New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-03-31
Law INTELLIGENCE
COUNT OF APPEALS

oters respsnosn Notion By appellant 70 set a.ss he
order dsnrs tie sPp-A for want Of Prosecution John
J. Hill fo< motion; n Hill, Jr, opposed UadeT i'd
vismeDt
No. 10 Robinson. Survivor se r,-9ordent AT Stew
appellant Motion by appellant for Leave snend ths
and rtaru IN THIS e.tse Erznted ter- Samuel A
Fnot for motion Ssuuel Besrcsey opposed.
The People rel DAYS Palmer rospooaes.s stur-
tevsnt eppellEnt ard IS other like es-ses Motion bJ
.poDdenis 20 dsu the spPe.s in thsse -o1set
Court adUdsnx the SsfsndAn 70 Be in eootsmpt aaA d.
rectnz tie punishment thereof dsobeJtns the in1sctons
granted the stO.s brought b, the r.sPoodent, rePe
vey, The hsyorke Of the City Of New York.
vovinx the Broadway Railroad question N the CITY Of
Eew-York. Greeo. BronsOn John Van Bsr-n ofSs--
Chsre. OCoror and Edward ssndord opposed Tie
nsni Of this motion eontDued to P N and concluded
Ne. n The argument IN this eaase, conrenoed ycs.er
dsy resuu I'd, Mr.. Bi6veil closing reply.
Zoe e and g. struck from the calendar, Cling con
sent. snd noion of Es-ud Sanford counsel
SUPREME CoRRT-Is cH.xrtss-Bsfor- Judge
Iuve.is.tion By Recorder Committees. CT vitne~ and
HAbeas Corpus
Mr. John J. Hicks. who with Mayor Berry,
Of WiAmsbursh the grantees Of the new Ferry sa
NewYork 70 b established near the junction Of Brooklyn
and WihsrnsbuEh the Long Island SIDE and near the
foot OF Catherine-.t Eew-York was mnonsd "a appear
o. wines b. fore the Recorder the Investigation
edng IN regard TO ALL gid mprope,y on the part Of
tne Con.on Soa s .i IN s 20 ss.eha .Do "a -
to be witness and the Recorder committed him
for contempt The present. wit Of HaSess Corpus v.
BY the eCun.ei Of Nj H dr John rsh.i that tse Pc
oordr h no jurisdiction 10 coerce TIE attendance Of wit
the investigation bow proceeding before bun The
counsel for the people. (Hessrs Jas Whiting Ogden
Hoffman ard y. B. Bunt contend the contrary that
The petition on which the HAbess Corpu. f5unde .ay
that Judicial proceeding recoGHzed BY the law pend
ina before the Recorder-th.t no sgA compliant mas oeen
msde-aDd crime crimes specified IN the sabPTna %
have been committed br person OF persons-snd that
petitioner was not bound 10 submit hm,e 70 the J1Ii.c
ton Of the Recorder and that the waa Of oommitmsn
void The following IL copy Of the suoPrna directed
TO Mr Hicks:
City and C0saiy Of Ner York. %. Th- People Of the
State Of New York to John |. Hicks, greeting:
We command md army eulou los, that All other mat
beisg Laid Asde, and notwithstanding any erca.e you
be in your proper person before the Recorder Of the Cy Of
New York the Supreme Court SPECIAL Term room IN the
NV CITY Hail. PARK. sad City, MOadsy. 22,h March
1883 At II O'CLOCK IN the forenoon OF thai day 70 testify
the truth and rive evidence sccofdhg yoa kLOwedRe
a oersin matter on the complaint OF Azlriah c. Fass
and verified by the oath Of AksrAh c. tlagr and
otbeu llsEnE and ehaIrnE the commission OF certain
criminal offences within the City and County Of NewYork
snc for failure 70 attend you Will he liable 10 punishment
for contempt, and 70 the penalties prescribed By law.
Wines Hon Francis Tlllou Recorder Of the City Of
New orb this 10Th March. 1855. y. r TILLoy.
Mr.. Graham demanded 10 be placed n possession Of the
stand who said Be hs3 Lad the papers but delivered them
70 the ID strict Attorney. Mr Graham thea called upon
the Distinct Attorney Tor them. TIE ID A. sad ne had
papers which could only be brought 70 TINS Court
uorai The production Of me con psnt Andthe atdAyit.
on which the proceedings before the Recorder anded
would only have the elect 70 sabvert the Of Justice,
witness. would probably keep cut OF the vaT He con-
tended that the Recorder has JunscOn and that the oay
INQUIRY for this Court whether tbs snbpTnA expresses
that q comp sint has been lodged.
Mr. Graham in reply conteuded that tbs Recorder does
not to.ess the Office Justice beng
statutory and does not give ~icii and hard
case r Mr. Hicks be Imprisoned because he refuses -
he sworn. there being no power 10 the Recorder
Mr. Whitins in reply, coute Bded that there i, ample
power Of jurisdiction " hen the Grand Jury undertook
tins esao many OF the wtn-ss fed aud Of the
jurisdiction Of the State and Of them have remained
n he m -
sentiment the community which peri city ssIouni
ms accomp sned BY indictments and iest to his
Honor tbs Re codeT that he should take the rest
tion and 10. VIII the gentleman say that tbs
poceedng is mss nary on The psrt q The Reoorder ws
come up ana ,esfY what he might know eonoerniuf
tsr At sne lie either knows son'ta Il would see n,
himself has done something he prefers 10 conceal sud
Ewer Mr. Whiting alluded TO what would De the OF
society witness On beng subpenaad set up
iro the jurisdiction Of the tribunal sbpenains him The
Recorder, 10y virtue OF s Office as mAsstIae or Justice
OF the Peace, IL authorized u look feonies
other wTonEs whether The parties known who
TO assist such Investigation. Shouli action for
fass imprisonment be entered against the Recorder
has been hntcd IN this case tho question OF juris
dction can come up, but the present inquiry can
only be whether he Justice Of the Peace and the
subpoena by ITS Trims shows thsre has been compliant
Mr. WhtnE ~ an irs'Aee that Justice 1.-THE Peice has
roWer 90 at whore there 6llcgaiiOrs Of wrOnF
cited the case Of Colt AID Adams soe ytassgo, where
the now presoins Judge a. tLAi tine Mayor arrested
Colt suspicion q the murder u AfauIs-befJfs
the body OF Adams had been iOund-le hc1nE arrested
on FRIDAY evening Ssiurray morning aud tue bod,
discoys red til SUNDAY when iOIud On bOsd snip
lpaekeI boX and drtCitd erch lDdl-e 20 be carried
10 New orleans IL has now become question, sad Mr.
Wiring whether the vrtuOus plrCun o. the com ~
and the law Of the aud paramount murder
e1s and others ssp the foundations which society
The srugGe between toChlc v and Truth and
felony and corruption. and eune AMI ilsrce and b.
which III stand fall II awitness shield himself BY
plea Of vsnt Of jurisdiction, therr - end 70 good
order snd the wheels OF sos>ty vail Jsly b. cokgei
but locked and perfectly sill; md oa-udsrs not
only Of small bat Of ags chsracferg unpuushad Mr..
made o.hcF IemATis AID had no included when tie
. Court ~ ouIned 70 III forenoon.
SPECIAL TAM Before Judge MoRRis
pkcisi0N.
Oliver ChAIcck agans. EDWARD Archer aud DAVID Naldel-
beck.
Nj alleges that he erected dwe l.ag house for bis
own residence ~ n rty1urths,. Ehta.ls- sod
that defendants erected building within feet o. the
rear OF ct on Thirty hifds bounding, rrar AN
m lot Gnd occupy tOT iorges and steam engine ior max
tg railing that the steam and snlske great injury
TO plaintiffs hOuse and Ot Tor n 1nt1u
sfrauns them from using the budng I'd BY them
IL reply. As ssd detsn dAnts hsd their baildns nnh.
before paint eomUeuoed drying the foundation for h,
house thai b, anew the purpose be building 20 b.
capped for they DEW thar iury c1used ADD forth
thai pAntR has sGsa them IN prysie set1n 70. 5 90
clInages Motion ioI lsJancton aenied.
| SUPREME COURT-SFEcIAL Tran Before Juass I'd
WARDS.
DCctsiOSs
Horace Tar and Others at ID Traitei and osae-S
Injunction set aside tor irregularity, until