The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-31

l oV.-fU O30tuN w.
Shvant This DEFENDANT appeared in court writ Of
h.bsas corpus in the custody O the deputy .hsria
the T r.r Of sSs saa that be Prop assd p put
return the writ Of hsbeas corpus issued this
Mr. D. D. Field asked. - matter Of persona cosvs
nsnce that tbs proceedings would BE- soourned to the
afternoon, as he courst in case 10 ha Supsrior
Court vhch had several times been postponed and which
Jucgs Holm An hsd perem ptoriir called on
Judge Clerhs-l am very unwiipg to sdoura the mat.
ter Of Alderman Sursvaut - have beea nfo med that
which vas not bef re aware os and vhsoh am by no
willing ~ do Jrdgs Hcfn would, perhaps, I'd
journ his II you inform him sf tns iE portaucs OF
Ex Chief Justice Brsnsop, With whom Mr.. Hilton
associated fcr the Ilaint1s saa be did not think
this would occupy more taAn = 70 = minutes.
| Mr. Field said ss far he concerned hs would 90
| cppy m ere th n few minutes hamseif
twelve ociocS Al tha. hour the court sdournso
To hc FIRST District urs 70 I'M, In the nsw buildlsg
the wsrc oy Mr bsnt read
ss:s ~ e s.S ~, r.
Hs1 K: % q. 4. 's@:s * az s.1:s
J.sa.y isssst undo. .sa x viss,s s.ssis
y y: q s,a a M s
sd n,Ilsd .ns As ..sln. vhs..of iso! ssduss; y.
s;s sss close :s:,ssy sss ~
CON mns, for bout ls sp, 90 swc hours wc he sad
WY corpus delivered e as Ara ,asrsupon
s;s.ss hs boy said Oscar " 20
IN @ said writ corpus. sn any sss
made s ss writ q hsh,.. further
sn i'S ii. % day iG'S o'sioi and the said
,a
INV s hs msl s as
and a' in my 'u'd' 1SdI ohs n sss aea
sswY YonK, January 80 1854;
f@es ~ siss' cs,D
made sn.ss ON ss
March 1853 special term Of said court held Jty
sn1 .nd e snrss.ns ssa
R M hsms ss. ri1ss IN .n ss csss
a. rss m :: sS Int nyss o nayos and
guilty &.s 9 ss sss S.: aT II s
:SrIy d esfs: e. G .d and sS shs Is
sSsr sossa ss.. snS 0ss,a,a
large amount oosss and expenses 70 wit the sum o one
Y
~ = ~ ' .fs ssss @ n
.hss.Sy upon " .ss S:sa;
% s.s .s as ssrs u s.s %
= .an 4 o.. rs; .s @ and
,sssy ssss ne s.e sas b paid sIs "a
4. 4 :ass
:ss ,sss%sss :d:ss.zas sS.is.: :.is
Tern sgpe.d ths 6sS.t arm .f :.iS ooa.; .1a u:
sy sssss in 'ss % 'ss
a rssr,S OF hs said Oscar G nss
% . 70 s'1s i asss ss i % =:
:$,Sss ss;. Ds;:sss s:%s.ns yss
ss- n; ss Dss
tsis the body aid Oscar ssur,sv.ns .as tin
ss sis' slus II sss' II sAi ia.
e p.s . M srhs shs .a u one ha ro
~. ,rs i've y s :. part ., the .,a nas b
;iss shsr ..d cost. .n sspsssss Il; premise:
& sS. N sss q | i s.@ s ess s q
s, ous, y :, e S.s o. and 4 ns S 70
Bail in rsia CITY. on The hr't ,cdsy febrsry mex.
With band your 'ns - me
tie said % n G & as q sa. L
sss.. rn.s s,; s'sss
..s hs Ss.ips been Bro n M
M q
s ,s: 4 ~ s ps
T. si i ss II .ss ss s. az sa :s s.s g
= s nd S' Il Il. .ss.y e . % s. II;
.'n u; s :. h s
4 n 4
s':sss ss @ s on e. '.ia
~. YG5 .,; Jan ~ % read ,s ,oo.pS n0s :, SEkkk
hi. motion, and vi,aous ssnsa. disossysd
city New or thai be has nmttod any
:.s
petition he 4 en-
"y legal Judgment or order Of SAID Superior c0,sa
dSal Judgment there was no authority to prosecute this
writ OF habe. oopus After the order Of Jadgs Ousr Of
Superior Court and the dnAl order OF the court Of
last resort in this State he did not suppose that
se in which yri. should have iasued The reply OF
,u,hon,ss sy an, legal crc.r Of tie sspshor Court
He (Judge had no doubt about that the defen ANTS
eouns. had always held that was Dot legal Bat the
Superior Court is respe table court and the GeaerA
Term and the court Of last resort have decided tha 1t Ia
legal court, and We believe In this community that
get - the end of the Law II Is considered legal
rs submitted that this for coEsmpt and guilty
guilty Is not the question to bs Inquired Dtot Is
officer out Of court to qars into the judsio
ton Of court o, acknowledged coEpetent Jurisdiction,
| and the party beisg nvioted Of contempt, this
| court should forthwith remand him.
Mr.. D. Field sAid that tbs District Attorney and
Judge Brons msapprehended the nature Of this nsb IS
copus-the object is 70 rewre the Judgment They the
counsel FOR The oeend.n thst there IL NO snch writ
In existence; there is paper purporng to be writ
issued without auth ority and had hey not
views then held our liberties very fr 4. tsnurs
Mr. Field ther referred to the forty hs section OF the
30 anxious about his natter Stewart for instance,
had the dendAEt ccSntd in ore OF the rooms IN mis-
marble P.ses o Md this ssur, no: i,qar. INTO "a, y
The gentlemen Me other side bos hot and cold:
the last day the, said IT was civil case and that there
| sss no necessity TO give notice to the District
there Is no Judgment, and there never has bssn,
asd the attorney the other side Ia liable for action
OF fsl,e rnprisonnent He (Mr. F would prov, that
tie commitment iisusd in defiance of m order OF
Jucee Boswottb Justices Of the Superior Court
They whole question Ia, they they not bound
prove the Judgment Are you, Judge of .ne Supreme
Curt to send bs'h prso er when .e ss tnsrs ia no
judgment you 10 In the inquiry whether there
eah-f do not ak you % go into the validity OF the
judgment but simply to inquire ~hether there that
whch the Law pronouI to judgment erronsous or
jest, Referred TO section ~ This Court bound TO
inquire OF the existence although not OF the egay OF
the commitment. Suppose for instance were TO pro
ducs pardon from the Preai ent could not 90 into
i tha1 From the argument OF Tho geruemsn on the
ether sics could rot. Bat contend that We could
4s not deny hat there paper yurpotirg to oe "a
order Of the court but that wAa issued Ia vsos
ton Of the order os the tssK aud the quoscn IA
whether they should be bourd 10 Prove the e1stsrse Of
the Judgment or order
Mr. Bunt ired 10 stab his vevs on the matter Tas
statute REQUIRE tha. in Of This description uotcs
should be g.n TO the trict Assornr 10 the case OF
II 49, II Ii a. IA mi 4 onr.