The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-08-08


DISCHARGE OF MR.. HAI6Hr PROM eosieD''
- rxrE STATES DISTRICT oouEl'
before Hon. Judge Belts.
Ararvr In, United Ssates Is William d. Hos9M-
Judge Belts in rendering his decision said tnas nc nsd
rrrsrcd condensed summary Of his findings IN the mat
ser return of nabeas corpus. Motion ~ prisoners
counsel for his discharge from imprisonment TOR want Oh
, ause of commitment and detention. The return 10
,he " habeas corpus by the Marshal and the proceed
ngs and process certified by the magistrate 10 whom the
hail was offered shows that tho defendant committed
on charge of perjury, in swearing 10 his sacency in
point of property Offering himself to magistrate
bail for Henrico Da Costa, prisoner indicted and mpri
soned for violation Of the Of Congress against the
slave trade The charges against the prisoner upon the
face Of the warrant Of commisment are that William D.
Haght Of No. Is South street. the city Of New York,
did on or about 10th Of July $780, the city Of New
York. within the Southern district Of New York make
oath in a certain case, matter, hearing proceed.
ing, when oath or affirmation was required
be under certain law Of the United States and
dd upon the taking or said oath, knowingly and wilfuy
swear falsely Oficia certificates Of the registry OF
mortgage aud Of the records Of judgments outstanding
against the DEFENDANTS real estate, with evidence Goa
ducYng 10 prove his personal knowledge thereof his
acts creating such cucmbrances, amount 10 compe-
tent evidence in law to support charge o. perJury
without the testimony OF living witnesses 10 such charge
Bal in imna cases is given and received IN courts Oh
law by Of bonds recognzances executed before
and gst she engagement ia undertaking 10 pay de
signated of money In case the condition attached
thereto ia not fulfilled and the old recogniznce formerly
taken at common law, body for body Is Nv obsolete and
ont Of use and the eagageme& mnst be expressed tn be
for the pay ment Of certain sum OF soney hguary,
civil case becomes party in the matter and sub
jet the oogni2ance Of the court in which bail Is
offered, after ne has made the recognizance or
executed the bond therein which constitutes his
bail, and then only are the proceedings
TO ascertain his responsibility as such bail strictly Judi
formal exceptions taken IN writing on behalf Of the party
prosecuting and interested in the subject matter, and
these exceptions have relation solely the adequacy Of
the monetary bail given surety for the amount stipl
lated in the un eraking usage is prevalent IN prac
their entering into the engagement such ball. and
70 examine them oath 10 the qualification and su
coSi % admit e or reject the otter Of the party bail
but not knt that any law or rule oil court OF this
State on authority Of the common law substitutes or
such preliminary examination as valid Justi
caon bail without the express assent or the parties
to the action their attorneys thereto, or thai an exa
| mination so made could be under the authority
judicial tn and subject the party TO the penalty Of
perjury OF his false swearing before binding him
sell as bail and is doubtful the proofs in this case
under oath 10 which he was subjected, and
ha, way rendered the ProsesdDs valid
carefully the papers IN the case and as Is possible the
defendant may have believed all he said about hs proper
G the Court thought the evidence insufficient to detan
the accused and he is accordingly discharged.
THE pErALcATroN IN THE NEW YORK POST OFFICE
INJUNCTION AGAINST THE GOVERNMENT.
Cooree Lap and CuStdvus A. Co'opc The Cnited
Sidtes-Bctts IA bond having been given by the com
planants with surees to the United States Of America
in the sum hundred thousand dollars, conditioned
for the performance osuch judgment should be award
ed against them which said bond has been approved by
the Court required by the order of this Court of the
third July ut, now motion Of H. W. Robinson,
solicitor for tie compainantsed order that injunction
issue the Act Of Congress approved the 18th
day OF May 1920 the bill Of complaint referred to,
training the United States Of America their Marshas
the conpainants their property, the warrant OF dis
in the complaint toned, any other warrant
Of distress by OF their alleged liability suretes
for Isaac " Fowler Deputy Pos master Of the city OF
New York, until the further order OF this Court
IMPORTANT TO IMPORTERS OF DIAMONDS.
NE rnied States Case Of Diamonds and
R,dies-Ihis case reported time ago, when
large amount OF diamonds and rubes forfeited
the United States. Bonds then entered by the i'm
poters TO the amount OF sl COO aud the property
withdrawn. motion recently made by the govern
compel tho stpulaorso their bond, aud
Ray the amount of the trust companies 10 the
credit of the United States. This morning counsel ao-
peaTcd 10 show why the order should not be
cutcd stated that 81 pulators about
petition the Secretary Of the Treasury for remission
OF the AR. j. T. Henry opposed the stay Of the
execution the ground that this was independent
remedy and that the application a. the Secretary shond
not be allowed To interfere with the proceedings before
this Court.
Judge Dets decided that the stpuators should nav Ia
the sll 900 for the benefit Of the United States
The decision OF the Secretary should be sd-
verse
The Court adjourned untIl this Wednesday, morning.