The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-05
The French Prisoners Csse.
sUrAME CONFESSIONAL TERa.
Before Hon. Judge Mirhcn.


JUST t.7hc Norhrp Rdii,udy Company IF Eidncc rs
CbrYcniier. PGTV, Grea and o11v&--Mr Townshend APP
piled 10 the Court for calling tho plaintiff and
the shorh TO show why the order Of arrest hereto
fore ado in this action should not be declared DO null
By reason OF tho subsequent act Of the plaintiff and why
the defendant Parrot should not be discharged oct OF
tody. The folovirg "a Tho AFFIDAVIT. upon which Mr..
Ioxnsheud made his spplcalor -
oy and Covag q Neg ferk, s,-Angusto Parrot one Of
the cecrdans above named makce oath and gays;-Thai
on or about the 21h day Of September, 1885, no
rested In The above entitled acton by tho sheriff OF tho
city ard county Of Ncx York. and remained there In the
cosoy ct tho sod sheriff until the I'd day Of May 1857;
that he has never been arrested by said sheriff In my
other acton thai about the 9Th day Of February,
1857 rroctecpsf were taken against this deponen under
law OF The United States, passed In tho year 1885, anti
tied can act FOR giving effect TO ocrAin treaty spuatoas
sion and delivery up OF certain odcuders and that pur
tuaIt To tho proceeding on said warrant sued
for tho arrest OF dcronent directed to the Marshal Of tho
United States, and that the sad last named proceedings
tho relation and al the INSTANCE Of the plaintiff
sbovensmcd. and at tie request Of The plaintiffs attorney
depouenr more Than thirty times taken out OF Jail and
osired before tho oacor conducting tho said proceedng
without any VIII for such removal; and that
the tad pa nig being derous for tho purposes Of said
proceeding that this deponent should be taken from
custody OF the said sheriff and delivered 10 tho custody Of
the said United stcs Marshal did I'D day Of Nay
acton To- le al palplid reou.s De aid sc,r 20 49,
charge from and out Of tho custody the said sheriff
deponent, and Solver this dcponent ., tho custody
the United Satee Marshall that dcponont Il informed
By John Towushend, his counsel IN this action, sad
request Tor tho discharge OF this deponent "a In wiring
and Is In the cus,oty OF the sheriff " the city New
York. and dcpcncut rays that pursuant 70 aid request he
by sad sheriff about tho -d I'd day OF May,
discharged by aid sheriff oct or his crsody and
thai day per si;od, by wbocysr bad him Ia custody 10
leave tho CITY ard county OF New York, under q stpus-
uon, however from his aynsy In This action, thai sd.
vantage should be nEsD CT such deponents leaving The
fsf city, which stipulation was, a. depooeut ls In
formed by bis saia attorney, and he be-
leves, was given without any knowledge
the part OF The sad attorney OF deposent that the pant
attorney bad authorized bs said shor 10 discharrs
poBent, and wac given without The oy knowledge
OF this deponenf and depopcn cuycu THAI he
and deponent ssyn thai nom tho time hs was r arrested
BY said Sheriff bc hcrt m custody In the all OF IA.
drgc street. ia SAID city but thai a,er the sald request
OF the said pnt stiorney n have depoucns transferred
70 the tody OF tnc harsha he vas kept In custody
tho uar.haa o'ice in Colby, place. In ssd city, and
poucni says day of May 1887 the ad pro-
reednss under The u u The Cnfei aies tsrmina-
ted by the Oacers halure whom such prccdsnRR wcrc
bsd making hs rcpc.t ,e Secretary of ae that there
nothing 10 warrant such proceedings against dcpo
ought 10 have been nanedalsy DISCHARGED from the Gus
iody OF said Marshal bus instead thereof bs detsned
In he custody cf sd Narshai rp. the 20 day Of Ine.
Iss, which dag hs discharged cus o. the eustcdy
o. the aid Marshal sni that ,heyecn and depcucnA
b. informed ~ bic ccusci, without ary authority what
Morroush, the sald SAsrH resrrsed hs dcponcn, and
conducted him 70 TIA asd jail o. ldrdse street. where he
remains custody, the yaid 1ie7a claiming ~ hold
dspopent BY virtue the order o. arrest which depo
nent Originally arrested In Seph nbor last and not BY
virtue Of any cshef order o. warrNSi whatsoever.
swcrn hccove me, thus ID dsY Of June, 1851. T. su1ls
vEshST, Commissioner OF iles.lS
The Judge grated tho acf, returnabls on 6a,nrAaJ
morning, 81 10 O'Clock.