The New York herald., 1851-11-22
Court OF Common Pleas-In Chamkers.
Before Hon Judge Daily.
HABEAs coRPUs-A CURIOUS cAsK-PzRPLKxINa

Court OF Common Pleas-In Chambers.
Before Hon Judge Daily.
HABEAs coRPUs-A CURIOUS cAsE-rzRPLExrSa
BANKER.
Nov H-Lovius Towsley was brought up on writ
Of asSsas Corpus 70 :sst @ the i's.ty Of hs coMt%sns y
curing ureties TO keep the towards Mr. Van Duo
ser, broker. Mr. James + Brady attended counsel
Of the xSo vcs
of the New York Exchange Bank which redeems nOtg OF
Justice Osborn that Towsey was in the habit Of coming
TO the Exchange Bank have notes redeemed and that
he handed h:n for that pusposs dollar BY dollar % -
business Of the bank and, Mr Van D. also add, no
doubt with malicious intent. It said that this
Osborn decided and committed Mr. Towslsy in default Of
sureties for $500. On the same day, 1t appears dis
enable Towsley to give bail And Afterwards another
commitment was granted by the Justice on the sane
$500 bail Mr. Brady in making his application for tbs
discharge Of Mr. Towsey said that they had sdAvt
in which stated that the keeper Of the prison told
away There no proof that Mr. Towssy I asked for mis-
discharge Counsel read the discharge which was in
Judge-That y certainly an absolute discharge
Mr.. Brady claimed that the recommitment was on tha
original complaint and he wanted the that jus
tfes magistrate in committing citizen because hs
demands payment of note tn manner which does not
Mr. Cowles on behalf Of the complainant read the Sec
ton Of the act which states that in all complaints f,r
dssrdery conduct, magistrate is justified in cornmit
it his duty to commit in where the act Of tho
party likely to lead to breach of the peace By the
law Of this State certain banks have agents for the
purpose rsdsemipg their bills quarter per dis
count This party sgsnst whom the magistrate issuei
his warrant was in the habit of rendering dollar to
the officer OF the bank to change and requiring him to
take from the discount at the rate of quarter per
cent Now, there is coin in this country which would
enable the bank to deduct the amount This man
Towsey instead Of adopting the rules of the bank went
there from deck to desk, oasring dollar at tims
and thus rendering perhaps sixty in the OF
hour. Suppose be (counse owed his grocer account
and he comes to his Office with extracts from his books
demanded payment each slip Of paper occu
pying his time all day would he (couuse be not ustt-
ned IN saying you have any claim against me, pro-
duce IT, and will pay you; but cannot have ms time
occupied paying you six pence and nine pence every
minute in the day" Would any say that such CON-
peace The law gives a . right to 20 aud demand
his debt but II he sncroaches that right or perysrs It.
is ne net trespasser and q wrong doer?
does not amount to breach of the peace
redeem the bills would the man have right TO r,msia
there all day. persist in presenting them? ana voui1
he be usfed in insisting from hour to hour obtain
has he sight to adopt the course which this man has
pursued Mr. Cowes submitted ths under thess
impede the businsss ofThe bsnk had BEEN guilt, Of a
orderly conduct tending to breach of the peace aaI
te his dischssxe ~ "'Pe' ana He "'' "'' 'H'.''''
The Judg grsad he dill net suppose that it was toe ia
e,tion Of tin statute that any magssts could commit
Thsre must 10 warrant in law for his do,nf so
II coud not 10 done he simple exercise Of his owo
Judgment.
MIR Coviss saderstoo that the ruls n relation 10 10
that the acts Of tks magistrate should be reviewed
with liberal oonstructien.
Jodge--whsas magistrate commits a,man for trial hs
cannot discharge hin under any circumstances except
on his giving A After having enoe discharged hi
don think he has tho right to resomait him Tor the
ssme offence without now complaint.
Mr. Cowles submitted dhat the second commitnsct
was recommtment n consequence Of defe stive bait
and was founded on the oxiynsl sfdAys There ia tAw
for tie commit nent Of person for csordery coadgct
and the aes OF the party In this SHOW that they
calculated to produce n lsssch Of the peace.
Mr. Brady taid the Of very great
qu@nee was Of great consequence 70 this cSea sod
wss OF great eonsequ.zoe to show whether thsse ia
u-s can despatch one OF their nsnions through ths
CITY and arrest one OF the citizens at~ without
unsoe ohArge that De so snyfnab who sddrsssss his
leuo" IN the Park or goes 20 bank to demand
onsnge OF dollar Is completely at the oaprcs o. sst
of corrupt men, Who unfortunately. have greas p1ser
conhfsd to them
Inc Judse-No magistrate has Alright to exeeclis aa
aoso ate power.
mr bradY would then leave thai point, and proceed
W cite sutnofiues 10 snow that IN all complaints BE-
iore any magistrate in the city o; New YORK, f,e
dlsoroeriy conduct, II shall ts la sful Tor the
dsorderiy eesdnet shall DO proved q give
secursy FOR his or her good behavior Tor ewsivs
months New " that was so construed "A 70 sive tbs
msRstrate the power 70 commt without sfortiny tbs
aeaed party tbs privilege OF being hssrd would be
csarD uneonsututonai. IBaroers Criminal Tr-ssss
VA Ne counsel contended ssat the oitizen rp PEG
cty JUSTIFIED 10 Presenting his potes one by oas 1e
taxes MN on snd for which act he and AZ tAs pss