The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-09-11

irgs issues asd W ~ jury or other ziss no Law may
rqie 10 determine therefore, to BE- taken,
The ue SO also said that L wa tho PRACTICE Of TIE general
term OF t,s u'urt when preliminary ooect ie mtdo,
nmin..s objection mil ths whole case y heard
he would suggeft TO the counsel on both sides ~ re
In coura Of jnstcc and mot 81 poll osl msenE-
though the elections are Glove II hand-thss It would be
better corre themselves the and not
70 indulge in personal epshess
Mr. WSitipl-rhsIe 10 GO danger Of that, sir, as per-
tho Counsel of tho Corporation 10 present Me-
Whiting then proceeded to rexd the adavi OF Mr. Fasg
~, FIELD saSnssa nussr Of ssdsvi in Yer to
those read by NJ Whiting inc cAae stands sdj'urned
The 81. Nichols Defalcation.
WRIT OF HABBAs OORPus 9RANrBD-MR. LAwLER
APPLIES FOR HIS DIeCHaR6B.
Counsel FOR James u LAwler VII, sands charged with
smbsszsg Of money from the prope,ors Of
the q N,bolas HOTEL yesterday applied 70 CITY Judge
Russell 70 issue writ habsas corpus 70 bring the
cused before him. together with writ Of oerorar TO pro-
sept he papers urcn which he awlcr) had been COM
naed me City Judge CON ,sd with the request, and
sppciotJ Two ocic The bour fo- heAripg he
Ito following IL the pray or OF the petitioner
PETITION OF JOHN y. LAwLxR
ySs pctti>u Of l.na L3sler ihI 10 T. - Sas n
poped restrained OF sz liberty n INC i,cn lsachei
he Second ds,ric poioe CHICO IN the city Of Now York;
that be was not CON mied or DETAINED b. virtue Of any
pTccess Judgment decyee execution specified Ia sec
D e = % M Sns y, pat 7! Of .ss Ssvss
or restraint according to the ses Of the knowdso and
behef Of the pcs Toner An alleged embezze .ent Of
moneys BY him coming into hs possession by virtue OF
bis employ meIt n clek for John r. Tread veil ana Chts,
Lamb pvopvieiovs OF 81 Nicholas Hosei IN tho city Of
presented james N. Fandresu Of the police Jsstlces
In The City Of New York. attached 10 tho ponoe on
c.s l. i .SS u.sv. are o. a a ns sd
once the once OF se Clerk ~ the Court Of ssoss OF
the pesns q tho O and county Of New York. thar tue
1919 hsa 49,
BY vire Of which the peisioser esany csaansd
In Thai be papers shove referred spec e charge
espb~szeeu or ay osher criminal offence * slnsg hi NJ
and because also, tho e1ameauon Of the complaints aud
,ns ,s w = NE Pea .oScs osssses aud sa,.s;
again him The petitioner therefore prays for writ OF
hsbeas corpus 70 be directed 70 Robert Collar whoever
nj. eo4y before HE Houos 10 do and receive rh., shall
then be considered corning him and also for the writ
him 70 sery fully and A large the day AND cause OF his
Improvement with all afhdavits AM papers and
documents before him touching or snesi0g his lmiscn
Anrered 70 the petition 10 warrant Of com ntment to
a,nse Dar,afsn ,sss ossn hss was nsd 70 bail
u the Court Of General sessions that be had
this day !b.rsdsyl been :ur,s.aesed BY his sursuss,
upon which the commitment vas issued.
81 bopsd ofncer Colfax's return and the return 70
he writ Of eeriorsn:
oYyIcIa ooyAx'e ssruRs
return 70 this WIZ Of babes corpus ta1 hold and
eetaiu ihe prisoner By virtue Of c,ui .se,o an.
rexed and placed my hands for service and inter
mediate lie fail execu,cn was served with this writ
return that Am patrol policeman, OF The degree thereto
The said eommin ent 10 addressed The annexed commit
msst 10 marbed A, and by my name.
The commitment here rcferrei 70 n she original com
milment BY Police Justice Davidson
hnvRs csarIoRAM
oss sas mo- 10, voc Sy ,na 'Se pspers M
o. Clerk Of the Court Of Sessions
Counsel for M. Lauler rayersed the return q. fol-
lows
John Ia, Ter ,ravcrses the retarn 10 the above writ Of
babca corpus alleges that the matters ststcd 10 tho
petition fox he saId writ Of hsbeas corpus ene 70 be
discharged from The commitment In The return mentioned,
and he rec 1r ms the same matters accord ngly.
AZ the appointed hour the proceed ngs commenced
At the judges Chambers Amer tho papers had b-eo
another oeut and leave the case for Inc people in
the hands OF Mr.. Harrington
Rogers and smother vtsess one or t~o questous. He
crus-cysnined Charles Rogers on TIE sffdavt whica
Do made before Jasoe davidson, -hen the vimsss said
he noud not OF bic persoosl kno sedGe swear
IAslai sEbt zzIea so from The drawer
Mr. Harrington replied u Al We books Of the es,s ,sh-
uceld adjourn she further hearing q ,ae sauar ug
Apoher DAY order thu, al c.rcumuanoss In the
case sht DO fuly rresenssd 70 show that ne prisoner
Judge R1sten observed that ne c~e vas brouss, be.
rve bm for The purpcse q REVERSING the decision aad
oommint nj OF The police gs-ae he said n III
rested alone on the evidence Of nr. rreadws oeuS OF
90 general character he would have bal hesitation n
erawpsuoa Of the t~o adsvih upon which NE
bad been nied woud show that instead o, the par
ues swearing disnoty and positively 10 fact Of The
tmn. zzs msnt ihey merely drew conclusons The ls-
relative 70 embezzlement v1 very clear and vol
.niei; namely. that the instant property rss into
the po.sesaion Of The owner, therc Ia an end 70 all
tmbezsement He would moi allow Mr. HarrlnE
70 60 INTO an el.m,naion Of Me books Of xsssvs.
nesass1 % on iha occasion. II they bad any other
imna ohafse 70 make against LAWYER, they could make
before : police Justice, 10 the regular say
NJ Harrington differed nom his Honor the lAw res-
apt 70 tmesxs'emen. and examining authorities 10
sustain Die Argument, when the Jsdee remarked that mis-
Mid was made up on The subject be hsd given THE INST
sr rau nvesSsston and hs opinion could nct b Al
Council Tor The prisoner said this Honor hsd expressed
ms yiew o. me facts Of The precisely. ne papers
npon which his client had been committed did no. astah.
mn the charre OF embezzemen the aldsyis being ocs
illusions me Witnesses, and he therefore entitled 70
Mr. Harrnston asked FOR an ss,curnmeu, of s c..s Nh
70 morrow FfdS) at one O'Clock which Jadgc Russell
-
.ns meantime LAWYER win bs In The euAsOdy Of odAssr
Cellar