The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-08
NEW YORK HERALD, MONDAY, JUNE g. 1867.
The Case OF the French Prisoners.
gCPRIMB C0Unr-eP1CIAL T1RN.
Before Hon, Judge Mitchell.

The Case OF the French Prisoners.
sUPRsNB coUnr-sPEcIAL TERN.
Before Hon. Judge Mitchell.
Jry1e-In TIE mater Of the Northeyn Ralpay a. France
and Augusse PavG-This order 70 show Why
Parrot one Of the French prisoners charged with fraud
The Northern Railway Of France should not be discharged
nom the custody of the Sheriff Of New York.
In answer 70 the order Mr. Norrogh read the following
andavts;-
Csly and eOuaiy # Neso York a.-James Morrogh be.
ing duly ssorn dercses and that he is the plaintiffs
attorney above entitled action; that In the month
Of september hast past the defendant Parot was together
With others Of above named defendants, arrested and
E Of ba in e sum Of I've hundred thou
sand snd yet remains in the custody of said Sheriff.
having never been legally discharged that in the
me pth of February last proceedings were Instituted by
the Pesidea Of the United States for the extraction to
France Of Paro. and Others which proceedings have
George T. Bets Esq., United States Commissioner, to
whom the Investigation Of the had been referred by
| the commencement Of said proceedings, warrantw
Issued the United States Marshal for the arrest q said
the said Commissioner and conamted 70 the care Of the
United States Marshal who then and there had Concurrent
jurisdiction over him together with Tho said Sheriff that
Eldridge street, in the city of New York, aud W re
therein in charge Of the said Sheriff, and Of tto
or said Te Defendants as tbs sponen va u
formed and believes. the friends Of .aia Eugene Grelet
were desircus he should be inferred in Calvary Ce
netery which Is situated in Kings county, wihs ut the
ursdic.sop 0! the Sheriff Of the city county of New
York tina, day Of the funeral application made
his deponent by Nj. Gardner the deputy aor, who
had TIE custody osad prisoners TO to raro
the ether prisoners attending the funeral Of SAID Eugene
Greet; that said Gardner told this deponent that the
oa the plaintiffs attorney; that said Gardner, a. the
time, exhibited paper to his deponent signed by
BENJAMIN r. ibrah, attorney Of said Parrot, STIMULATING
in effect this dcponent would consent to the other
prisoners att ndne the sad funeral no advantage should
be taken Of the fact Of their going hey ond the jurisdiction
shat 40 ,pfa
cedrg this most natural request, the especially
Of said prisoners the brother of deceased and
Of said Parrot yet fearing that the departure of said Parrot
from tie jurisdiction of the Sheriff might be construed
into VOLUNTARY escape, hesatsd whether his duty to
his clients would admit of his scceang to the Ieques, OF
the prisoners but nally as an ac. Of hum any to the
proners and relying the supclson OF the attorney OF
parot this depoueni consented release the Sheriff
from any responsibility, and accordingly gave to the said
Sheriff a oonsent. Of which the folio wing is a copy:
hereby consen that the Sheriff OF the sty county
of New York transfer the bodies Of the above named
Louis Gree ard Auguste Parrot to the sole custody Of the
United Marshal for the Southern district Of New
York, pnll further notice from me.
May "a, 1861. JAMES MORROGH, Pitts Atty.
This deponcnt further saith, that when the stipulation
of said Parrots attorney exhibited to this depo
pent, he this de2onenO verify believed that II was
given with the knowledge and sanction ami by the
desire request of said Pa rot and further saith
that had he (,hs depononD had the slightest TO
believe that given contrary to his desire he this
That when the said Parrot went out of tn Gris
doion Of the said Sheriff he accompanied by Of
tody, that the funeral this deponent is in
fofmed and believes, he (sad ParoO returned asain
luptay TO the City Prison and surrendered himself again
TO the custody Of the Sheriff. and became and and
sill Is subjcc to him and under his control, well
desoneni Faith that, except as Aforesaid, he never
requested the Sheriff TO discharge the sad Paro. from ard
out Of his custody AMI ms deponent deSes that said
out Of his custody and denies that be was permitted to
Leave the city and county Of f., Mew YORK ezcsa IS afors
the sheriff to allow the said Parrot to go GU, or bis arsdic
ton until after the stipulation Of the attorney of Ps'ot
h exhibited 10 this deponenf and that said consent
given in the implied belief that ssd Parrots at.
tOrny had given the said stipulation in good faith without
which stipulation this deponent would not have given his
This depotent further denies that the proceed
ings tor tho exadon Of said Paro. were terminated on
the 2sh day or May 1857 by the said Co nmisorer max
rg his report Secretary Stae denies that the
Commissioner made any report the eject tina, there
nothing warrant proceedings for exradon against said
Parrot but this defendant alleges that said proceedings
still pendng that there was hearing therein before the
said Commissioner Friday the 9th lay OF June instant,
and after examining witness the examination
osaid witness adjourned TO Saturday the eth OF juno,
1857 and this deponent therefore denies that said Parrot
shal, and snes that he now discharged the
aimee The said MARSHAL first took him in CHI uge
and denies that he has been discharged
OF the custody of the Sheriff Of the city and county OF New
York, except during the portion OF Inc day that he was
says that motion heretofore maie before the Hon.
Judge Davies of this court for an order to discharge sad
Parrot from and order was the l9lh day OF
JAMES MoRRoGH.
Sworn before nc this 9Th day of June 1867, Wn H. Du.
sIyrIkRY Co nmissioner Of Deeds.
The shdav, of Theodore Ryndcrs, one OF the United
States Deputy Narsha, corroborates Mr. Morroghs
tie of Parrot al the OF Eugene rele and
| bis voluntary surrender
Mr. stougtton stated that proceedings pending
before the Commissioner against Parrot for burglary the
Commissioner not having been able to pronounce his
| suh on the charge Of theft.
Messrs Marsh Brown put IN adayi,s 10 show that
Faro, was admitted TO 90 to the funeral by the consent OF
process also Iaper OF Mr. Morrogh date the "a Of
June demanding Parot to the custody OF the United States
Mr. Townshend associated with Mr. Gabraih said that
this exhibited OF the unworthy tricks which have been
Iesorted TO by the prosecutor Immediately at bis honor
Judge Mitchell had granted the order In this motion. Az
new matter had been introduced no moved for tmc 10
prepare additional adavs. He aud his associate acted
gaiutouiy In The matter, but they were determined 10
! stand by this unfortunate man In his necessity.
hr. stoughon associated with Nr Morrogh, denied that
thtre was any trick on the part Of the prosecution
Adjourned to Friday.
UNITED STATES coxMIssroSER's COURT.
Before Geo. =. Bets, Esq.
JryE o.-Tne Northern Rdillody Of France and Arg,Te
Pdro, Tissandier was recalled to the stand and on
cross examination by Mr. Townshend deposed-I reside
In Calais since 1s4o have been OF Caas every month
generally went to Paris on duty; also visited Eugaud
every month, ard on my return reported at Paris what
was to be done In England sometimes report 10 Petit
sometimes TO the directors my reports are sometimes
| written and sometimes verbal; In the compSnys
Office sometimes gil day when in Paris aud 20 ne,lmes for
asbori period never have been there all night per.
| sonally acquainted with Mr. Matthias tincc 1919;
be left the com any building when he got married. some
three or four years ago; stopped night there with
Mr. Matthias q You cont know, then that be fey, there
all nightf A. have him jump out Of bis bed 10 open
the door. o You don't know that he slept there since
1879? A. only judge BY appearances slnse lsio know
he had no other room IN Paris. Who besides Matthias
resided in the oncei A. After 1919 came, give any
name; Matthias chief inspector.
Afier me further testimony, VT ich rnimporani,
| the Investigation was adjourned to Tuesday next.
"
Court or General Sessions,