New-York daily tribune., 1858-07-24
LAW LNTELLEGENUE
DE RIYIERE ONCE MORE.

in Court Mr.. D,m,g irfermed TIE Court thai ancks
ssd Davis hsd procured bsil Ia the sun Of Al. 90.
to snsrer the charge Ct perjury. Mes~A J. Fiack snd
Il Coles became botd.men for Hurcke, ard Mr.. Finck
for Dasi. Tee bail being taies, the Couit was 81.
iouIned fer tire Tenn. Huncke remains in Bsrgea
Jal, Mr. Blount q. the Hotel Nspoleoo. and Colonel
end Mss Blount are preparing fer their return ID the
South. Mr. Mnlord hiss NOT yet made bis app ssrsacs.
Deputy Sheriff Francis announced to the Count that
re lad been unable TO find Mr.. Mulford. I, is uuder
stood that he V in New-Yolk City, but al efforts to
learn bis whereabouts have proved unavaliag
bench warrant has been issued for bis arrest on the
charge Of ps,juIy.
SUPREME CoURf-Css~rss-JVLr a-SefoEs Judge
hGssHAN.
MOTION 10 DISCHARGE JAMES 5. ELLIOTT FROM
ARRKsr.
Jonathan PEEL her Rntsnnc Nsessys frncp. s-cIcuy OF
About week ago Judge IrgrsAsm granted an order
for the arest CT the defendant in civil suit Instituted
sssnst him for the recovery Of 80 sOO belonging to
the Brtsh Government, and alleged to have b'sn
| embtzzed BY defendant. Yesterday ne was arrested
BY Mr.. Robert M Bovysr, and to-day motion was
made TO discharge him fom arrest.
The following is the affidavit upon which Judge Ia-
arabian granted the orders
Guy ead County Of NV York, Henry whis.isr Of the
p.irtia Pripcp.l Of War
D,retnett OF Her Brlt.uuic Majesty and is sac, Pracip,
bS s.ho collect and for and I'll debt. due
70 s S'''TRs Th s3 i. t,a.a as G.m.
sor Elliott srofore 70 wit on aud previous to ,he ava
p,y.mS, m sai By the the p.lss piincipL ss, s.cst,-y
,for...id. to v Principal Military stor-seeps
"a. Sa ID II. KSsdo@ OF Ens.Hs sa
pubic Oce and TIA, toe course Of the bushes. o. .ucn
snoed and int ued the sd James uttsa Elliott BY the said
Ipeha e ~ al S .nr a.. am oo n. Ss ON
S'sH" Of the q said si.on as.
su % 81 ach pSb pe aud iUtasd [ SsS'
@ Of 10 ss &
.,d the amount of 3d. currency of tbs Uuied King
Of sicss cur,ncy tho United States Of Amedc and hath
ht,eby guilty miscouduc, aud such o
tse acicn biOusL Tb. be- the ..d jaime. Sutton Elliott
guilty s tns ard .c n} m %pp ns %oDsy ana ?,
uch debt, Aforesaid and did theupon 90 about the said
to the Hnisd Stses Of Amc,ea and i now IS deponeGt Is
Ermtd beev, in the City Of New York fh., on such
1y Issued BY her .sil Brtannic Mse:y. Court Of E1cheaasI
sssDst the .d James sutton Eliot ssd lam an inSs%Sn % eq
such iuqutop 'uEd b. tho ossh q tn, sor. taking
late Of soesaid Principal Military Ssoekeepsr in the
said Department on the day OF taking the said acquisition
The sum Of two hundred aud t~entyhree poands
and three money received BY Tho said 5me. Stoa
sutton Elliott should h.y the % payment yns Of f. var. .s
sd jams, sutton so Eo Psd 70 d. Tha ss dcpo
sId for two years M past and up.srd hath acted
st,ers OF busness said Department aud hath bsen aud
in frequent commut icaon VITA the said pePsaen thereon
and belief derived nom instruction. received By aD this
Assistant socto OF the ps,rsrt and from e.smp
copy Of the Aforesaid ipqn,tiOn under the 6 Seal OF n
him hi. dpcn.n ion said R. H. Touesu in the Of
his employment as Aforesaid sworn &C.
Messrs. Blatchford Seward and Griswod sppssred
r. Mr. in ID
Whitaker and Williams Appeared n opposition.
The question was argued At length, ana a. 'ne con
saying that he would decide the matter on Saturday
The following are defendants brief and points on
molten 70 vacs,e the order Of arrest:
should there fore scutine with great .tcteess not syehy
peslon ter the order OF arrest jcs ss Aytes Sah
2 The psinhs entire Gaze ' contained "a 'sS nse ,ass
before the Cent no' can he p,inh pesent any 70 eosasn
p.i. Of the d,fend,nt sd,yk fatally defective for the
lessons specified in the following p-iat.: ,,,,
|, rot Indebted to he plaintiff aud being Court should
discharge the order Of ses: without fns inquiry tec'ae
an a's1t scon s.Ss on Of toa as Of
ns h. dl for wSIea ii d. 's son brought, W Who
TIE other pn'y to this consct clearly spPea from mo
sssSy Apo that the Queen Of rs, Bt.n wa. The
VII state. h. The o:ssn II sa'ad sy writ 4 ssen,
eans: were Institutes n 9ndon the hsn residence Of the
ouud the drfrndsr uncer Bi be justly .Ed tuy
ind .sid Britannia Majesty for The sla 9: a9.j
M.jesys This .yernent shows tha as defendant Is
narb,ed !, tie Queen t GS.sy sSs,a TO, ns' Ss, sf IL
snd to another per.on ete Ine seiensl
ss Of % .s c..eseT snd a. no .snm.n, alleged
creditor rsm'ie the same IN bS'a e"ant.s zoe Sreua.a.
s, this scon Agsin this Siae refGis s'ery
.On 2 Be brought the 0 @ within ss 't b aepos Ia
Lowsd by the ,taus tbs question then IT, wno tbs
party in stsr TIE 9rn r ePs,s ,at s. .as
bscaus. plsiLti will not beors % him tho
Psia 10 nD the s Rss and a.
Again it 4. s1Pre.'! decided r The kspaoe o Mexico
IN Se lame df ss.n .svsesn Of 5issD
ee. S. toe .GysIstn i me re-. party T aid %1s.
e'n, Ct an eshstns Investigation BY Mr. Justice Hoffman
Second I'll. Coar in TIL. notion should take adcl.l notice
sstses practice rrlsrs TO wits OF exsnt The ps
y. I & ens, IL jaSsmsst .rd sas T. IA 70 the sSda Tbs
Judgment BY dns dsss mir aii, Of
ss.e ss e. .edt wAn the oaesn had ssu; u,
Ts % By e e.S @ ana uty = fsSd
agent IL only BE- sus'sined on the u'gmen ana "a
such sction tbs defendant is nos liable To arrest ld"ana
Thi,d The granting of necessanly presa
d 70 sthorze The order Section s Of the Code presrsos
o. affidavit the Of Communicating this irtor nsson
solitary fact IL contains nothing bat suspciona II s entirely
:.s belief And d@.' nos .ts' s a
| tCan pber sg. Brysn is Howard. Pr Rep ST.
Azsc; the ffst essn il that the drsen iani 'pc
pubic cr bath ancuieny s,azzeo misapprc2na,.d sna
ppisd" kc This in the sIs; language Of subdivinos
eion li9 sad conclusion u law Ine fa ana eitcum
whence his uon hows DOT stso 70 tns tS
t ueieiay informed that the ssns aad nsat
| d,sw tie kssl conclusion.
(b The second charge "in.t the dsfsant sah been sgsy
Of pscondrct neysct In such hs Office This Is kswSs
csbegsicu oaw and alleged The exact Language of
The the place ths circuustsncen ether ~of'h "e
facts justify,pg the core,eson-sre lot sa;ed .,,.
tc ch.-se AID itrvse fraud 10 consrsctAs
the cek for hieh hi, setien IS efcssh i,baa. .ias.