New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-04-18
LAW INTELLIGENCE.
UNITED STATES CIRCUIT CoURT-APRr 17-Before
Judge HALL.
THE OYSTER sLoOP OBSERVATION-DISCLOSURES


THE OYSTER sLOOP TRAGEDY-ARRAIGNMENT
OF HICKS.
The case Of Albert w. Hicks alias VIM. johnson,
indicted for piracy and robbery on the high seasAp.
pcation for writ Of habeas corpns which is denied.
The prisoner states that he was not found Wthl me
jurisdiction Of this Court.
This morning Hicks wss brought into Court. His
appearance ia some what changed since his ncsrcera-
tion his countenanee betokening curiosity a. the call
of the Jurors and anxiety in scanning their faces 81
they severay answered the call. MessrF. Graves
and Sayles appeared his counsel Elk Judge Roose-
welt Messrs. Dwight, Hunt and MclaDe appeared Tor
the United Ststss
Mr. Dwight raid the prisoner was brought up on
Friday Last to plead 70 the Indictment, and time was
given until this day for hlm - put ID his plea
Mr.. Graves said that before the prisoner put IN any
plea 70 the Indictment they demand to make an ap-
plicatiCD for writ Of habeas corpus, and thereby
raise question of jurisdiction, which they were sat
ised this COurs did not pOssess We think TINS 10 TINS
easiest way TO try the question 0f guilt ana II II Is
ecded against us, 10 harm can happen to the prose
culion.
TIE Judge asked if there was any dispute about the
faCts. .
Mr.. Hunt Fad this might be very proper apPli-
cation before pleading or the finding OF AL indct-
ment.
Mr. Graves said he bad never known a suit Of ha-
beas corpus 10 hs refused.
Judge Hall said If there any question of law, t
might be presented to the Court as statement OF the
fscs in controversy. The indictment contains prob
ably allegations winch give the Court jurisdiction, aud
then il woud be appropriate 10 Try the question
OF facts. This might be pu, IN Issue and the question
therein 20 to t.sJury.
Mr. Hunt sad no affidavit had been served On the
Distriet-Attorney.
The Juose directed the counsel for the prisoner to
read the petition aod affidavit of the prisoner.
Mr. Graves read the following
To he Hon me Circuit CoHt0f tic United Sat' for Ne SoHi-
District 81 Neg lorA IA The second CTeu noe ~ ss'''oH
1bert w Hicks, Otherwise called wiam Johnson, hubby
boweh to this Court me- ne nov ahs Ior NAM asy pss'
he. s By i sSqi J5s a ] o d e' oaie District
Of whereupon he Prsy this ion Court % iqe saer
Oaen said G9T The fPd GA ~ wat pertains
bated at Keto. York April H. 1860 ali's w. Johnson
To THE was appended an affidavit sworn before the
Clerk Of the Court Mr. Stlwell, DC.
To the affidavit was appended draft Of writ OF
hsbeas corpus.
Mr.. Graves said we think i. our duty, while deny
ing the guilt Of this prisoner to make the lpplcation
Mr. Hunt said the man is here in Court and has 10w
put in a plea OF some kind
Judge Hall said it may technically be unnecessary,
that the party should Do compelled 10 plead at tns
present time.
Judge Roosevelt said that no fact was stated in tie
affidavit OF the prisoner except that nc Nas "unla"'
fully held and u that the prisoner claimed TO be
the cole Judge Of the law in the fagls. Tue Grand
Jury on ntr oaths had convicted the prisoner AID ne
was here 10 plead
Mr. Graves said they not concluded by the M
dictment They wanted 10 ralle the question OF Jurs-
6ction the praoner WAS arrested Ia some other ds-
trict.
Judge Hall said il there was no dispute about the
facts there might be division OF opinion between the
Judges, and the finally carried TO The Supreme
Court Of the United Sta,es
Mr. Graves here framed spec al plea setting fortn,
under OATH that the prisoner not appreheldsd IA
the District but in the City of Providence in the sss
Of Rhode leland within the Jurisdiction OF she First
Circuit OF the United States of America, and on the
9th Of March 1860 before the finding Of this iEdict-
men, Of which he s not guilty. he therefore prays
Ion Judgment and thai he may be discharged.
The DisristAitorney said they were ready 10 90 70
trial anf they should contend that this was me -
trict where the party WIS apprehended. Ihe mdicI'
ment drawn III the words OF the statute.
Judge Hall said, that as il was & capital case, he
should proceed with great caution.
Mr.. Hunt said they would put in replication 70 the
plea, denying the facts set forth.
The replication set forth Is as followsi ana Jhmes
j. Roosevelt, who for the said United Sta,es osecue