The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-02-04
Dei'fc oot ShoSs cc'hes
TIE CASE or Bx-iLDErMAN sTURrsvANr-ANOrH

TIE CASE or Bx-iLDErMAN ACKNOWLEDGEMENTS
HABEAs CORPUS.
FEB a writ OF hsb corpus having esen bsued 10
tie o. Alc~rr stustsvsnt, the Sheriff made . 70
Turn lar 10 this as-tbAt he holds The def by
virtue Off writ Of the superior Court copy Of waoh hs
Apnefed.
Judge Clerks OF looking At he r.tu OF the 5asr O.
keo that q contempt specially and pisi ~
OF arssd in the oommtuent and the ni,mea "a,
tsueo by court OF ecmpsfsAt Jurisdiction could al
10. further proc.etpgs in tbs matter bat i'm
rsrs'vb .q7irsd BY the statute TO remand the prls
fortb~ IN
Mr. Cowles entered Toto 40 Argument cint@nding that
the cerorAI s ued after the occasion Of the nrs
corpus operated attsy OF ce~ding, la the nrst In
stance me -pdsnt Gas brought bsb-ss corpus
sud pse, pnder lie 10 tas bares Of Mr. vutee far
tber ordef surss msoe BY he Hnuor ia "a
Gle ks man ipE biz, TO sustooy Of the Sheriff bat
cut TO trip- tire EATER before the General Term TIE
issuing If writ Of csrorsri before he order .. remand
had saien Effect suspends, ipso dco that ooer C,ns
qutpty, kr Sturtevsnt being in custody tn ceputy
tber q fo.oeS1 lite and before tbs subsequent order
had mbsn effect, the csrtiorar pended all pro-
oeser n rss n6ins him to the ous,od, be Sheriff
left him vir usyn the hands o. Mr. vat~s and h- sns
rim had right 10 take him into custody under thu orr
aiDa process. Mr. submitd that unless tbs sterl
cssity Of the law rquiYsd It, his Honr shosld not rs
mad Mr. sturtsvsnt He remand ed for nttesn days
imprisonment, and further r. rsmsin 10 confinement
nn,,i : certain sun Of money Be paid. rae,-
Of the process, and It Ia susceptible Of - cless
demon,uaiion ~ that the snope
that tbs party cannot BE- held undr this pro,ess;
yet he Ia su6er the punishment against shicn be
appealed he Il Ted t. tho custody of sheriff
and turns out that that process ha III, gsliy
sued the party has redress IL ~ like nfictins h.
an the thirty nine lsshss Jet admitting raAt Il
titled 10 nev trial Mr.. Cc-,-s then procsea.d
view the 'sets frequently publsse and r.s.rrej 70
TIE csAs 81 Patch w. the hayr OF Brook yn Us wesa
o64 Gaze W Sheppard Jbpsons Gases All Ia WI IL
states that he c.riora pends the OF the Jud
f3d kane' Rep So c-rtiorkri takes mp the original
rcern int tfs court above from u the sssr
the .ry authority ~hc, bs hAd 70. rsmsneips 10
custody. See the position In which sheriff stsods
II We are right the Sbeid r. Ao- " ion fsl.s
iDxscpDent matter vhst view the court % th
Gaze he l. liable, provided he has mot The authority
Of Law fer doing 80
Judse CIerke may b. his misfortune, snd &. is sr
has the raht TO sppes and 70. bis Is going
ON ~ the tsn,e The return ~ Sheriff states
that be IL held under s.ued out OF this su pe
fkr tntrt FOR con;smpt eanno, 90 b-hind tn. fsr
eth ~oiiop. witch staSs that a. sbsli duty &c
q the court forih~ ith remand he ths
prevent sourt fro iosferng With the process Of
aro'ber b,ued for oonten pt.
NJ b. Hilton Mt ,endAnos In oppoeitio, 10 thu
mott bat from the views Of the Judge IL was n-css
ss-. Tor him % reply
~. Covlee, behalf Of the prisoner tend.e TO thu
he held uncer the original bat Alleging
On information and belief that he held uud.r
Greer Of Jsdge Cerse remanding MIN prison
sueh orttr not served until after the oerorsr had
Term.
The Judss-I dssy tn. right Of that reply, and sssd.
Sheriff
Mr.. Co~es asksd that the reply be plaosd On Ale an
part Of Il procedipgs The Judge assented and
orcer vas made ous for the rsoemmtsn mt Of Aldsrnaa
S'urteysrt