Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1855-04-17
AAbeas Corpus for Rosetta The U.
9. Marshal Refuses to Produce the
B0dy-C0mmilted for CONTEMPT!

Tho late writ Of habeas corpus, served
upon the U. S. Marshal, for the pl oduc.
iion Of the body Of Rosetta before the
Court OF Common Pleas, the Marshal
returned for answer, yesterday afternoon,
that he held the girl under the author.
ity Of o certain warrant, (lhe same as
had been on two former occasions be.
fore the Court and, also under certain
orders, not set out, claimed TO have been
issued from the United States Commits.
sioner 10 him.
Judge Parker remarked that the re.
turn fulfilled one part OF the order, in
protesting 10 give the cause Of caption
and detention but it expressly refused,
although admitted in the return to be
within the power Of the party, to obey
the command Of writ in the production
Of the body. Undoubtedly cases might
anse in which return might be made,
that, il true, would show .hc impropri.
ely OF taking party out of the custody
Of the person OBTAINING him. But the
command Of the writ must be FIST obcyed +,
before any defense, or cause of caption,
Soubu UC ldiu uTIOIc tUc SOuTt.
Mr.. Ketchum (who with G. E. Pugh
and Col. Chambers appeared for the
Marshal said The Cou,t will understand
in the first place that no disrespect to
the Court was intended bu. simply
to test a question Of law fairly, and
without violating the rights of other per.
sons, or committing contemp, Of this
Court.
CouRT.-On another point, this very
return is a contempt Of Court-by ig.
noring all its ceedings-laying the
caption Of the girl on the 23i day OF
March, and claiming to hold all the
while under that very writ, when it was
notorious that since that Time she was in
Ahe. custody Of the Court. There was
but one duty now for the Court TO pur.
sue. to issue an attachment for the body
OF Hiram Robinson, re,urnablo forth
with.
Mr.. Chase, under the appointment o.
the Court, then proceeded TO draw ur
ahe charges.
An answer was prepared on behalf o
the Marshal, stating that he still declin
cd, for the reasons stated in the return
TO produce Rosetta intending no con
tempt but merely 10 perform his duty 81
an officer OF the United States.
Judge Parker said the Court wa
bound 10 enforce obedience TO its writ
The returned did not show on its face
nor was any thing alleged cstablishin,
an incapacity on the part of the delen
dant in attachment to obey the com
mand Of the writ. But the return admit
Rosetta-is in his custody, and he claim
he is restrained by certain orders from
producing her, these orders being part Q
the cause Of caption and detention, an
forming simply the grounds on whic
this girl should be discharged from tn
Marshl and re.committed to him. Th
Court had hoped this yexatious matte
could have been settled without any un
pleasant result. They were now bount
however, TO enforce the penalty of tn
law, and to sentance the Marshal to pa
a fine Of $50, and to stand commilte
until he obeyed the command OF the wri
Mr.. Chase here intimated that h
understood the girl was in the custod
Of the Sheriff.
Deputy Sheriff Carson.-That is
mistake.
Mr.. Chase understood the girl WI
in Jail, and he asked that the Sheriff |
required to produce her, either by all o
der Of the Court, or by writ Of habes
corpus
The Court said they would dispol
of that matter to morrow, and the Cou
then rose.
The Marshal sued out a writ OF h
beas corpus before Judge Mclean, whie
will probably all 10 have a hearing t
morrow. Cincinnati Commercial
Tuesday morning.