The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-25
The Alleged French Railroad Frauds.
SUPREME ooURT-srECrAL TERN.
Before Hon Iudpe Mitchell


SUPREME coURr-srEcrAL TERN.
Before Hon. Judge Mitchell.
Jrn 2i.-TAe northern RaslIoay Company Of France
Charles Ccspnsler, Grcla, Paroc and Ohers-t sp-
pearng that the defendant Parrot longer custody OF
the Sheriff the decision Of the motion becomes
ssry, and Is suspended until he shall DO in custody
again.
The Plaintiff and the Sheriff were called upon to show
why the order Of heretofore made in this
aston should 20, be declared to be null by OF the
subsequent acts OF the plaintiff and why the defendant
Parrot should not be discharged out Of custody The
relied upon by the Defendants counsel 70 sustain their
application were:-
That or about goth day OF September 1885, Parrot
arrested by the Sheriff Of New York, and remained in
his custody until the ed day Of May, 1857 that he had
been ARRESTED by the Sheriff any other action;
that the 9th day of February 1857, proceedings
pasfed in the year ls4s entitled An act giving effect
to certain treaty spulaons between this and foreign gov
ernmens for the apprehension and delivery up of certain
offenders" and that pursuant to the proceedings said
issued for the OF Paro directed
to the United States Marshall and that the last named pro
ceedngs the relation and ct the instance Of the
Northern Railway Company and at the request Of James
Morr,ugh; Parrot than thirty times taken out OF
Jail carried before Mr.. Belts, the United States Com.
missioner the officer conducting the proceedings without
any writ warrant for such removal; and that the
Railway Company being DESTROYS for the purposes OF
these proceedings that Parrot should be taken from the
ody OF the Sheriff and delivered the cuftody Of the United
States Marshall did, the I'D day OF May 1867 James
Railway Company, request the Sheriff to discharge from
and out Of his custody this deponent and deliver this
ponent to the sole custody Of the United States Marshall
that deponent Is informed, the said request for the dis
charge Of this deponen Is In writing and Is in the custody
OF the Sheriff Of the city Of New York; and deponen says
that pursuant TO said request he by said Sheriff.
about the odd Of May discharged by said Sheriff Of
his custody and that day permitted by whoever
had him in custody to leave the city and county Of New
this action that no advantage should be taken Of such de-
ponenps leaving the said city, which stipulation was,
he believes, given without any knowledge the
part of said Attorney Of deponent that the plaintiffs At
torney had authorized the Sheriff to discharge deponent
and given without the consent knowledge of thin
teponent Paro and he denies that he bound by
such stipulation Of said attorney and says that from the
time he was first arrested by the Sheriff he kept in
custody In the jail Of Edridge street, in this city,
after the request Of the PLANTING Attorney to have depo
transferred to the custody of the Marshall was
kept In custody in the Marshas Office in College place. in
said city and deponen says that on the 18th day of May
1857 the proceedings under the law of the United States
terminated by the officer before whom such proceed
inRs hada making his report TO the Secretary of
States that there nothing to such proceed
rgs against Parc that therefore Parrot became entitled to
and ought to have been Immediately discharged from the
custody Of the Marshal but he aimed the custody
Of the Marshal until the I'd day Of June 1881 on which
and that thereupon and Parrot Is Informed by his
sci, without any authority whatever except mere
the deponent and conducted him the jail Of Edridge
street, where he remains In custody the said Sheriff
claiming to bold depoucn. by virtue of the order OF
which deponent originally arrested in September
last and not by virtue OF any other order or warrant
Edward David makes oath and says tina. he has read
the affidavit Of Auguste aro sworn in this the
Sd day Of june 1857 and that the same is true the best
prisoner with the said Auguste Pirot that the sail
gustc Parrot confined wi dcponent, the prisoner
and In the sole custody Of the Marshal OF the United
May 1857 the Let day june 1857 which last day
he ieponent quilted ,dy the said Marshal eav
ing the said Auguste Parrot in the custody Of the said
IN aaid Augus
Iot was confined with deponent in the custody OF the
said Marshall at College place Aforesaid deponen and the
said Parrot were imprisoned in the ja la Eirdge street,
and between the 18th Of February I'D the 2st of May
1867, taken oct OF said JAIL without any
within the city Of New York more than thirty times
JOINT AFFIDAVIT OF MnssRs. GALBRArH AND rowysHEyD
John and Benjamin Galbrath, OF said city,
counsellcrs at lay, severaly make oath, and sayFrst
this deponent, John 1ownehend, says that the above
named Auguse Parrot was, about the 18th day Of
September 1856. arrested by the Sheriff Of the city and
county Of New York order Of Judge OF court
and that after such the said Sheriff returned
saa orae ana eenee retained tne sad ASense p.,os
10Th day Of February 1857 deponent DESTROYS Of
Xsgustc Parrot before Judge Inc Supreme Court Of tho
city Of New York, and that OCCASION in connection with
underworld 10 ascertain Who had tue custody Of the said
Auguste Pno and with that object had several inter-
views with the Sheriff and Mr.. Brown o. the attorneys
OF the Sheriff. and with the then Marshal OF the sted
States for the Southern District OF New York that the
10 the inquiries Of depouent vague and contra
dctory that after many attempts he abandoned as fruit
less the ate mpt TO either from the Sheriff from the
Marshal any definite declaration 10 which OF them held
the said Auguse Parrot his ody aud deponen says
verify believes that the nor nation as 70 what officer was
responsible for the custody or said Parrot withheld
from him to emSrass the said Parrot In his attempt TO
peal 10 the courts by writ OF ha,eas corpus that nerme
date the 10Th Of February, 1857, aud the 2ls OF May
1867, deporen frequently the said Parrot OF the
and sometimes a, the City Hail. IN the company Of officers
and deponent frequently inquired Of the officers having
the prisoner In chsrge-Do you hold this man meanitg
Parot Deputy Marshal or Deputy SbernP' out deps
pent always failed in obtaining any definite answer aud
deponent says that the first time he able 70 get ny
denne information to who had the custody OF the said
June, when the said Aususte Parrot was imprisoned
M No. = College place that deponent at that
day and place had interview with Isaiah Rynders the
United States Marshal for the uthern district OF New
York, who then declared deponcnt tina, he
cse had the custody OF the said Auguse Parrot that he
held him under authority OF the United States laws aud
that hc Rynders would yield no obedience 10 any writ Of
hAbea corpus, or other process respecting the sad An
guse Parrot, sued out OF state court and that he,
dcponent wanted to test the legality OF the imprisonment
OF said Auguse Parrot must be by q writ Of babeas
corpus from the United States that stated
his determination TO isue such writ and Immediately
went to his Office 10 prepare the petition for writ Of ha
be corpus 70 sue out Of the courts Of the United States
that while doponent occupied In pre- pairing such pet
ton he received Information that the said Auguse Parrot
had been taken from the custody OF the said Marshal and
county OF New York that deponeut Immediately, In
contrary with Benjamin Galbrath TO the Office of the
shcrin, tncrc dcToucnt inquired OF
Sheriff, "How has Augusie Parrot get back your
todyr sherin-Mr. Morrough (meaning the plaintiffs
attorney came here and requested 10 send 10 the Mar
shals Office for him, and dld Depopent-Mr sheriff,
bad you warrant or order, any writing, which TO
arrcs, him (mcaniBg said Parot)S Sherif-No believe
not; only Mr.. Morrough's verbal request Dcpopeu-Nr
Sheriff, have been able TO ascertain how you per
mied these (meaning said Parrot aud o,hers) Ia DO
carrie about out Of your custody the will and sa,urc
OF Mr. Morrough. Sherin-Mr Morroush from tho first,
gave release, some paper for my indemnity. De
ponent-T can't understand hos you permitted them 70 be
imprisoned s No. College place Sheri6-rhst WAS 81
Mr.. Nerrough request Deponent-Was that reque-t In
writing ShefhYes he brought papers Tor that.
Dcponent-Have you any objection TO give me sight OF
the release and request you mention to have received
from Mr.. Morrough Sheriff. will chow you anything
have; but these papers are believe, with Mr. Gardner,
the deputy keeper OF the Jail Depontnt then proceeded
I, the al In Edridge street., but unable 10 Mr..
Gardner there and again the following morning. June 3
deponcn went the said jail and other places In search Of
said Gardner but without finding him, Depoueut, on in
curing Of the officer at the JAIL told the papers he
ierred 10 in book carried on the person Of said
Gardner Deponep, in his search for said Gardner,