The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-26
Discharge OF the Twelve Belgian Prisoners
from the Tombs.
srPRBNE COURT - CHAMBERS.
Before Hon. judge Roosevelt.


Saturday, when Joseph Poismanns aged thirty years
native OF Louvan, and Jean wsggemanns, sgei forty
years, native Of Client, (Begians,) brought be
fore his Honor the writ OF habcas corpus aud
the other on writ Of certorari in order TO demand
Their discharge from the city prison. where they have
been confined since the December OF lat year, III,
charge-as stated in the committal-of being foreign
copvicts The men appeared in good health, com
iortaby clad and Of respectable appearance the
majority OF adult male emgrants from tina working
classes OF Europe who land in thi. country present.
MIR. Oakley hall, District Attorney appeared on tho
pert OF the Mayor and people, and Mr Theoi, sedg
wick on behalf OF the prisoners.
After the Judge had taken his seat, Mr. Han read the
return TO the writ OF habeas corprs made by the warden
OF the city, which set forth that the pt In
custody by him siscs The 2lst bsr 1854 under
acommtment signed by A. Bogart Police Justice, in
which they were designated foreign convicts. He
the warden obeysd the writ of the Court by handing in
acopy of Said commitment aud producing the body
the man named in the writ of habeas His return TO
the writ OF cettiorari to tho erss ani the
other man (wsggemanns) was produced Mr. Hall read
The copy Of the committai rs follows -
The keeper OF the city prison AMI Bridewell Of tho
city OF New York will receive and safely keep for
animation, the bodies of Jaaues Glis j. Rant at Mae,
Joseph ". Eva J. Baptist Furry Cullen yrtongeu Jo,
seph Poisnsnns Felix Bsgls, John waggeman ms, John
de Hase, Charles Van Hack, Iambut Jonvenr, Pierre
A. BoGART, JR., Police Justice.
New York Dec. 81, 1854, Cur BEL, Oaicer
Mr. Hall then proccedei to state briefly how tn
came TO lie In custody, where they found by the
present Mayor OF the city and himself their
TO ohicefor the TACT that they received these Bel
ice On the goth OF November, Mr. Gale Consul Of IL.
United States At Antwerp, addressed letter the Col
ctor Of the port OF New York announcing the embark
alton Of these men, with others, In the ship Rocham
beau for the United States 1t stated that they hal
gone on board With only the sum OF 81 each in thar
AZ he H.u NJ had tat
their departure. Judging rom the fact that the
were able bodied, he Gale suspected that az the
Belgi,n laws required able bodied men OF certain age
to serve In the army 1t would not ship msny
men unts they were crnvicts On rscsip. OF this lot
ter watch set the vessel and the arrival Of
the Roehsmbeau police officer took the parties before
Justice Bogart, who committed them. In his opinion
the city authorities had acted with perfect pro
prety in the case. Every state had right,
the ground Of national law-spart from statute Law
to protect itself from Migrants convicts and other i'm
proper persons he rallied the ~ the State Of
New York against Mills In the year OF 1888 the Lesis
sture OF this state passed act to the mpor
taton Of foreign eonycts into the State II consisted
Of three sections The first section declared that the
captain o. vessel hhall not bring foreign pzupers
TO the port the second gives the Mayor OF
the city power to send such persons home II brought
here II couvicts brought they liable to
arrest and proceedings may be instituted under the
statute against the plain Who attempts u land them
He would r-ac the adavits Of Captain Stacpos Of the
Observation-Disclosures published in the HrRALDl la
Antwerp; that he had no hno ~lcdge or their being
either convicts paupera that he used oil eIcron at
III q
reward on his ship for the discovery OF convicts,
fRt eosh al NJ. End out anythios eooceTans tbsn
ssms effect and he would not read IT, per
hops II would he cumulative. When Mayor
Wood came into once, he laid the matter before
HIM. Mr.. Hall and he Of the opinion judging from
the letter Of the United States Consul at Antwerp
the statute and common Law Of the State and from
erci,ion in the great emigration against Ms that
The men were properly in custody and should r,main
there Mr.. Marcy had communicated the sub eot with
the United states Consul in Belgium sne one letter had
passed between them 70 that IT necessary TO hear
further from the other eide.
Mr Hal also read the letter OF Mr. Gale United SAteI
Consul at Antwerp published before
Mr. sedguick said-Ths men we're brought up with
1ay OF the commsa but OF the evidence required
sgs4nst them, Dir Hall has stated the whole 81
the authorities and be had no desire 10 examine any 81
the in defence lie (Mr 81 was satsasd that there
was not particle OF evidence against them, and h.
called The Court to decide the the principles
which governed vrts o. hsbea. corpus viz on The r.
the Belgian Consul states what he "suspecs' Ia the
principle OF the Belgian government with regard 10 emil
after be bad offered reward could not find anything
against the men.
The Court expressed wish TO have the prisoner Pois
MAINS examined, to which Nr sedgwich assented Tho
following questions we're put TO him IN French, and
replied 10 In tho same tongue.-
Y. We're you ever 10 slmshouse 10 Belgium A. !
VS. In government Ioor house In Belgium,
q. Did you enter there voluntarily a. ola.
q How for how long and Tor what cause dii you 70
in A vent In Of mynelf from want Of work, about
year ago last winter; remained there six months;
IN there three days before the Roehambeau sailed,
which rsqeest v-s granted; am thirty years Of age,
and have no family.
q. W,r. you conyicty A. | never was before a
court on any charge ahtteycr.
.. Are you nov in sool health A. lam 10 good
o How can able bodied men be SIX months out Of
WORK Ia Belgium A. ! do not kn0r. had 20 work.
Did tbey put you 70 any vorL IN the 'lfAahou'e'
A. Yes they gave Ine work a. tanner
q, Did they pay you any wages, A Yes they gave
n. sS cents day besides my board and loiging
The Court said Il quite clear that nm bodied
wiling 10 work, not panp@r, " he hal
no money. paupcr was person disabled, seAly, an.
offence 80 view It quite the reverse, having
plenty Of scope tor ~. labor OF all able bodied
Mr. sedgwfck repeated hi. Arguments, addioz that
had here large establishment the Comm, sionsrs
Of Emigration. with Mr. Verplsnk, an eminent lawyer,
nj "a head for the pufpo'e 81 regulating the landing o.
paupers NC The idea OF their heing convict. vanished
hearing the papers read by the District Attorney.
lie ta not appear here for parcel Of conyicf OF vAya
bonds, but deemed these paupers only BY the mis-.
fortunes 70 which European count re- are psrp..uay
Habb and he therefore sskel al once for Their bsfa
ton. The whole subjc had been consl Tered by the IL
gislature, and The idea Of excluding enrsats mere
y esssass ,hsy ssrs ,.spers va. PrrRo',,srsSa, an.
public charge from physical disability Or disease, are
The on.y ones 20 whom the act ~ l-s2 apples An
hHtncmert 10 the act Of 1889 expressly struck cut the
words who have been paup.rs Ia foreign e5untres'
and the Commissioners u Emigration only author
1ed 70 examine whether such psope are sey % bscone
eihrXeable.
Nj Hall, in reply, contenasd that this VA a matter
e. d. erection with the Court and that the C1ar could
rnand them for further examination. lie requested The
Court r. 90 o. IN or Ter 10 obtain further Information 81
tbeif character
Judge Roosevelt observed that the prisoner Cpois.
mAnnsl did rot appSar 10 have gpue u AlmfbouHe
tense % the word, but 80 place whsrs worl
given 70 him Al slight rate o. remuneraton He db
not 'stm q have been pauper Ia pcA .-b.e
1h.s depot, - IL tai been called wAt like I1u 81
lnens,ry With "a lie could not atsen - to 9oeirD.
that sw looks a man a. yGufef because h. has
not cent ia his pocket A. msttat Of pubic policy
- tho gbt u Advbisgeous " sncouevs III -uains
Ton o. such pope particularly they a.. -1lag =
vtk Tor titpcnee day. We had 10 tho ety tkoI
Anfs ~ young men who did rort sn3
Who never would work, AMI i0,t.i
gsHLsren. No-, thsy Travelled abrpAd.
they you'd thinh u hard 10 b. Arrestsi a. Isstttat
psTsobs He Of opinan that this nAa ,aouA
IL di.ehsrsod although h. though; as ,ty .aboru.,
had len night 10 watching AMI iuvsstsatng the mater
he other prsanrr Nv nyrsmaunFt %. A. nj Traulne4