New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-08
LAW. LNtEELLIGENGE.
THE FRENCH iR4IIIWAT FRAUD-THE MO-
1ION TO DfSOR ARGE AUGUSTE IAROT.

THE FRENCH Rs4II.WAT FRAUD-THE MO-
IION TO DiSORA RGE AUGUSTA Parrot.
SUPREME oovRF--spEG; IA TERM-Jvsr e-BefOre
The Northern Rsway'f Fl ast Charles cspene ct al
This was a motion before Judge Mitchell Of the
Supreme Court or Seha IL O5 AUguste Parrot to be dis
charged from arrest in the evil suit breught against
him fy the Northern Railway Company of France,
wherein he IS held tor bal in the of 500 900.
After reading order TO show cause aud affidavit on
behalf of defendant, Parrot, and affidavit by james
Norogh plaintiffs all orRey, and aidays and papers
on behalf OF the Sheriff opposition thereto at the
request of the defendants counsel the argument OF the
motion was postponed to Friday AT 10 a. NJ TO enable
tbe defendant 20 furnish further afdavts, which are
to be served IN or before Tuesday next.
The deposition Of Paret was published in TIE TRlB-
USE of FidCy last IL rectes the fact of the request
of plaintiff attorney, Hr MOrogh TO discharge ParOt
out Of tbee1sody of the Sheriff on the 22d of May
last and his discharge on that request aud his being
penitted ~ those having him in custody to leave the
CITY and county of New-YoIk, under the stipulation,
hOweve. from his attorney in this action, that no
"advantae5 should be taken of such depOnents leav-
"ing the ety. which stipulation was, as deponent Is
informed by his said attorney, and as he believes,
"withOut any knowledge on the part Of the SAID
attorney of depOnent, that the plaintiff : attorney
"hsd authorized the said Sheriff to discharge depO
"nent and was given without the consent or knowl-
edge assent Of this depOnen and depOnent denies
that he was or is bound by such stipulation OF his
"said attorney" Parrot rectes also that the proceed
ings in tbs matter Of the extrad0n were terminated
"by the officer, before whom said proceedings were
"bad making b report to the Secretary OF State that
"said deponent that, therefore, depOnent became en-
"titled to and ought to have been immediately dis
charged from the custody Of said Marshal, but that
he is Still held in custody, without any authority
whatever, except mere verbal order OF the sad
James thorough
In reply to the affidavit of Mr.. Parrot, Mr.. Morrogh
attorney for plaintiff put in the following affidavit:
james Morrogh being duly sworn poses and says he
is the plaintiffs atom in the above entitled acton That IN
and imprisoned by the Sheriff Of the CITY and County Of New
York in default d bail in Of $500 900 and yet remain,
in the eu,oy Of the Sheriff having never been eay de
proceedings instituted by the President of the United
States for tie eItradon TO France n said Psot and Others
which PROCEEDINGS have continued since end
,i pending before George Belts cell United State. Com
fed by the President Of the United The, Immediately
Issued to the United States Sr the arrest Of said Parrot
and others AID they hereup'n brought before said Com
shsl who then and there had concurrent jurisdiction
him together with the said Sheriff That the prs
then confined in tse city prison in Eddge street,
in the City ofiew York and therein in charge Of the said
Sheriff and OF the United States Marshal That while the de-
PENDANTS were 80 imprisoned Eugene Gieet one OF SAID de-
PENDANTS died That ths dePonen, informed and
he should be o.ored Calvary Ceme which situated in
application aade 70 this Opponent Iy Mr. Gardner the
Deputy so who had the custody OF said prisoners 10
sent 70 ao and he other prisoners attending the funeral of
said EuFene GEse That said Gardner told this deponeat
that the Sheriff would not let him without authority from
the plaintiffs attorney That said Gardner the time
bSh attorney Of said Parrot .pGane effect tia. if hi,
depGnen would con et 70 the prisoners attending the said m
beyond the jurisdiction Of the Sheriff That this deponent al
especially prisoner. the brother of de-
hsyDs reason T. doubt the good ah of the at
torney Of said Psro fearing that the departure said
Pafot from the jurisdiction o. the shera might be construed
into voluntary escspe hesated whether his duy his eli
ens would admit Of BIS accedng the request OF the prison
but finally act Of human 70 the prisoners aud
Peni release the Sheriff FROM any re.pon.5ty
and accordingly 70 the said Sheriff consent Of which the
hereby that the Sheriff Of the City and County of
aud Ausgst Parrot 90 n so custody III United
shS for the souhe! District OF New York until further notice
"I MsT@6 %. 1857 "''I' "0"o''i r'a''a Attorney
This deponent further saith that when the stipulation of said
Parrots attorney exhibited this deponent he this depo
nent verify believed Chat given with knowledge aud
and further saith th had he hi. depohes hi the .isits.
reason TO believe that gvoD contrary his desire be-
TINS dponen would not have given 10 the Sheriff the said
sent
Tia: when the said Psot Of the jurisdiction Of the
SAID sheriff he accompanied by OF the United states
Deputy MSrshas who had him in custody and that after
PsIo returned again voSary the City Prison, and
rendered hns again 20 The custody q the Sheriff and be
came and still Is subject hm aud under his control well
a. under that Of the United States Marshal And this deponeut
discharge the aad Poi from and hi. custody AID thi
SePer denies that said Psroi the ga May discharged
BY the Sheriff out Of his custody and denies that he
nted 70 leave the City sud County of NeWYork except
u. sheTa 70 allow the sd Parrot 90 hi. Jurisdiction
UNIV s the stipulation Of the Attorney Of said Parrot had besp
the implicit belief That the d paTo, Attorney had given the
ponen would have given hi. eon.spt 'H Nc
T' sn S phe denies that the proceedings for the
1901 y the Sio making
~ 81 STATE nd denies that the made aoy repor
the CT there nothing
extisd1on sglst said Parrot; but dpopept segc that
said proceedings still pet ding there was be.n,
before The said Commissioner Friday sth dsv of jane
after
nation Of witness adjourned saturday thu Ss J
1857 and this dPoEent Therefore dnes that Parrot should
have discharged from the custody Of the Marshal and de-
that be discharged out OF the custody Marshal
and denies that be has been discharged out Of the custody
81 said MaTsa since the said Ma h drst took him charge
and denies that be nov has been sCasygcl
custody Of The Shsih Of the City and County of YORK
except duEs tho pOoI o the day that he permitted to
20 20 said funeral.
This dep0Dent farther tina; motion heretofore made
before Hon Judge Daves Of this Court for order 70 dis
charge said Pa0t 0 aud order the 9ha day
JAMES MORRoGH.
Sworn before tins eth day OF June. 1851
w. X. DUsENBURY Conn. Of Deeds
Appended also was the affidavit Of Theodore Ryn-
ders, Deputy United States Marshal, who sub,tsn
dates The fact Of Parrots voluntary return 10 Edrdge
street jail after the funeral of EUgsne Greslet.
81 PERIOR COuRT-Iuna Rsntr Indge bULR and Jury.