leonard streets at the time