The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-06-13
IMPORTANT DECISIONS.
Hon Jud1a Rats


United States District Court.
IMPORTANT DECISIONS.
Before Hon. Judge Belts
JurE 9-Iioraoe H. Day ads Charles Goodyesr--1he
authority Of United States Commits lillian 8.
Humphrey this morning brought before the U 8.
Circuit Court writ Of attachment issued against him
by Judge Belts Tor his refusal to obey subpoena from
the Circuit Court requiring him to appear and testify in
the above before Joseph Bridgham, Esq, Com
missioner of the Court
Mr. Staples took an exception to the attachment be-
the suit pending in the District
and to be tried at Boston and that witness could not
be compelled to appear before commissioner 70 give
deposition de bne The proper for the party to
take who desires his evidence is to issue commission
under which he could be examined by both parties,
and his testimony would be at the command Of both
parties.
Judge Belts held that the soth section of Judiciary
act Of 1889 authority to the court to compel wit
to attend before commissioner for examination
de beae in the to compel him to APP
pear and testify in court and the court upon the cert
cae Of the that the witness did attend
before him due proof Of service of subp r-Quir
ing his attendance, held that the commissioner had
authority to take the ton and that is proceed
ngs had been regular and conformable the statute
The judge having suggested that the statute did not
apply 10 witnesses casually from home although found
than hundred miles from the place OF trial Of
the unless they about going TO were
aged nrm SC. affidavit Of the witness read that
he resided with his family ut Ashbury about fifty miles
from Boston and that he temporarily in New York
business and purposed to return to his family and place
Of residence within few days and his bust
engagements permitted
Judge Belts held that the affidavit only puryei the
contempt Of court imputed TO the witness in dsobyins
the but also showed that he could not rghtfy
be subjected examination de bf under the act OF
Sept -, 1889, sec. 80
Mr. clifford for the plaintiff claimed the right to file
nterrosatories and have the witness subjected to
animation upon them.
Judge Belts decided that the question of the regularity
and authority Of the proceedings before the
properly brought before the court by affidavit He
ordered the affidavit to be filed and the witness to be
discharged from the attachment.
THE HABEAs CORPUS IN THE CASE or THE SWEDISH
DEsERTER.
ha1ess corpus and eertiora were issued to bring the
return Of the proceedings before Comm soneT Nelson
in his
1t appeared from the papers that Pederon wa one 81
the Of the Swedish brig Lima and shipped board
her in Norway On voyage 20 the United States and
back.
In NOV. He4l il il alleged he deserted the vessel
In New ud being now found in this city, the
vessel Z port. he was arrested at the instance
Of tn, u consul under the provisions Of the treaty
betwt IL. United States and Sweden and Norway,
and II Ell. let Of ,ngress passed to carry into
Gan the treaty stipulatons.
, proved before the Court that in 1850 Peterson
1A4 returned to Norway and the port from which he
shipped and where the of the Lima reside, and
in June Of that year with the knowledge of the said
owners obtained passport from the local authorities of
that place to leave Norway for the United State and
that he embarked at the same port for New York ia
Swedish vessel with his family, and removed to New
York for his permanent residence, where be now lives,
and had resided eight months when arrested for
such desertion.
Judge Belts held that the object Of the treaty between
the United States and Sweden and Norway ratified
deerers from the vessels Of the respective nations within
the por Of each other the authority Of the country to
which they belonged Neither country assumed the duty
Of compelling a deserter to out his contract
board the vessel from which he deserted The great
tona policy intended TO be subervcd by the stipulation
H. have restored to the country where they
belong and their obligation to continue with partieu
lar vessel the sufcicncy Of their excuse for leaving
her not matters either power takes jurisdiction over
undertakes decide further than TO ascertain thr
fact that they attached to such vessel properly
cocumented when their arrest and surrender claimed
On their arrest deserters they delivered to the
sui VI the claiming them to DO home in
,uch ysGlss hs ei~ct THIS local
ingy nterf-red only the facts proved show the
man claimed still ima e under his shipping contract
that the master Of the vessel could rghtfuy enforce
his service board II the within his control and
that he b. Withdrawn from that authority only by his act
Of deserton The Judge observed he not required
say whether this right Of reclamation could be
cs.d at any period however long after the assertion
CURED. becsuse, In the present tue upon
which the United states TO interfere to
deserter had fully satisfied by his voluntary return
to Sweden where he belonged and by his thus placing
himself under the control Of his own government. That
government by public official act subsequently sutho
ris-d him to emigrate the United States Whatever
effect that permission may have upon the civil rights Of
the Of the Lima in respect IL the vio
lation Of his contract with them by Pederson.
Guides the governs .nt Of Sweden demanding the
surrender extrsdion Of the by the L. states
deserter from the Swedish nag rh- United states aside
OF it, socitude fulfil with fidelity every treaty
gsxement would b~ impelled to execute its part,
prompt and strictly. mutual stpulatons with other
20 advantageous To ns own navigation and
trade and those securing the return home Of
her service but she could expect foreign
governments will interest themselves 70 replace within her
power such when they have been allowed 10
psrate themselves after returning and placing them
selves under her authority subsequent to the desertion
The Judge decided thst the before him did not
hor.e the detention Of the prisoner and ordered him
discharged from ms arrest
Tur CUBAN gypEpfriorsrs
Jrrg lo-The parties charged with being engaged In
fitting out q vessel for the purpose Of invading Cuba
namely John l. O'sulivsn, Louis schlessnger and Ir
vine Lewis, were called up TO plead
Mr. Osullivsn the accused, who acts As counsel for
hiuse and his as-cises said that from the vast
Der u counts In the ndictnent he would ask for time to
Judge Belts aid they could plead now and Afterwards
withdraw the ples, aud plead spec tally or demur
They s.v-rAy pleaded not guilty and the District
ATTORNEY announced that he would proceed with the
trial the nrst Tuesdsy in July.
III. Crand jury entered court with true bill. against
the following p.rsons .Inomns ws' ,o'
tanning . valuable enclosure. John Miller and Mary
Iatin. for emLeErinr hitter to diss Martin
No a5 Mercer street. John Parker and three others
for an sndsavor make revolt There wer. also Sc
v.r Indictments against masters VI reeseo ior bringing
more passengers than " all owed BY Law
Jr<s II --TAe Cutsn Eryrdificnas TIE rned sts',s
q. Jyn Suufr.n and othsrs-On the motion u defen
s.nt 10 remove this case to the Circuit Court Judge
belts gave the following decision
Judge NJ The defendant moved the Court on ms
Mt found BY the Grsnd Jury against him that
be mtted the Circuit Court The act Of Congress
Of August lsso (scs- Laws Top, oh rs, ~ author
iz.. th. United states Attorney at his discretion, to
oy. he Circuit Court District Court To remit TO tue
other indictments found In either aud IN Ia. u so
,op .n.rts that the District Court remit to
IN. Circuit Court any indictment pending In the Dis
tret Court hen in the opinion OF the Court difficult
and important questions Of Lac are involved in the case
Tn. District Attorney opposed the motion for remsti
tur bccauge the great delay which such course must
rr., .ns h.~,us. nu merous witnesses attending
for the trial q the case IN the part q the United s.-
many a whom detained IN jail because unable TO
give rrcuvnizanccs for their appearance. The Court
aked to BE- furnished BY the Defendant With the points OF
aw d,,m-d by be Of character to call for the
noy n the under the provisions VI Tn. statute
note a sueb Points vus accordingly glssr the Court
1ssv bs,. b.es sstsptiv.y considered not With re-
10 et., zine vkieh way the various suggestions pr9
pund.a in tts1s shyea be answered but to a. certain
bh.r th.v involve dse.tions ~ such difficulty and inn
a. 10 render the suty Of this Court to refer thu
tuhjrt the circuit Court Jns points u Law supposed
10 srs. under this Indictment do not seem 70 me TO
a.,ume 30 grave character Ths Nv set on Congress
may present ebatssb. question: and dsrsaHd the deci
s and constr ucton a the Court upon Sosc ouestions
Is highly probable; aud IL is not To be- exr-etsj any
ka Ina vsr