New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-07-25
Mu,hsl wypcoop then Iea the Court to AVA. the scr

Mntbal Nyncoop then ien the Court 10 aTa' the scr
The attachment was given into the hands OF Deputy
Sheriff VIM Rillmeyar, who waited upon the MARSHA,
aud was informed ny Mr. Ashmead that the Marshal vas
NJ prevent engaged in his official duties bu. woud be az
his service he had gone through with bis basi
ness.
The Deputy Sheriff returned again to Cour. and notified
Judge Thompson Of the no had received and asked
for instruciioIs
Judge Thompson informed him that the Sheriff mas,
the attachment or make return showing why he
could not do so.
The Sheriff again departed on his Mission.
We understood sss judge Grs Of the Cnts s states
vice VI the attachment upon the Marshal
rnE CLAIMANT iS CUSTODY.
In the meantime bench warrant vas issued out Of the
Quarter Sessi Ms against e. Howard the oTnsr of tbs
slave ne taken 10 custody by one OF tse ON cSr
Of that Court, and brought before the judges
Al about u O'Clock Marshal Wynkoop was brought into
Court b, the Deputy Sheriff The Marshal ssOrs to BIS
answer 20 the writ Of hsbeas corpus when bis c0unse
asked to present tbs II the fret time h. and
that he had known attachment TO issue, without
rule to show cause first being had.
Nj Pierce asked that the Marshal be directed 10 purge
hin self Of the contempt before his answer vas received
MI Ahmead replied tina, cOn.smpt had been intended
Judge Thcmp'on called up Marshal wynkoop, and said
that this Court exercising the power given il had susd
attachment against him for contempt He desired the
Marshal 10 explain why he had not Ooeyed tbs wit OF hA
beas corpus served upon bim.
Marshal WypkOop replied that he only wanted sufficient
time prepare bis return TO the ~rt and disclsinsd en-
Judge Thompson said. that, as the Marshal had dis
claimed intended contempt h. could nov is his answer
which that the Narsha held the slave by drec m
Of The United States Commissioner snd that he was direct
cd 10 take sufficient force 10 convey prisoner int Mary
land and deliver him TO his MASTER
Mr. Asbuesd further ssid-that everybody who knows
Marshal Wynkoop will feel satisfied tina. his not bringing
the body ofthe prisoner before the Court not intended
evade the writ OF the Court but where the questions to
be decided grave ones they should not be decided
without grave argument and reflection II the prisoner
should be taken fIem the Marshal with whou, his
sent for the law reads he ud be liable not ony TO an
Indictment but TO hne Of $1,000 under the Act OF Con-
gress He holds the prrsneT by he certificate wen him
by the United States Commissioner whose power by the
Act Of Congress such matters equal to that of Judge
OF the | :. Circuit Court.
Judg. Thompson replied that this Court has right 20
know hO TAKES s@sy our citizens We do not SNOW that
the L. : Marshal holds the body that Dit WynkoOp IS
the Marshal There is no cl4sn of jurisdiction hers We
desire know whether any OfeIss hI been committed
by the slsged slave against the laws OF our state We
don't take him out Of the custody Of tbs MarhA
ID Z Brown sad-Th9' simple question was, whistler
they bad right to hold The relsOT tins Court having is
sued writ VI habess corpus for his BODY and has he
ned suy OffeDse against the laws II Pennsyivsnis
Is the sjesty Of he lar Of this safe nothing Where
is the man Let his body be brought in. aud If he has
committed Oir aDst our Ia lot him be tried for
IT, It will then be time to ask TO take him Maryland.
What is the reason he is not proiuced His being not
here contempt but probably no; in strict sense Let
there BE- practical compliance with the writ. How an
the Marshal be subsct TO iue Indictment il the
sh uo be taken from bis custody by proper rlbunAi
lhy say he shall go back AS slave We SAY be shall Al
given Instead Of production of the body II you dscle
of the Marshal tbs is OH ii Ainst him. SIN
he ia of.
Jud ge Thompson remarked that the simple question
whether the re'uIn is suti lent
Mi Ashmead replied that though the question was SIM
pie one very grave in It's conse luences, and 1t an
adjournment WAS had until Nor day morning, he would
demonstrate by authorizes that this Court had no jursdc
ton in The case 1t had already been dcid-d in atsss
chuetts II postponed, tae mao should Mt Do removed
before the question IN luld be decided
Mr. Pierce asked that the body of Fisher be produced
before postpone ment WAS determined
Judge Thompson said the law commands the Court 20
grant writ habeas corpus TO any person making the
proper petition for They bad discretion IN the nat
Ter The custody of the admitted by tle II rsha
and 10 take his word that he shOud not be removed ud
be 10 place the liberty of the upon the SIMPLE word Of
the Marshal in direct violation Of the rights of the prisoner
in his CUSTODY that would have been suif isn't return.
No other return will answer. Tbs Engh Courts make
exception to such return aud that u IN the case
of impressed seamen The has been sufficiently ar
gueo 10 satisfy n. and cannot sdoarn this over.
The answer sufficient and the boy Of Fisher must be
broug TT into Court By the Marshal
Mr. Ashmead replied, after consultation with the Mar
sbs that the Marhs deoutd bringing the body of Fisher
into Court and that ne stauds upon his return.
TN MARSHA ARRESTED FuR CONTEMPT.
Mr. Pierce then asked Tor attachment against the
Marshal, Tor contempt.
ted ht the ac of an officer calculated To brng the
oTso,i,n and the Un ed States into conflict.
The er-gn, and tner laws must be enforced
Ther may lead US The attachment Is ordered % DC
issued
The .. s. Marshal was then taken into custody by the
Shenf.
The owner j. C. Howard, discharged from custody.
he not having thu BODY of Fisher in his custody.
The answer of Mr. fread tbs Keeper ct the Prison that
he hsd not the body OF Fisher ia his CUSTODY was deemed
sufficient by the Court
The case rested here for the present.