The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-05-29


TO PosrPoSB ON THE PART OF PRISONERS CoUS-
Sci DENIED, ETC.
rNrnp STATES CIRCUIT oorRr.
Before H,n. Judges Nelson and Smalley.
MAY rs In tho Aaeer of Albert W. HiJs. alias WA
sk.ssn cosrscted Of Pracy-The Argument on the mo.
nsn in ares: Judgment st down for this morning
The court room and passages denscy crowded BY
people anxious 10 this most eItraordnar euPr's
The prisoner was brought court handcuied by De-
pr.y s.rshai DsAnse The prisoner seem,
sts more depressed than heretofore and appears per
fstiy hsess.
Mr. Dwight Assistant District Attorney, stated that In
tie c,se Of Hicks II had been inmated that Jajgs Nesoa
would hear the argument in connection with Judge
ur ss Nelson said that the motion would bs heard after
enc NO pending before the Court
Nj ssys ssi that his associate counsel for the prison
Or had not arrived in town. and he asked for pcss-
pcne nent Of the motion until morning Mr. Graves was
prepared 70 argue certain points, but he ar syiss) was
uose Ne con sad that unless the motion Was made
he woua not DO able TO hear as he was engaged for
e remainder of this week with causes already specially
JusSe smaey sail that he desired Judge Nelson rh,nd
hear inc molten .sh himself be .ers s''uas aone ne
mad t,ce sccomnso isted BY tue Ooar ana
this no',cp must proceed.
be taken u2 when tho motion nov pending ilnis rubber
Eat) was conolrcsd.
Al abou. one O'Clock tho aygumsn. snoed for
Mr. ssyles the motion IN arrest " Judgment In course
c sh,ch he submitted The ooio n toe elect thxt the Ia
dt,men was nsufccns ~ . Oh not charge thai tas Of
fescs committed sout OF the JURISDICTION ofney par
ealS STATE, does sliegc that the offence WA com
Fx Jcsse Rooseevea rul,cd States District Attorney,
repea The part c.ae hst this case came
before the court not UPON the pssdnss but upon YER
dcs Of III. jury establishing form the crime O. piracy,
snd, in fact, three Of the most atroci,us murees ever
committed this country. He sad 30 much, nrcsdss be
had rsht say under this verdtct, and oscanss
would justay be prosecution In yielding nothing 70 the
present. motion, and 70 call upon inc court 70 regard
no~ made rould be, as he concciyed ~ TO re1d
ns statute nssif-,ne only part teAt be~s upon
ns qaesuSD0 -, 70 ,,o- read '1o mai''1aSa''
Jease Nelson askei under what statats was The In
ointment brought
the Dsrlcs attorney repSd ths he was relding rom
IN set Of Msy 1872 SECTION third 40 thoud say psrhAs
before reading the ac einouga he id not see tns' tho
poBt Dad been proceed here mat ~ the prose
W. h nls .cy on zoe bgh within thar owa
,ss.t =, nu, hey have general 20 yer on regulating
esu~-re rot only VIII iores" o,.n' o. pi ~, zen ~
80 dis IN lsctn.ent was performed
<t.cIco ~ nc was permitted 20 20 INTO
occaslon) IA the cooisc OF voyage,
yOsk ~ the port 81 Norfolk, Ia Vr-
.A,re, q case OF com pcrco be,gsen the
Isl over which Congress mad
<nlaelsec, OF dong every thing within
N, regulating c3nme-ce.' Con-
bad the power no mater az what
,ylse began, ana no n iisE al what
the pot. Of dcsLoa-o1 mis-
=. United; hoy had jurste.on
70 setuise e0lnn1Tcs In this psrtisnla- cass
lnssron OF Jurisdiction, add Gso cont aled that
s-Its In The indici neat were god and slc.eat 10
a0ld the prisoner. IN con,lu'ng be r5il thai his az
ssssni, Mr. Dwight, had o-sd MA attention 10 decision
sgnst Tlrlong In whic the fIuith poot WA nar -
ta ohjec,ion raised In the present motion.
Mr.. ssyles replied.
Judge smaliey announced that the Court would give
~ decision ON Wednesday next.