New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-12
CASE OF SNEED.

We ind the desscn Of Jsdge sheldon dscharging Pat
rck eneed from custody acharge OF murder in 7heBY
falo Rough Notes II as follows
The prisoner Patrick Sneed brought before me by
the keeper Of tho Jail of Eric County in obedience 10
writ OF habeas corpus issued TO him the Sd inst The
return showed of detention commitment by the
Police Justice Of this city, which was regular on its face
and directed the detention Of the prisoner for further
animation on a charge Of murder The return was not
denied but the prisoners counsel interposed traverse
uoder the lsh section of the act relative to wrts hsbe
ns conus alleging that the Imprisonment was unlawful
nj pason of the entire want Of jurisdiction IN the mage
r.,e 10 issue the warrant Of arrest and alleging also tsi
the commitment was irregular ana ths ne was entitled 70
pointed BY the statute, and decision made support
ing the allegations of want Of jurisdiction and the irregu
lefty If the commitment and further deciding that was
my duty under section 43 Of the same act TO proceed TO
hear the testimony offered with the return and on the
hearing thereof, and the whole matter was heard on De
ha of the people and the prisoner the 9th and 9TH inst
The prisoner IL sought to be detaineda asa fugitive nom
Justice and is alleged thet in the month Of July sts
he committed the crime OF murder uPcn James Tonnes
within the State Of New York The proceedings Tor his
arrest and commitment declared by the Revised Stat
and commitment of persons charged with commission OF
offences within this State. The act OF 1889 declares thar
n shall satisfactorily appear rom such examination tns'
inch person has committed criminal ohense and ~ ia
s;tyc ffom Justice the examining magistrate IL to commit
him jail await the requisitonof the Governor OF the
state wherein the fugitive committed the ofense etc
Nv reference TO the statute in regard to the arrest and
examination of offenders. their commitment etc. IT viii
he observed that ns provisions relating to ofense com
mtsd within this state differ in important particulars from
the sections above stated applicable TO the arrest Srd
commitment Of mgtiyes from justice IL IS provided ~
ths former that II il shall app that an oense has besn
committed aud there Is probable cause 10 believe ne
prisoner TO DO gully thereof he shel be committed 70
prison to await his trial unles bail IS cered II the 'ense
be baishie. -. ,
In ,hs case under consideration, in orler to commit
mus, satisfactorily appear that the prisoner has ne v
committed q criminal eEense bat th" nc y .us's 20
Ssm Justice and In my opinion IL requires SNasNo "
eerent and more conclusive chara ter 10 JUSTIFY Con
,ment a. Fugitive than would be nee, ssarS 10 ue'ai
A. an ender ainst the laws OF the STATE Two essou
tis points are TO he established First that the pis'n
has committed the crime Of the murder OF Nj James ("
Iores snl second that he Is fugitive from justice anu
rorose In brief TO review the proof and allegations inr0
Snr,' a nv the PEOPLE and the prisoner.
II aprears that on the sOth Of August public oicer
his CITY received letter purlcrne :. DC signed oS ~
S"J Is ZONES and dated Saraicgs, August le' vhie
ssts in substance the; the writer had Forwarded news
10 he officer relative to the prisoner an desirn
trov what be would deliver the prisoner Tor al SsvaI
nah or Baltimore The paper y suS;S hand Sl hin ,r M
ssr;rs lsr,To rewards for the mnIterefs o. James
49, one 81 which mentions the prisoner oy name, an
sontsns an accurate description OF ms pelsen Sn1
and 10 which | shall presently refer 'nosc @
.The afeer answered that the prisoner could ee 49,
"a sone corresnopdeu0e then occurred when the onS'
arc ont /, warrant and made the arrest. several os.
tsers from Mr. A. f. Jones, all since me -V'h u ~
ssnrodueed which state that finally be has soAo "H9V
"a 20 nnscure reqaisition from the hAeea'Ne u
uc rad bsca informed that Il WAS Necessary "
S :, come here to prefer complaint ana was ava
r. s,a,eS that a reQusiton was necessary 70 Seae
80 ths rsoncr bat leaves THIS s'@te as ne say ~
,sdite the forw ardir Of ute papers 1, H. r,,.,..
IA, and encis arewRgd Tor as doNs ~ a ~
- nr Dslimege Wihout teFthss ae'SIs M Wa
-, 90 s;ae hat upon this information d9ssSS -
Do srcIs 81 H.. A. L. tooes ana '"' o~-''''- "