The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-03-23

Court o. Common Pleas.
Before Judge Woodruff.

Court Of Common Pleas.
Before Judge Woodruff.
COUNCILMAN xzRRIaAE BROUaHT UP ON HABlAs
CORPUS.
Councilman Ksrrigan, charged with being an &C.
cessory after ths fact In the murder Of william
Poole, was brought up yesterday morning. on writ Of
hAbsas corpus, befors Judge Woodruff. Mr. Nash ap.
peared as counsel for the prisoner and moved for
discharge The District Attorney appeared for the peo-
pie and produced the return to the writ by Mr. Gray
keeper OF the city prison. in which 1t stated that
Councilman Kerrigan had been detained in continents MT
since the 10th Of March, instant BY virtue Of commit.
ment of the City Judge. &c.
Mr. Nash demurred to the return substantially, the
following grounds IL That there were not sufficient
facts stated In the return and documents
to authorize the detention Of the defendant q That
did not appear by said turn that there any
ton, on OATH charging the defendant with having COM
mitted crime against the laws of this State 8 II aid
not appear that the Judge or people havesed due din
gence to have the defendant examined and tried. A.
That no intent to aid Lewis Baker any offence peril
nent to his escape under the Revised Statutes,
charged against the prisoner g. That notice OF any
felony having been committed by the said Lewis Baker,
charged against Baker at the time OF his escape
z That the bail Was exorbtant. The counsel argued
thu points at considerable length He commended that
there was no authority on the record by which the
prisoner could be detained; that he had not been
examised; that he had not been charged under oath
that complaint had been against Baker and no
death Of Poole had taken place when Kerrgan was com
m tied. Judge Stuart, he said, had no authority to
make the arrest when the Corouers jury had not found
that Kerrgan was implicated accessory after the
fact. The counsel quoted q number of authorities /,
show that the prisoner had committed crime but
his Honor held that it not necessary to 60 into
merits of the writ OF habeas corpus SO also
relation to the BAIL his Honor said be had no right to
interfere in that question
The District Attorney regarded the whole Of the
seIs demurrer with the exception Of the first three
points, as irrelevant. Under ha5eas corpus the Judge
could only look at the papers before him The que son
simply was whether James E. Kerrigan legally de-
tanned or not. The law distinctly authorized the City
Judge to make such a commitment the in ques-
ton; and in that commitment there specific charge
made against Councilman Kerrgau Of being accessory az
ter the fact II the counsel desired to bring up the merits
OF the case the proper for him to pursue would
be by certiOrAr The District Attorney asked in
cuson, that the prisoner be remanded and that sug
geson be given to Judge Stuart to examine him forth
with,
Judge Woodruff had doubt of the power of the ma
gstrate to commit the prisoner and to detan him from
day to cay, when causes rendered it expelien But
there must be limit to this delay and he the judge
felt disposed to adjourn the matter He could not make
an order on Judge Stuarhavng authority to DO
but when the Judge learned Of this proceeding he would
probably feel it his duty to go Such the usual
course on habeas corpus in proceedings like the present.
His Honor then adjourned the to Saturday morning
next.