New-York daily tribune., 1858-03-18
FROM ALBANY.
From Oar Own Correspondent

ALBANY, March IL, le5S.
The telegraph ha, already informed yOu that the
everlasting question of the Castle Garden inVeSu'
eating Committee, and the contumacious witness
was sgain brought up in the Assembly last evening
on resolution directing the Sergeant Arms 10
fetch Mr.. Hamilton before the bar OF the House
to answer the contempt in refusing TO answer
questions put TO him by the lnyestiga,i'S Oo"'
mittee which resolution, after c0nsideraoie "'"n'
Cling discussion and conflicting statements oi mem
bers as to the facts in the case, was adopted one
member of the Committee Mr. Horton, asserted
that Hamilton permitted ADVISOR! couhsei,
while other members. not of the Committee, stated
that counsel was not permitted. The language oi
the report of the Investigating Committee itself'
az well MS that of the resolution adopted by the
House calling Mr.. Hamilton mp to the bar to
answer, implies that counsel was not permitted
The facts in the case, ~ obtain them from an
Intelligent gentleman who was IN the COMMITTEE
room at the time Hamilton was catd to testify,
are hat there was no counsel in the room; that
Mr.. DeyIin, whom Mr. Hamilton desired to employ
rs his counsel, had been reque sted to leave the
room in accordance with rule of the Committee
that only one witness should be- present at time;
and that Mr. Devlin, who thoroughly understands
the ropes in regard to the management OF Castle
Garden is believed to have been subpenaed only in
order that he should not appear as counsel for the
accused.
This morning the Sergeant-at- Arms brought in
his prisoner, who, when being questioned as 10
what excuse, if any, he had TO offer why he should
not be regarded az in contempt of the House, pre-
seDted a written statement, the gist of which was
that be understood by previous vote OF the House,
dischsrging him from arrest by a vote Of IL 10 !,
hat he was charged with misdemeanOr; that he il
entitled 10 counsel; that another witness, Mr..
Kennedy, who stands also constructively charged
with misdemeanOr, was permitted to have coun-
sci; that he was advised that he was entitled to
counsel before the Committee. Furthermore, that
he employed Mr.. John T.. Devlin "a his counsel,
and that before be- was sworn, the Committee re-
quested Mr. Deylin To leave the room, with which
request be complied; that he intended disrespect
either to the Committee or the House, and that the
Committee adjourned on his asking for counsel.
without deciding the question whether his request
should BE- complied with.
Mr. LANINC offered the following resolutions:
Re,ored That Jsues w Hamilton, tn cusody The
Ser ant at Arms be- aud he hereby discharged from custody
be lot having intended any contempt Of This ouse of its
Re,ored yy,sc, That the said james W Hamilton and the
charged in the resolution under which the C1mmee
setting be slowed to have counsel present meeting Of
of the Emgant Depot Castle G,rd~n wlich e-t
mouJ may be taken 20 produce testimony and VI
Mr.. L. proceeded to give his reasons-which
seemed to your correspondent very good ones-why
these resolutions should b. adopted. He had under
stood, when this question was up the other day,
that the general sentiment Of the House was that
the implicated witnesses should have counsel. Mr.
Kennedy had been permitted counsel. Mr.. Ham
ilton is equally implicated. One of the charges
that OF fraud in the sale of tckets-a labor ex-
cluslvely conhded TO Mr.. Han iltOp. Being thus
charged with a crime, he was entitled By the Con-
stitution and by the common law, TO counsel and
Mr.. l.. could not any contempt in the case.
Mr.. MILLER moved 10 amend by remanding
Hamilton into custody until be shall answer the
questions prOpOuDded.
Mr.. WAGER offered an amendment that Hamilton
may have counsel present to advise with upon such
examination.
After lengthy discussion in which several mem
beers participated, the previous question was moved
which would cut off the amendments. The previous
question was not sustained.
Mr.. LANING accepted the amendment a. sub.
stitute for his original resolution and after further
discussion II adopted SO 10 a.. The resolution
as finally adopted resds as follows:
Re,ored Ths: Jsnes W Hamilton be aud be 10 hereby
anesd into the custody othe Arms ;beto rem,iu
gt be ssl sn~er The questions prcpoundet TO him bv The
speia Committee Castle Garden nve,gson and that
JoTa " Ha .t0n nay Adre eoHn' 3rs'e 70 ldre % upon
This resolution, it will be seen only applies TO
the case of Hamilton, and il is quite probable that
the same farce may be played again By the Assem-
oy when the next witness il called up for examlna
ton.
What the Commissioners Of Emigration desire is
the privilege Of cross.question,ng witnesses, but
this the Committee, and also the Assembly, deny
10 them
Mr. CRAM. from the Committee on Elections.
presented report in the case Of the seat occupied
b! Mr. Seeley aud contested by Ar. James A.
Dolan, IN favor of the sitting member.
Mr.. MATHER presented minority report in favor
Of Dolar.
Mr. WAGER presented majority report 70 amend
the apportionment act 40 as to give Broome County
Two members Of the Assembly, and Livingston only
oOe