New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-20
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yoeh Of said city being duy sworn, deposes az s4ys
TT at on the l7th day Of June ne aItehue 4. in put
suance of an adiournmen. 20 that DAY efnre George
~ RE- esq n United States Con- THINNER for the
nurposc OF bearing his report 10 a. matter OF the ap
nlce,ion FOR The exradihon of Charles Carpenter,
Aaguste Parot aud ohers. f. at about II o'clock,
AZ neon 81 little earle the Commissioner concluded
the reading OF his report That this deponent Gme-
da;ey lct the court roo n and accompanied John Nc
Keen, esq, into the Office Of the said Commissioner
where he remained ,or ABBOTT two or thee minutes
That he then limp ediately dsrted for his office, pro-
ceeding up Murray street toward Broadway in com-
pany with Theodore Ky nacrs, One Of the Deputy
harch@s- mat alter oceedng together snort Is
tauce from College pa D. Ryrders remarked TO ms
deponeIi, There - trouble ahead, or VOL
10 thai effect 9TH 90 for --' and immediately
crossed the street a. ran up toward the Cy nai
tins dtp0nent qn' cscened hs pace anu 33
reached the crow ahead, when he saw Le2 1
Harmed, one Oft Deputy Jaors VINO haa hau r I
IN his custody struggling to get "w WY ea c' held
fierce grip of ~ said Harmed by the collar tnat sa
TowDsherd 81 caed much exctea at the time, anu
continued 10 Ioosferete, " snow your warrant, snV"
your warrant - that on this deponert reaching the
party the sa CSalbraith and TOwnshend let 60 their
hold, and Ie said Harmed immediately ran up Murray
street app srsBty in pursuit OF the fugitive Iarot'
That inn neately after the rescue OF the SAID Parot
this dep orient saw said Townshend and Galbrath
walk up Marray street TO Broadway in company win
Edward David. That this deponent did not see said
Parrot he having already escaped ms geRonG ;,h
and owsshend held the said Harmed the said fdroI
mad , his escape and although dilgent search was
imT sdSatey made to find him. ana mas since Sos
per eye1ea in no clue or trace of the said Paro nus
be- IN discovered and this depOnen fears tnat ne mas
es capped beyond the jurisdiction Of tbs MoIRoGH
Sworn before Ne ,his 18th day of Jane, 1851
n u STEWART, Commissioner Of Deeds
Mr. Marsh took the following ground against the ad-
EMISSION Of NJ. Townshends affidavit:
custody cr Id not be further heard and that OF course
90 additional afidavits could be read upon it, mas
much as Parrot already out OF custody having
been rescued by his lawyers. That he had there
fore no status in the court and could not be heard on
the motion at all.
Q That he ought not to be permitted to appear by
his counsel, Messrs. GalbTaith and Townshend, be-
cause they were in contempt for having rescued the
prisoner from the hands of the jaior They had mo-
lion 10 discharge Parrot from custody now pending,
which admitted the pOprety of his arrest and that he
could not be legally discharged unless by order OF the
court yet they suddenly pinoD the officer having him
in custody day when the police force OF the city
was in confusion, and secure his escape. This was
high-handed proceeding. Whether these gentlemen
would be permitted to appear in any court after such an
outrage this against the process of the Supreme
Court will be determined in another form of proceed
ing But certainly they ought not to be permitted to
appear here till they are purged of the contempt.
Besides this additional affidavit ought not to be
read since one such permission had already been given
since the reading of the afdavits against the motion
They ought not to be permltted to f"Ser their case
forever.
a The fact set I'D in the affidavit sought to be read
is entirely mmaterial-to wit, that Louis Grelet had
departed from the United States. This action is in
behalf of Parrot; and whether the Sheriff let Grelet
GO rghtfully wrongfuly, or at all, has nothing to
do with it,
What is stated at the end of the affidavit is not
fact but only conclusion, which the Court will not
permit the defendants counsel to swear 10 at tins stage
of the proceedings.
Judge Mitchell decided that he would receive the
affidavit Mr.. Marsh then said that if the affidavit
was material TO be read it was material to be replied
TO- and asked for time to reply, which the Judge
granted and adjourned the further hearing 10 June %
at 10 o'clock, a. m.