New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-07-27

than that he surrendered the BODY Of Fisher upon bis
amended return and TO place myself night must say
/ agar 4 uy judgment snd advice
Judge Ibt mpsOn-NhO represents Bill Fisher
Mr. Psrce-I appear in double capacity az counsel
Tor Fisher and Hubert. the bail IN correction VITA ID T.
Brown appeared before the Commissioner for Fisher
Judge ThOmpson-Have you any jecion 20 the return
y p Provn-No M. to the return.
Judge Thoupson-Before proceeding. ! would Ike 70
krow whether there s any objection to the record
Mr. P.fct-1bere i. The Marshal makes return Nat
he ias the body II Fisher in Court The general mPo IF
le srgusee is not 70 ABIDE fre order Of this Court o1 -
DO p h wss conn snded ~ tte Certificate Of the oil 81
Sfa;ss C1nmiss,per II IL Msr:bal will ssy whether ~
cns he right 70 Do with Fiber The Commissioner d
I recfs will know whether g. object n not
Judge Thomrson-On looking AZ the return we eonsasr
efficiently definite The Msrsha Gays be has the body
/ tere commanded IN The wit
M PIERCE will begin by recng the facts sat orh 10
ie petition Of Lytteton Hubert the bail for Fisher lie
hen reced the arrest the bearing before Alderman Enne
E conmitsl 10 prison for further hearing on the chsrs
II assault ard battery snd melting 20 rot-h suose1en'
leap bail and final binding over 70 answer the
,,he Quarter Sessions Of this County Also the aega-
Ion Of Hubert hat Fisher vas taken out ct ms cu'ody oy
! sCue person unknown against hls vii
The Question then i. Whist disposition shall De made Of
ffe ursoner lie is claimed by bis bail Uho alleges tnA
h vas AK out Of bis custody, and also oythe ~
al who claims 10 have the right under the cerncate
,. 70 him bv the L : Commissioner % remove NJ IN 70
Mary'ard TIE custody Of the bail IS constructive oui II
IS .uch custody s. the law recognizes lh@ ott'- u
Pernsyvana has claim upon the prisoner 70 answer or
IN 81, NE aeairst the d ry q her laws me m'st-r
s.serf. M IL owes him service Ths question hence
sr-es who has the primary claim or whether the civil
-lt ~ The Master dverrides the laws Of the Common
a4.lI The custody Of the Stste began GA the 2sd OF
nsv that If ire MISTER On tn I'D If July M Com
f r-sh permitted the bail 10 become his Custodian ana
90 .4 urncipe Of the Law f. thst the bai j. he TAILOR
berr Of the prisoner until called for II j. the right OF
no rt;sonfr 70 find some keeper a. hs me
uty the State the bail TO procure one Is nghi
10 favor Of fis liberty 90
i'm some instances the bail agrees 70 become responsible
vfson Why the very right Of the ban to the custody
Loo a buf the .-rra AZ =
~ uroD The bail his keeper In proof Of ms Blrns
Justice title, Bail quoted together with other author
les These show that the bail has luihorty over his pm.
,pa. Int here il living behind him the great Safe o.
T'rrs,lvsna who has claim upon bin to answer. She
20 IL ade Herbert III TAILOR by letting the prisoner to hs
custody 9Th conoition. Il may be objected mat ne y
Of in sctual cutody but this Is not necessary Tne q1es
ton then comes 10 this Whether this Court VII permit
lersorer 10 be taken from its custody by another tnou
a csimiI 70 hold him. whose custody ca not oeg'h un
III two months subsequent 20 that Of this Cont
Pernsyvaria has the fret holdir in time and first IN
-ieh We now claim that he be remsnded T. his bail and
,tie Msshal lodge With him such process as he hls Tor
II the Court should be Of opinion that the bail is not en-
titled 70 his custody then ak that lllb-r De permitted
20 DER lin to the custody OF Tie Court oy pAcS
y p Blown followed Mr. Pierce on the same side, and
elaborated the argument Of the latter gentleman
Judge Thompson sso substNtaHy max tle qu'sloh
viii IA bsd beez ably argued, was made to depend en-
rv upon o ght the bail has 10 iha custody oi NJ pm
cipsl Let Low the qresii. arises Inc Judge
d
Tie return shows that the claim oi the Marshal n the
prisoner il properly founded Thus tr tue case presents
10 difficulties The question wa asked before me srg1
rnef conmeuced who represented the PRISONER ana me
respor e that Counsel appeared Tor The Dali ana the
pro1er both. The argument has entirely bsen 70 show
iha, tle Count should remand the prisoner 10 the
tody Of bis bail. The matter is confined 10 two qurs-
t,1s-fIst, what Goes the prisoner ask ms mas MOI
been discussed The prisoner Is here and does not ask TO
BE- reuanded TO hs bail The second s-who is TO have
Iirn-iL. bail or tie Marshl The right Of the bal 20
demand The CUSTODY and the Court 10 grant IL is then the
only question. n.
orer il taken nom prison BY him, is net denied. Tie can
'ske hin l 4reyer and Whenever found and no one has
the rl 1T 20 interfere with him in tha right. Though the
bail has this right il he suffers the prisoner to 20 at large
lehecCnes subiected 10 other rights. This is settled by
urioniy The only dficuy IS 70 apply these plain prn-
| cples # Jaw
foYweh or shy other rights. yet whore the lsw points
ont way for bail 70 proceed u Il necessary fort
~ ~ that The proper crms O! lag shan be compiled WIN.
hi. has been ne elected by the bail Petersdoh on bail,
shows that n pr opal need only attend Court on the day
TO vi ich be bound to appear except where be hss sps
ca notice from the ba TIE Court nor auybody else can
ccr. linn TO appear in Court The bail alone enforce
H. II can control him sl cclsions, and on 81. ,ys.
lie las more power than the Court over him. Hubert ~
The uover Of bail piece, could have grasped Al any ume
ard.ryWhere This be failed 10 do but comes into Court
srd enis state OF facts which are rather rePr'en 81
Nv council than shown 20 exist SUI they are ny GEM "a
,, Nee 10 qrpears hat he has MT enforced hls Sh ~
taking out bal piece. tbs custody OF the prisoner was
rt a. active custody THIS boifg The state o the
action cannot De 10 surrender 10 s Dali
The prisoner cont ask j., He has not attempted 10 -Ner'
else H. r. ht which the law has conhdtd 70 hin We can
not tske for granted that tn Marshal would Dot 1T the
hsi have to prisoner on oil pi~oe A The BAL has
taken the NIX viii Lot Interfere that be shA appear
60 aGsWer ,
i the ri.oner should be conveyed to another state the
li lsi isf the means 70 bring him back lfs thu con
..ouer ce OF the rsk j. assumed i ihrpsoler had oe-n
IN actual custody Court wond not hesitate 20 eniorce
compliance viih he petition a. u dd ia ISSUING ana en-
nrGrg the wit of habeas corpus he Court would re-
, mir i'm Ia An, Il here first.
there j. 70 enlargement il the ard collision
Of jurisdiction. The fugitive law Wa never loiend-d 10
u.terd the writ Of habeas corpus he Constitution 81
he United States declares that tins WIT cannot he suspend
,d ont in the cOuin geIces therein nHmtd "hoe' er
,tould attempt L. would come into conflict with mat insiru
melt ard he w,uo be happy restraining the attempt as
A.tt.r, i. 40 conflict Of jurisdiction but is simply
ouen # the rch Of the bail 10 have the custody 81 the
pCLtr upon bis coming IN TO AK ~ We declare tlat the
.oItr is bot IN any way he control Of i1s Court
md therefore ois, barge him hom tie su'iOdy OF tbs
Tie prisoter was ihereupon taken into est dy by the
Uriteo States Msrsha and Immediately conveyed - a
csrrsee and taken on the route 10 Marjl.nd
Mr. Pierce asked lbs Court for bail piece and was II
fo.ued that Il WA a wit ct right
bal piece wasmade ont by Mr. ShGrkey the record
being fl,C. sld HANGED 70 L,ttl,ion Hubert who, with
several oLer-, started IN pursuit oi tnr Marshal ane his
Whether hey overlook him not W. have not learned
At,riic fugitive vas placed 10 cnArge OF The AlArsa
l p'eCe was got out by TIE Abcuonsts IN order 90 re-
cs n Lin and officers Sere dispatched % The Baltimore
harhd Depot expectation that he would be- seat on TO
MaIysnd by the clock train but nndng that Ls d
ten taken away in csrriage An ohcer With t. osl
r.toe went n O. NlmI gtDu IN the rsn e1pectiog 10
i,sd Lin of " have not heard the result
The carriage containing The fugitive Wss pursued by
black bur 10 Ic'ous demonstration vas mAdV.
town meeting or paying respect 60 ihe memory OF tie
a,e John Price Weiheriil was held this e'ening.
CANADA
The soil and Crops in Canada East-Habt- of the
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