The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-09-07

end thai 10 peysnn ec admitted except renbsrs sod .so
CLERK.
tho reporters were then ob'gsat, pltsara..
DR.. AUSDAY ihe Hsaao ofBcer nsds tne f0llosi9g
| port
beer informed o.ss cf yellow ocror-.d
M S %. a.. hen nv s.s s: :: s'
70 ~y -hether IL so.y not wcnd fo,oe- s,ae tsst
r. s g. .Sa ess' he @S"ysa ma S
s me ssrS sSs na" .
ibis Boatd gsss s9rzrs srrse one Il
l,,ry Of DE eonTts sfsss eao,s;sd By sss
s s'y s.. .s' aa ne o sn o.
gest he Nd pointed 50 he force.
Mr. FRrAs then moved she folloring resolution -
Of own be v he Be.- ss p.o, 80 70 yaa,a
and ,.sp va yscs over ~ Ss pssss OF nysec" soa s,t
Of ossson oas aoar and a',s cent,
u wsay 's vs surns Ds aa ne during
nr De Fonssr seconded sae motion, which xas unAui
Csptsins ard ,ereeanfs appointed at comp~nsa
en for captains three dollars per cay and setgsans
dojisys
then mcved that Mr Fresn ard Mr De rores,
draw rules tor the government Of sb force and submit
the sape to the B,srd = the next meeting
The Board renamed In essston uDsi twelve O'Clock.
MORE OF THE REBELS IN COURT.
ONE COMMITTED TO THs TONES BY JUSTICE Wills II,
Yesterday morning 6ve OF the alleged incenda
riss of tho Quarantine arrested spd hrouxh, before
Justice Welsh by detective cflrers Devos end vildey
The Dsmes Of the arrested parties Thomas Garrett,
mssata'e eecs he town Of southnolt staten Island
Charles Sebbns, John Carroll, Michael o'Rsen end Pa
trick OHara Tney al arrested .. early yes
rdsy morning. snd At pine O'Clock conveyed before Jas
tce Welsh 3. his headquarters, under the City Han
cae large number present, friends OF the pr
sobers John Ansn, Esq appesred counsel for the
psrics. As Justice Welsh took bis seat Ar An
fhon made molten to sdmlt them all 70 oa waving any
preliminary exsrinasion.
Justice Wslsh sed that examination should .aket
Place IN the care Of one Of the paries as i'm
tive that the facts relative to the charg should 20 b. ugh
out
M ADihon urged Tia. the prisoners bad = right 70
wsive IN exsmratou and bv giving bail they could not
be compelled TO undergo . examination
Jurice Wesh psseo tbat the people bad rights the
matter psrau ount 20 all other Considerations After the
parties bad given bail he ssid he could not compa wit
nesses TO attend and ,be OF ustoe ~oud Then no
doubt be Illustrated After the bail bonds signed
Nr Apthop still claimed that all the prisoners should
be admitted TO bail and their bebsN entered protest
He Gained the alleged offence sas committed in Rob
mono county the trial could not take place aay oher
county
Justice Welsh sad that he knew far his authority
exteI oed and therefore shcud b1i them al bail in the
sum Of $1,000, with the exception of one.
hr AI,non aesned 70 know Which one ne alluded to-
which oIe but would except rhouas Garrett
Mr. Aribon said that the gentleman rbomss Gar.
re justice OF the peace elect of Soathhod, Richmond
county
Jur'ice Welsh replied that he could not help who be
vas be Rad no desre 70 lock of them he fe.
his cuiy magistrate to require that an exampat ,n
ehOuo fAse p'sce. He would, no gever, admit Mr. Gar
e.l 20 bail Tor his esrance before him for
N the Ike nanner as though he had Lot waved
iDsticD.
Mr. Garrett after fev words with bis counsel, stated
that be would not give bail 10 appear for examination
Juscs Welsh then said that Mr Garrett would have I,
be committed TO the Tombs and nxea nation Tor
10 O'Clock This morning.
Mr.. Gar EFT was tbererpon committed to the r,rnbs
Ibe o. the prisoners gave bail and releas
90, Daniel Allen, VIM. Curry and Jacob Harrison be-
coming security for the parties.
SUPREME COURT-AT CHAMBERS
Before Hon. Judge Davies.
SEPT. 5-In tn mater Of Thomas Garcia writ Of
haheas corpus in this case, rciurnabe Immediately was
granted On tho return being made,
MI w. II. Anthem stated 70 tho Court that large num-
Der Of PARTIES charged with participation in the receu.
Quarantine troubles arrested and brought before
Justice Welsh this morning they all admitted 10 bail
IN the OF 81 600 each except Mr. Thomas Garrett In
whose caae 'he Justice refused accept ball. on tho
ground that he desired 10 proceed with in
bis care; that Mr.. Garrett waved tho examination: aud
Mr. Acthan thereupon ved in his behalf that ,hould
be admitted to bail offered to any amount
that this uon denied by Justice welsh, and lie
sr Anthony lad ihereupoD u?on the o~ns pe-uon
susd out writ Of hsbeas corpus:-
TIE petition Of 1horAs Garrett. Of the county os Pl-h
mond shows hai be ee. ed and resrsned of his 5eriT
= ae city pI. q The city Of he's York and ,hA, he Is
court of the uaed States or by Jpere hereof
sc % g y ans q . sf 9. %
ion or ~ virtue e eseenor 'sued such Judgment
cacree thai he such
ina 70 The tes e huovdse and belief u your petitioner
s % BY James mes az Sss
one q ne Pole 1nScs o. " CITY sns county q Ne. To.s
sysscn g he 2a.rsaise srouns y hs cean., o. Rich
sos Ess u s,r q sc por u New i0i in he pc, form
q % % % ws e. i;
hep spd there eset 2 &c risd Court o. s sessions
Ss " ,hs rsqar1 oi ins stsst pro'ssns sows,sr
S o 'o.S o ssrs s ; q as su Gs ss
.nd old dsasro 10 pc held 10 ball aod cid tender s~d jus
ssuse 81 . sss,po iao se :pssBeg % z sd
snd ~ q nm. us psaaonsr e he eil prson y he eiy
hAi ~r oorpus issue d.e,e4 3 ss sa.,la x
he sofy q ~ ssd rbonss Gsrrsi bssie snry y D.sea
sq onf q he dgsees q To- Supreme Court Immediately
Dated The SIKH dDy OF september, 1858 .
Fyws HSSRY sSrnos bis attorney
Of 10 ely ssns dsiy ssorn eos sspo.@ s1d ~ iss *.
'e 'orh 70 ne Soovs pshor .asse 30 ey b are
TER B.tvrsEEy Comma asicnsr Of Deeds
NJ Arihon stssd 10 obss'ence 70 the writ cf
bsosns cofpns the prisoner wss IN oourt and hs
moved for Us reieAse or eechsrgo bal Goosng
tLN hHyfnred from ali the NADerB IN t7e
csc rat the pisouer Tor a. god nisde-
me&ror oomrlX5 with tho lins of "a counly or ch
mono snd 81 which The courts Of the city and cCuntS Of
New ~ had 20 ctvizsnce. Seoosd tbas the prisoner
vas emitted 70 trial before ury Of county ~ Rich
mend wbere the onc0co saio b. have
Isfd nat .hc act O. the Legislature Of 1850 conierrsg
s1cuor n these cases upon The courts of General aud
SPECIAL eefsors ~ the CITY and county OF Sew York
unconsttainnai, nasmucb Il irterfercs with
"he usl by Jury a. " nas bfen heretofore ussf.
Fourth, that The right of on ARES, rsht
which may be waived by the prisoner and thas In al
csses OF medemeanors where xamna'on is waived be
justice 70 bornd 20 boic the r,bopcr 70 bal Filth. that
al OF hsSeas corpus the Judge before whom the
priscrer Is hrcrgh the OFF, rce DO basble bound %
Wn him ~ ball In aocordaocs with the terms " no
Revised Stsuses which provide thai the Court oiccr
before vho fuch party shall b. brought, shall p.9ccst
70 ef auch marty 10 ball. tho BE- oslso. and gcoa
tail be offered or n not, shall forthwith remand sucs
party Mr. Anthon stated thas -cyarea VIVA bal
= ..... -