New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-04-07
Decision OF Judge MORN. in the Case OF
HIcLa.
n The mater q John Hk Haoea- corpa- beore R01 "
Morn. ast4ce q III saprene ColTt



Hicks.
Morri. Jas;.,e of h sag-ene coaFt
OPINION.
The prisoner, John j. Hicks, is before me
upon the r.tnrn Of Habess Corpu, ssled TO the Seer
if the City and County Of New.York.
The Sheriff returns that John Hicks is in custody
and retained by virtue OF commitment OF the Rec
order of the City Of Eew-York a copy of which Sheris
Or.er attached his return. The important part OF
said commitment is contained in the following extract
from H. viz
"U1ereas on the 2lst day of Aar.h 1853 before the
Recorder personally appeared A. c. Flagg Controller
of the CITY Of NerYork and made complaint mat GER
tain criminal ofen'es 70 wit criminal frauds upon tae
Corporation Of the City Of NevYOrk and the obtaining,
BY criminal meaDs moneys from tue treasury OF tue
sad CITY had been committed IN the City OF NeT-fork
By divers persons unknown and thereupon on me gay
and year aforesaid and various subsequent days, eH-
smiIed on oath the said complainant and certain wit
produced by him touching the matters eoracei
in said complaint, and upon such examination safs-
factorily appeared TO me that John Hicks Wa ma
teal and necessary witness behalf of the People oil
the state of Ne~York In relation 20 said alleged Grim
iual ofenses &c On the 26th Of March, 1888 Issued
q subpoena to the sad John J. Hicks commanding MIN
10 appear before me, & the 18th OF March, *, 70
give evidence in relation 10 sad compliant whlch sha
subpoena az proved BY the admission of said Hicks was
duly served &c, on the 2sth of March" On the 2Stn
Of March 10 pursuance of attachment issued by me
70 enforce attendance upon said subpoena "hcA ne ad
refused 70 obey having been brought before me, &c
the said John Hicks then and here requested ana
directed by me be and testify the truth OF all
matters within his knowledge relating said complaints
ard being so required and directed the said John
Hicks positively and wilfuly refused TO be sworn aud
TO testify in said matter of complaint or his knowledge
thereof He was ordered 10 show on The 21ih Ot
March Hhy he should not be and testify or stand
committed On the 29th Of March he appeared aud no
sufficient legal cause having been shown Tor MS so
-. 80 IN m
said Hicks sull persistiDg in such refusal and having
been adjudged by 10 be guilty of a criminal con.
tempt In so refusing and continuing % refuse, now,
heretofore you are hereby commanded 10 take body
of the said John Hicks and forthwith 20 convey him
to the Common jail Of the City Of Newfork and you,
the Keeper Of said Jail, are hereby required and com
nanded 10 receive the said JohnJ Hicks and him safely
keep in close custody until he shall submit 70 be sworn
and testify in said matter until be shall be discharged
BY due cOurse OF law.
To this return Of the Sheriff, the prisoner John j.
Hicks in accordance with the authority OF 20 Section
Of the act in relation proceedings upon Habcas Cor
pus cd R. s, $780, denied that Recorder Tillou had
obtained jurisdiction Of subject matter 30 as to su-
thorze that officer issue the subpoena and attachment
and 10 adudicste the contempt and issue the commit
ments mentioned in these proceedings.
As these proceedings have very properly excited
public attention the subject matter Of the investga
ton pending before Recorder Tilou. Qf such subject
matter exsts is Of vital Government 10 the well BE-
ing and reputation Of the City and her citizens, and "
II il most desirable that fellow citizens should
know the powers Of Judges Of the highest judicial u
risdiction in examinations to detect the commission
Of crime and cause the arrest of offenders, and to
know the duty of oil Judges whether OF the same or
even Of less general judicial Jurisdiction by Hsoeas
Corpus-in fact to reverse the proceedings OF the
Judge conducting the examinston-I will presenter
the information Of my feilowcitizens the powers OF
these apparently conflicting magistrates, though all
s.y may not strictly apply to the case under consders
ton
The Statutes Of state, and particularly Title Is
of Chapter OF Part 4th OF the Revised Statutes found
At mage 7O6 I'd Ed Of the Revised Statutes altered
by the Constitution Of 1916 and the Judiciary acts
passed under that Constitution gives to the persons Ter
the time being holding the following offices, power to
issue process for the apprehension and detention OF
persons charged with the commission Of ofenses viz
Justices Of the Supreme Court Judges Of the Superior
Court of Law of the City and County OF NewYors.
Judges of County Courts, our City Judge Mayors, Re
corders and Aldermen of Cities, Special Justices and
Assistant Justices Of the City of NewYork Justices oil
the Peace appointed for any city and elected in any
town and to no others Each Of these officials in per
Torrance of the duty of causing the arrest and con
commission Of an ofense has more power than the
other The Presiding Justice of the Supreme Court.
in these matters has more power than the Justice
ofthe Peace.
Each of these officials must gain jurisdiction in the
same msnneT viz, by the presentation 70 them OF
faof. showing either the commission Of an ofsnss, or
such fact as tend to show that oEense has been
committed Those facts may be established either by
the oath Of complainant, or if the Magistrate saw
the facts which tended to show a criminal ofense had
been committed he may enter statement Of them in
hi. proceedings and upon them Issue his subpoena. II
he saw the facts he may issue his subpoena without
tering statement OF them in his proceedings though
as he is obliged 20 prove his jurisdiction it is prudent
for him 10 enter them. After such fscts have been
proved and the Magistrates jurisdiction thus estsb
ished he may issue subpenas to witnesses requiring
their attendance and obligng them to give evidences
If Witnesses refuse attend they may be arrested
attachment for not attending and whenthus brought.
before the Magistrate they refuse to be or to
testify, they may be asjuiged guilty OF a crmiad con
tempt and imprisoned until they will answer, unless
they excuse Themselves by stating that their answer
might tend to crimnate Themselves. All this may be
done before the the person who committed ths
oense has been discovered and done for the purpose
OF discovering who committed the offence.
will present the obls atoms and duties Of the
same named Jud gas except such Justices Of the
Pe,c. merely upon the subject Of the writ Of habes
corpus
The Constitution, 81 srt l, declares the privilege d
hs wrt OF habess corpus cannot be suspended unless
when Of rebellion or INVASION the public safety
may require iis suspension"
Revised Statutes, I'd Vol J6j. S32-whes the su-
preme Court any Justice thereof shall have evidence
IRON any Judicial proceedings had before them thai
any person within the County in which such Court or
oacer shall be- is Illegally confined and restrained in
a. liberty ii shall be the duty Of su,h Court officer
to Issue wit Of hsSess corpus eertorar for hi
lief although petition bs presented application
made for such wit.
q. al any Court or O1fcet authorized by the pro
visions Of the article 70 grant wits 81 HAbess CO<pus
or CeTtioT,r, shsi refuse 10 grant such writ vines
legally applied for. every member OF such Court who
shsu have a-serted 10 such refas,l and every s.ch
Ill -, ~ "A