New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-08-08
LAW LVT,ELLIGENC.E.
EMITTED STATES DISTRICT COURT-AUG before
Judge Belts. .#

EMITTED STATES DISTRICT COURT-AUG. 1.-Belors
- Judge Belts
THE PosT-oFFICE DEFALCATION-Mh fo"Lhho
sUkETIEs OBTAIN AN INJUNCTION.
Geo Law aud Gustayus A Conover ag the United STAKES
Belts, IA bond having been given by the COM
plaipants with su etes to the United States OF Amer
lea in the sum of two hundred thousand dollars, con-
ditioned for the performance Of such judgment as
should be awarded against them, which said bond mas
been approved by the Court as required by the order
Of this Court Of the Sd of July last now, on motion
of H. W. Robinson, solicitor for compainants, ordered
that an Injunction issue pursuant to Act Of Congress-
approved the 18th day of May 1890 in the bill OF COM
plant referred to, restraining the United States OF
America their marshas, officers and agents, from ex.
ecung or enforcing against the compliments or their
property, the warrant of distress mentioned, or any
other warrant of distress, by of their alleged
liability as sureties for Isaic V. Fowler as Deputy
Postmaster of the City of NewYork, until the further
order Of this Court.
THE ALLEGED PERJURY IN THE DA COSTA BAIL CASE
THE HABEAs CORPUS IN The CASE OF HAIGHr, THE
ALLEGED STRAW BAIL. s.. ..l
Tn this matter reported on Friday in which Haght,
committed by United States Commissioner for per.
jury for swearing to the possession OF unencamoefed
property which proved to BE- encountered was brought
before Judge Deus Cd HdVeac wi Pho, o"N "S
asked on the ground ofinsucent to warrant his
commitment the Judge this morning rendered an oral
decision. He reviewed the whole facts in the case,
and that all the proceedings in the matter Of
bail in the Da Costa case seemed to have been marked
with unusual acrimony on both sides. In the matter
of Haish he swore before the Commissioner that he
was worth $4,000 or sl4 900 over and above all en-
eumbrances and also that there were mortgages on
n.,o;,, cd in "a
pers. with view to establish the conclusion that he
was worth several thousand dollars clear, over and
above the amount of bail required Judge Belts incl
dentay stated that there was singular fact in this
case of Haieht-that during all the controversy as re.
CARDS him. no statement made as to the amount OF
bail that would be required whether 81 900 or $1,000
Having carefully read all the papers and listened pa
tienty TO all the arguments for and against the appi-
cation TO discharge Haght Judge Belts said he had
come to the following conclusions, which he read:
The United States agt. VIM. D. Hsisht
On return of habeas corpus, motion by prisoner 9
for his ds.hsss a n,,G% Tor want
1T The return to the writ hsbeas corpus by the Marshal
%So fns Ss Ss Wa. show that the
United charge of wial perjury IN swearing arm 20 Hana %
Costa the prisoner indicted and Imprisoned for violation Of the
act of Congress against the slsyetrade A. 49,
"a The ssr ST that hat &% Rht did the t
oath Ssff e a% Sat the n Tmd States d upon
the taking OATH knowingly and wfuly swear falsely
se records Of Judgments outstanding agnst the defendants
t. ss e. to n
evidence IL law to sapp. c PERJURY
Fourth Bail in criminal cases gwen and received IN Courts
Of Law BY of bonds executed before 0sai Rio.s aa
designated Of money in case the condition MOI taned
sd b bnS oi sow Obsolete and out Of use and the
must be expressed to be for the payment oil certain SUN
TJii-Regusyy person offering himself as bail at common
law in criminal Of ey s'e becomes O@ Pbb bs oseS
otter be has recogance executed the bond which
H. s s ePs @ Ss are ss so
Ct BY n1 Of sSs tho s1sseon M
have solely adequacy Of IN Che mGns5y bail given
ssS for the T. eeS to give per-
sons proposed their doing and 70 exam.
hi heT 0se5 IS 2s Of
or authority the law substitutes and sanctions such
preliminary examination valid justification OF ball without
the express parties the action that an exam
nation made would be under the authority OF Judicial OATH
sds swearing It Is doubtful tie proof whether
the defendant assented to the examination under OATH 10 ~hen
Sera& either mode Of proceedngtO test the .ucenSy Of
the would be an irregular irrelevant aud imna-
tera inquiry call for the Judgment and opinion the party
out having regard to the which he proposes to be
responsible unless such inquiry is maney neees
I no sss' n valuations With
the fixed amount OF his could h answers 20
oGfI In my opinion Mr. Andrews at least leaves doubt
mogaged incumorance outstanding on
the real estate defendant not mentioned BY him in his ex
animation except perhaps sns $3.50 TO Stuteu
burgh does nom the minutes OF PROOF hat ne
directly inquired respecting that one OF ths there
any Judgment subng against him. except one IA sVor OF
Wight I'm about bis 1panaon why be did not
gard that incunbrnce his property Is m no way contra
dced and sppears reasonable and probably true aud
also think that from oil the proofs i clear that the value o.
several thousand dollars detts chargeabe upon IT, and
that proved charged in the complaint mat the oa Sc
cnry proposed give In the onha one quarter
the amount OF his surplus properly and es inde
owns nor do the testimony any ground to determine
that estimate which the defendant puts upon Ms real es
tate IA beyond what aad conderste judgement can
Justify the opinion he declares that subecmast be deemed
Opinion therefore from foregoing considerations
and especially the oath OF the defendant by
the edR had reference to certain hKed
amount In money which he to become Responsible that
certificate of the proceedings had before Com
mson.rs Moe which the arrest Of the defend
founded laid before shown for OBTAINING the defend
ant IN custody the charge Of perjury.
The prisoner Is ringly discharged.
THE FoRTEsI DIAMOND CASE.
IL will be remembered that this tried some
two wears back when large of diamonds aud rJbies
were forfeited the United States, at which time bonds were
accepted the amount Of Si 900 motion wa. recently
10 execute their puaons and the amount TO one Of
the Unit ed States Trust Companies.
morning counsel appeared to show cause why ths ou'
should not be executed alleging that the spq stor were 49,
present petition to the Secretary for the remission Oh VI"
amount ..n,.., ..v o,nosea
Mr. j. Buchanan Henry Assistant District Attorney oppolIl
the stay of the execution the ground that TINS was ~
pendent remedy and that the application 10 the nJ
not be allowed TO interfere with the poceedns' J"ue
(onrt