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

| judge orders his rsIesss. Hs Mr. Blunt e014
Is'S quail S criminal 1rs.sss i sd sivi prossss
The counsel the other Eide says thst the
suppos. Il vss then consspd that the rsussy il mot
this court but h In that seurt itself which viii hold
the attorney rs,pon.!bIs. e. a. ocseadsd @ y ssyiIf
had no authority TO inquire farther than 70 ssesrai.
whetssr upon the face Oft nnitmsnt ITSELF r e
T eor,i bad bad and that not ls.,s no discretion IN '
hr Cowies replied con'sndios tDst II 81 Gases war
process which has ssea issued Are ws CONCLUDED q
babeas corpus by the reals whish appear the seg
q the prOs - or m'y We deny that zach judsm9e
existed Isr gus ton Ia who her the s,rrt viii pernxt
tie asfendsnt 70 deny the ezteaOs Of the p II s
| ErJusgs Bronson would sst the gentlemen uhstAse
they would stand sp and SAY thsre was Judgment u
Er Yield and yr covlss so., as,a .hss -.s no u.ss
II the ocunis for the rv!ators - arg ~ ons
the tschnicality of the term 'egsl" Mr. Field wo1lA
move to strike out the word legal Ia III. stnftaavs
Judge casrke DID not think that hs sit ing ., snxs
judge hsd the power to allow the susudmsnt he Dc.
rr Field then entered an additions dsnaI statrx thss
tee de epdsnt lso alleges that when the sad soant
mest wss .snsd II Vas not ~ suy jud@rst
Jadgs Bronson objastsa to the arssacmsnt but The
EaJsAgs Rroesa5 rspsy, ssiA that tue counsel op-
porting tsn ~ After having got three indsmsnts, -
s, sH.s that e The hh:.s SS.Tt r. r. n: ,s y nut
that this ocmmtr1sas has been issued by a
ptest jurisdictos and that tho process only bsfers
party cannot be called upon TO prove ancsaNvs-the
there ID NO judgmsNt TO authorize the commitment y
up the question proper prosssdias, and 70 win 3
reasdy to meet It. In pfooeeoing VI this nature whsa
tom Of II e. ss s
conpstent to eepy the szissaee Of the judg,sut e.
question of kind ; nothing IL more portsst
Ia courts o justice than Hihere to ths formE Law
and to the nods0 Il p.sscrbes TO obtain rsirsrnot
pIIffn nliaQs yFaYax kTtov
have been satisfied that this Judgment Is lsgA
and although have been through all the courts Of the
that point It is said that this process rreguatly
and wrongly insusd that IN os the SUI srlor
or irrsrul.rsty Is stated Veil, IN either Of tssss
cases, Is anything positively settled than that
s. whoa the proossa issue And the vornsys hors
did wrong In issuin !hs warrant Issued eregulAry,
ng snss can S % ssss fnsy f0 a,s sos 70 .nd
The proceedings havs not been i-sguAr and shs
not wrongly issust Here is offence inti stable -
law and yet the COUNSEL cAh the civil one, and
sk yon behind t and sSsmas into the poossdngc
upon which the writ issuec. Iu 20 this,
babess ,rpus Nothing beyond tAs .risacticn Of th4
cout nsd rho suncsr OF the be inquired
ssgsrDess TO have th, man put in prs w. Nay BE- hs
means me- smong the rest; If he doss only say
nave ,s mo, no saCn o. issnDs as GO ssy tns' s ys
thi' a ned Nv the highest court IN tas tats
should Be- carried into exseut,on. II - If ths
juden In II remains to bs cpforceo win
cecs from the matter what oasrgss Of esgerns
Judge Crrhs here decided that nr dsr the Revised sa
tutss, vol b67 70, his duty plain, when 70
was held for : oontsnpi specially and piaisiy
charged In the commitment by hAvng authority
sneh eon,emr, his daty thsrsiors sAs 70 rsman1
tbs prisoner he hsd he was satisdsd NO right I, 9
Mr. Co .s th. further argued, the. this prooess dAA
not recs y 1T Judgment had been entered upon the
mtatuI and Of Tho Court OF Appsss; and Tor
that ,~arop tbs commitment was void
En- Judge Bronson inquired OF the counsel II be
knew OF who're execution showed such thiag
ca = up.n which he bad aoy doub. in his mind ps
voud look into the matter ana be prepared to give h
dsosoa - cham 'sr' In the morning, At 10 osioek.
Marine Affairs.
SMALLPOX BoAKD smp Tho bark Grand rark, CapA
9ehbop bound Matanses from Boston put into this
port yssterdAy morning OF al haads bsise
d IN with the smallpox excepting the master, mats asa
sso msn
DEPARTURE OF TIE CAxBRaA.-Ths Cuuard stsamshlD
Gso s, which arrived hsre the 22d Inst from HAvrs
sH Halifax cleared for Liverpool ysstsrday Hsr rather
sudden departure has given ss to the that shs
hs bssn called home to join ths Enssh asst operating
In the Black Sea
Nsw YORK. Jan. 30, 1854.
sR-In the account In yesterdays HERALD Of the dsAs
oss, which you vii please allow me TO oorsos Il =
stated there that 1t the time OF the disaster usithar the
ofScers Of the sci board, and thaA
Mr. Aurse seeing the danger, signAllsd the stssu ta
Hector, which came and towed to the shore These
ASSERTIONS entirely incorrect With the exespoa Of
myself, AL the ofeers and belonging to her
board ~ tho tipe aDd fer from Mr. uunse rssdarsT
the assist spoken Of he did not board until
The Pope Calalin alongside which the steamer
that towed TO Catherine ferry The Hector
ut the time, and hailed but did not TO
TIE colorr Immediately hoisted union do~n whioh
brought the Pope CAtin TO assistance. Rsspe fulY
yours, j. PARKER, Master Of bark Grapeshot
DISTRESSED sEAMN.-Thsre 1T pre,snt IN this city
seventeen sesmen, portion Of the n tho reosnt
abandoned ship Singapore Who, informed,
baustsd in body destitute Of cothing. and without
rsy and who at this moment sheltered round In old
NJ the north part OF the city sfivering 10 tho
wintry blast nguishipg for fsod and exposed 10 top
tations which the urA honesty Of the sailor
long Withstand The urgency Of ther condition WIN
be fully explained to persons wishing to aid thsm,
by Mr. John r Smith, Of the Exchange Ncws Room IL
there be class of human benss whose claims tas
hind confederation Of tho opaent Inhabitants Of proc
porous Commercial city like Boston, more wort1r~
than another, IL Ia IN Of the rnsortunAts and sht
wrecked tesmen It il TO BE- hoped, therefore, that q
contributions Of money for the~e needy mon, which is
appeal viii spire be made quickly, eEs :. may ~
too late, for hunger 10 an patient tyrant Ou
rir Jan. 90
City Intelligence.
THx WEATHR A6As.-The atmosp phsrs yestord<y w