The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-25

[Frosn the Phnaasiphis Bullsdn, JAY -
The hearing ths Of VIZ Fisher. ALLEGED fugi-
Two from Labor, Continued up to o'clock last evsa
sg s.d thea adjsu,Asd until o'clock this .sr.isg
to afford Opportunity fer The nmoaisg Of witssss
for the dsfsacs.
At s'olsck this morning. the hearing was ssa. 70
sumed.
Lieut. John McGsIy. Of the Nsrshaps police sworn
AN Beatsosnt Of pslics Of hsyansssisg; never nv
Biol before to my kne wlsdse; was sick Wednesday
last left man in my stead At the station house;
aid Ass get there until of The asxt day; not
there on the day II arrest; keep register OF the
committed to this station aouss, when they cau
tell tt eir names: sometimes they deunk many
Of the cvsss Se ted to this
reported 10 me. Root Hin is officer at STATION
bouse; he did net report that he had arrested BM
Fisher, un,h yesterday Tse officers net bouad 70
take PIesefa betois the police ~sgs'r:ts is their
seIversstoa with Officer Hill Aberti George Fields,
Ad Dallas about tho .ttsr
The qaestoa ~hsther Alder McGsry had not been
At the Hall on rho morning the pi.onsr At the Hal.
aud whether tho Drssher ~as sun there, was ovsfrued
BY tbs Commissioner
Mr.. Pierce a.hed for an adj ,urnUsnt unit, he c,uld
eend for Alderman EcGsr,, the Pchce Magistrate OF
Msysmens who ~oud testify that ne Gas at the Hall
prs ossr Biz was spirited a.sy to Aderasn DAnss
Office that be tho prisoner there asked VIVA. no
there for and ready :" give piai hearing.
The Commits oHer decided that 1t ~ould be evil
denoc in the aud refused the adjournment
The testimony for The defence hare cosed.
Commissioner Iseraham notified counsel that hs
would give hs master Certificate - the ssse had been
Mr. Pierce asked the missioner he would not wait
until the babess sued out should be heard IN the
susie courts
not deo ed TO him and lie ooud therefore oos
oft II II had been 70 directed hs would know what
The owner, Me-. Ho~srd, then made oath that he was
afraid o. rescue aud me con sioDer gave hm Ger
ly eHnvey the prisoner 10 arylApd.
As toon az Mr. Hoa Ard had received the certificate,
Mr. Pierce council for tie prisoner. served another
hsbeas corpus upon him, directing him to bring tho
tody OF Bill before the Court Quarlec Sestons at ~
O'Clock.
Mr. Howard sad he would comply with the diree
ton. ane 40 the matter ended before the United States
ConmihsioIAr.
ANOTHER PHASE OF THE sAMB OAsR-PROsPECT or
TROUELE-CONPLICr OF JURISDICTION.
At ton oc clock. W. A,hmeaa, counsel for Jsited
States Marshal wynkoop, ash ed for hours time to
enable the MaIAhai TO ps pare return to the wd. Of
hatess corpus requiring aim to bIing rhs body Of William
Fbee the alleged fugitive from Ianst before the Court
Of Quarter Sessions. Judges Thompson Kelley a,d ALI.
present The tao writs OF hsbess corpus had
been granted by Judge Ason. Tho Grst served
on United States Marshal Wynkoop and the second
Mr. Pierce for the prison or Bill said that il the pr
soLer 10 be brought before this Court he would
object to hours delay bit if it to give time TO
enable The Marshal to evsds bringing the body Bill
before ths CeUrt, he would object For
known to Themselves the parties here interested had
tbs writ of habeas corpus answered By Mr. Freed thu
keeper OF the prison In whore custody tho prisoner
ought to have been He held in his hand the petition Of
Ltleton Hubert the bail Of Fieher setting forth that
Fisher had been taken orcbly from his stOdy he being
his bail 10 anlwef the charge OF assault and battery In
the Quartz Sessions.
This statement was positively denied by the Marshal
through his counsel, Mr. Ashmsad, who said thss all
the Marshal asked for time prepare his return
Whethes the MArtha would bring ths b,dy OF the fug
tive before ts Court not, his you'd disclose
II his right have time enable hin to AXE his
retuIb And he now In the midst of it He (Mr Az
zee to ssy, that this Court had jurisdiction OF
sss "s .t ,h INV before # the prs91sr beng IN the
incorrectly he could punished oy fas Of hundred
pounds, PeDGsl lyaDs currency for diobsJrg the writ
nj hahau To
counsel retOYt.
Mr. Pierce asked that tho Court direct that the body Of
the fugvs pe brought before 1t by the u 8. Marshal
who wa present
Judge Thou pson replied that no scton ,uld be taken
in the usi the body OF the was bsfOl thGm
Il ba6 been decif ed msLy times
Mr.. Pierce asked that an attachment be directed
against the u s Marshall WynEooa for the non produc
tion Of the body.
Judge Thompson said that be was entitled to his at
tsehneDt, and Greeted 1T to be issued
Mr.. Ahhnead Ieplitd thst he would direct the u. s.
Marshal to into his Office, and there await tho
vice Ut the attachment.
Marhal Wy nkoop then left the Court to await the SER
vice Of the court.
The attachment was given into tho hands of Deputy
s sns as VIM VINO waited upon tins h.rsnal
ut present engaged in his official duties would be at
bis service an soon 81 he had through with his bust
ness.
TIE Deputy Sheriff returned again to Court and notified
Judge Thompson Of the answer he had received, and
Jr5Ge Thompson informed him that the Sheriff
serve he attachment, or make return showing why he
TIE sheriff again departed on his mission.
Inc DePuty Sherh returned TO the Marshal but to
O'clock The latter had not beer produced in court.
We unferstoCd that Judge Grtr of the United state
6iIcut Court hsd been for in consequence Of tn
service OF the attachment upon the MAJ shall.
10 tho meantime q bench warrant issued out of
the Quarter Sessions against j. Howard. the Of
the Save and he was into custody by Of the
at about IL O'Clock, Msrshsl W,nkoop was brought
into court by the Deputy Sheriff The svore to
bis answer TO the writ of habsas corpus when his
xpl n ksd art .ha ho
said that be had ever known htsch9ent to issue,
without . rule to show cause drst bsins had.
Mr. Fierce ALE that the Marsha be directed to purge
himself Of the con mpt before his received
Mr. Ashmead replied that no contempt had been in
tended to the Court or any BODY else
Judge Thompson called up Mar. bal Wynkoop, and said
that this Corrt Ching the power yen it had issued
al mcnt against hun for o,ntcmp.. lie desired the
Rarshsl to explain Why hs had Cbeyed the writ Of
habeas corpus served upco him.
MAJ shat Wynkocp replied ,hAt he only wanted sniff
Gent time 70 prepare his to the writ, and dis
Cenrt
Judge Tbom on said. that as the Marshal had dis
claimed nteuosd contempt he could le hs answer,
which averTcd that tho Mas shall the slave by drsc
ton Of the Uni.d States Conm, ssiouss and that he
directed TO tshe sufficient force cosyey the prisoner
info Maryland and deliver him to his
Mr. Ahmesd ful her said rh,t every body who kaows
hrr hal wy akoop v feel Satisfied that his not bringing
the body Of the prisoner be,ora The Court In
tended state the writ OF the Court but where tao
questions 10 he decided a'e very grave they should
be decided without gave Argument aud reelection.
II the prisoner should DO Iaksn from the Marshal vita
or without his conaep for he la roads he would be
liable not osly 10 Indictment but to fac Of 81 000
under the ast OF Congress He holds the prisoner by the
certificate given to hiu by the Uatsd STATES Commits
siontr, whose power. BY the OF pgess, 10 such
matters il equal to that Of judge OF the o. s. Circuit
Court.
Judge Thompson REPLIED that this Court has right to
know ~ho takes away citizens We kno1 that
the u g. Sarshsl holds the body, that Mr. Wynk,op
i, The Marshal There is clash of jurif dicueu here
We oeeiIe to kpow whether any oiesoe beea commit
ted by tire alleged tave against the laws Of state
We con- intend TO take him out u the custody Of tho
MsrbtL
d. 7. Brown sa;d-Ths simple question was whether
they lad right to hold the claior this Court having
Issued warrsnt OF habeas c)rpus for his body aud has
he coz Dt.d offence sgaiast the laws OF Penosyvs
Dias In the majesty OF the Of this State pgf
Where the nssns Let his body be brought and he
has committed offence against Is ~, 1T him be
tried it. twill then be time to ask TO take him to
Maryland.
What Is the he Is Dot produceaS His not being
here tempt but probably NOT strict sense.
L.. there Se practical compliance with tho writ How
the Marhal be subec. to nne indictment IL the