Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1856-05-02
The United States Marshall in Jail
for Contempt.

<Ao tAAtlu ot4tco moAo4k44 III s0kA
for Contempt.
II. II. Robinson, ESQ, United States
Marshal. appeared before Judge Bur-
goyne, yesterday. to show cause why
he should not be attached for con-
tempt; and in answer TO the specifca-
tions fled by the Prosecuting Attor-
ney, setting out the contempt in diso-
beying the process Of Court. the Mar
shall put in tae following:
HAMILTON County. PRoBATECouRT.
State OF Ohio ex. rel OF Joseph Cox,
Prosecuting Attorney, against II.
II. Robinson, United States Mar
shall for the Southern District OF
Ohio.
III. II. Robinson. for answer 10 the
rule to show cause why. he should
not be attached as for contempt OF
this Court. and 10 the specifications or
charges Of contempt exhibited against
him, says that he was as the time Of
doing and emitting 10 10 the various
acts complained OF in said specifca-
tions. and still is. Marshall Of the
Southern District Of Ohio. and that
said acts were all OF them done and
committed in the discharge Of the du-
ties ofhi said Office. and in pursuance
of the laws Of the United States un-
der which he claims protection. And
be denies the jurisdiction Of the Court
to call him b account for thus peFlor-
ming the duties OF his Office
Judge Bargoyne--We are not
aware Of any law that requires the
Marshal to treat the process Of the
Court with contempt; and conceiyIng
the response to be all insufficient. and
not sustained BY the facts. We shall Or
der the issuing of the attachment.
The Prosecuting Attorney intimated
that under the Probate Act.here wo'd
be no necessity of issuing the attach
mcnt.
Judge Burgoyne--We shall then
direct that Mr.. Robinson be fined in
the sum Of $500, and TO stand COM
mitted until he obeys the order of the
Court.
Immediately after Mr.. Robinson
was conducted to Jail by Deputy sher-
iff Buckingham. a writ Of Habeas
Corpus was obtained from Judge
Leayitt OF The United States Court,
commanding the Sheriff TO bring before
him the body Of IL. II. Robinson.
A little before o'clock in the after
noon, Mr.. Robinson was brought in, in
charged of Deputy Sheriff Buckingham,
who then made a return to the writ,
and appended the mittimus.
Mr.. Jolliffe then moved the Court ts
quash the writ Of Habeas Corpus, OF
the ground that il was improperly OBJ
tanned, and proceeded to show that the
United States Courts had no power tt
interfere in such cases with the State
Courts.
The grounds taken by Mr.. JolliHs
was almost precisely the same taker
by the Judges Of the United States
Courts in Pennsylvania. when asked
TO interfere for the release of Pass
more Williamson.
He cited the opinion OF Judge Me
Lean. in Mclean 80 in the case o
Norris against Newton.
He would say in justice to Mr.. Rob
inson, that he believed. in this whole
proceeding. be had acted under Oh,
belief that he was right. and that h'
was obeying the laws Of The United
States; but he must say. at the sam,
time, that be had committed grea
outrage upon the State Of Ohio. ant
trampled under foot her Constitution
and her laws.
Mr.. Heddington replied to Mr.. Jol
life, in a clear and able argument. an'
Joseph Cox. ESQ, the Prosecuting AT
torney, closed.
Mr.. Cox's speech was listened I
with interest, and was very fne 70
rensic effort.
Judge Leayitt then stated that
would be impossible to conclude tn
case that day, and asked II no arrang
ment could be made by which Nj
Robinson could be saved the bocessit
Of lodging Ia jail.
Mr.. Robinson said he presumed I'll
parties would not consent 10 any al
rangcment.
The Court then adjourned to
o'clock this morning. and Mr.. Robin
son was taken back to jail in charge {
Deputy Sheriff Buckingham.