The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-27

litsis AFTER IL O'Clock rshsf was brought up from
prison. to which he was committed yesterday.
JNdss Thompson ssksd u any oss represented tas
The Marshal vas sent fos and appeared accompanied
The ball Of Fshsr was represented BY D. P. Brown and
VIM. g. Pierce.
Jrds: IAo.P:on Mid Il : !: we're ready: :,
the United States concerned be has nothing further to
than that he ssrrsndsrsd the body q Fisher upon
SAY, against my judgment and advice - -
Judge Thompson-Who represents Bill Fishers
Mr. rsrssi appear N double o.p.o,sy Is counsel
P. Brown. / appeared before the Commissioners for
Fisher.
Judge Thomp.on-Have you any objection to the 70
D. p Brown-No not to the return.
Judge Tnompson-Bsfore proceeding, would like to
know whether there is any objection to the recordS
Mr.. Perce--Tbere is The Marshal makes return that
ne has the body Fisher in court The general import
Of the language is not to abide the order this
but TO do he commanded by the certificate of the
United States Commissioner. II the Marshal will say
whether he claims the right to do with Fisher the
Commissioner directs, will know whether to object
not.
Judge ThOmpson-on locking at the return coasd.
er it sufficiently definite The Marshal says he has the
body here, commanded in the writ
Mr. PIERCE will begin by reciting the facts set forth
in the petition of Lyttleon Hubert the bail for Fisher
He then resed the arrest the hearing before Aderman
Enue his committa to prison for further hearing
charge OF assault and battery and nctng to ro-his
subsequent release ball. and final binding to
the charge the Sessions of this county Al
the aee of Hubert that Fisher taken Of
his custody by person unknown against his will
The question then is what disposition shall be made
of the pIisonerY He Is claimed by his bail who alleges
that he taken out Of his custody and also by the o.
s. Marshal who claims TO have the right, under the
t6cate given TO him by the u s. Commissioner,
move him to Maryland. The custody Of the bail is
The State Of Penpsyvan has claim upon the prisoner
to for offen.e ans the dignity OF her laws
The master asserts that he him service The ques
ton hence arises who has the primary claim wheth
the civil right OF OverriCe3
Common wealth The custody of the State began the
ed Of May that of the on the 23d July The
Commonwealth permitted the bail to become his
diar and the settled principles Of the Ia is that the
bail the aor keeper Of the prisoner until called for
1t is the right Of the prisoner to find keeper his
custods the duty of the State OF the bail to
procure 1t is the right in favor Of his liberty
In some instances the bail agrees to become RESPONSE
ole in person Why. the very right of the bail to the
custody acknowledged BY the service of the writ of
habeas cerpus upon the bail his kseper In proof of
this. Burns 'Juste"-tite, Bail-was quoted together
with other authorities These show that the bail has
authority his principal but there is lying behind
him the great State of Pennsylvania, who has claim
upon him to She has nade Hubert the jaller
by letting the prisoner to his custody, with condition
may be objected that be is not in actual custody, but
this is necessary The question then to this
Whether this court win permit the prisoner be
from its custody BY another tribunal claiming to hold
sequen to that Of this court Pennsylsania has the
drst hold-frst in time and first in right. We now
claim that he be remanded TO his ball. and let the Mar
sha lodge with him such process As he has for his
tenton. II the Court should be of opinion that the bail
entitled to bis custody then We ask that Hubert
be permitted to surrender him to the custody Of the
court, by pacr him in prison.
D. P. Brown followed Mr.. Pierce on the same side,
and elaborated the argument Of the latter gentleman.
Judge Thompson said substantially that the question
which had been ably argued was made to depend
trely the right the bail has to the custody Of his
s bee nss
shall The return shows that the claim Of the Marshal
to the prisoner properly founded Thus far the
presents difficulties The question asked before
the argument menced who represented the prisoner
and the response that counsel appeared for the bail
and prisoner both The argument has entirely been to
custody OF his bail The matter is confined to two
quesons-fr st what does the prisoner askS This has
ask TO he remanded his bail The second is-who s
to have him. the bsh the Marshall The right of
it, is then the only question That the bail has the right
the custody when the prisoner taken from prison by
him, is not denied. He take him wherever and
whepeve found, and one has the right interfere
with him in that right Though the bail has this right,
if Re suffer. the TO go at large he becomes sub
The only difficulty is to apply these plain principles Il
law This court while ready sustain the ights Of
the common wealth. or any other rights yet whore the
it is Necessary for the rights of all that the proper
forms Of law shall Be complied with. This has been
that the principal need only, attend court on
the day to which he is bouId to appear, except
Court nybody else compel him to appear in
Court The bail alone can enforce It. BE can control
him on all occasions and on AL days. He has more
power than the court over him. Hubert by the power
Of bail piece could have grasped at any time and any
where This he failed to do but into Court and
represents Of facts which her represented
by counsel than shown to exist. Still they are not
denied By these it appears, that he has not enforced
his rights, by taking out bail piecs. This custody
being the state of the present action cannot
be TO surrender him to his bail The prisoner don't ask
the law has conHded to him. We cannot take it for
that the Marshal would not let the bail have the
prisoner on bail piece As the bail has taken the risk
will not interfere that he shall appear to answer
If the prisoner should be conveyed to another State
the bail must take the means to bring him back. 1t is
the consequence Of the risk he assumed the prisoner
had been in actual custody this court would not hest
tate to enforce compliance with the petition. II did
issuing and enforcing the writ Of hsbeas corpus The
enbarrassmentin the case, and collision of jurs
dction The fugitive law intended to suspend
United States declares that this witt cannot be suspended
but in the contingencies therein named Whoever should
attempt it, would into conflict with that instru
ment and ne wonld be happy restraining the attempt
in that present instance As there conflict of
jurisdiction, but is simply question Of the
right of the bail to have the custody the prisoner
upon bis coming in ask IT, declare that the prisoner
is not in any way under the conuol of this court and
therefore, discharge him from the custody Of the
The prisoner hereupcn tab into custody BY the
United States Marshal and immediately conveyed to =
car rage, and taken on the route to Maryland
NJ. Pierce asked the court for bail piece, and
informed that it was q writ Of right.
bail piece made out by Mr. ShArkey, on the
cord being fled and handed to tteton Habert. who,
with several Others started in pursuit Of the Marshal
and his prisoner.
Whether they overlook him or not, we have not
learned.
TELEGRAPHIC.
PHILADELPHIA, July 26, 1858.
After the fugitive placed in charge of the Marsh ii
bail tiece WAS got by the abotonsts in order to
claim him and officers despatched to the Baltimore
Railroad Depot in expectation that he would be sent
to Maryland by the two O'Clock train but finding that
be had been taken away in carriage, officer with the
bs piece went Wilmington the train expecting
TO head him off. We have not heard the result.
The carriage containing the fugitive pursued by
blacks, but riotous demonstration was made
COroners' Inquests.
DEATH CAUSED BY A FALL-CoroDer Gamble
yesterday held inquest at the Sixteenth ward po-
lice station house, on the body of Samuel Crawford
aged thirtytve years, native Of Ireland who came
to bis death by fracture Of the skull, caused by
falling from window on Monday last, while in a