The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-04-18
THE OYSTER sLOOP MYSTERY,
The Mysterious Murders on Beard the
sIo0P X. A. JOhnsoh-rhe Prisoner
Puts In u Special Plea Against the Ju-
1isdictj0M OF the Count.
JNI1ED STATES CIRCUIT COURT.
Before Hon. Judge Hall.

1isdiotjon OF the Count.
UNIqED STATES CIRCUIT COURT.
Before Hon. Judge Hail.
ArRI i7-7he United States U.s. llJert W. Htcks alias
Halham Johnsow.-7his morning the prisoner was put
forward to plead He maintained the sto,cism
which supported him through the examination before
the Commissioner He sometimes looks inquringly at
the counsel who took part in the proceedings
lr. Graves said that before the prisoner put in plea
to The Indictment he (couDse would ask for of
haoess corpus In order 70 rase the question Of urisc
ou which they prepared to contend this Court did
not pssess They thought this the easiest way to try
the question 81 guilt, and IL rs decided against the pr
soper 10 ba,m can be done 10 the prosecution.
Ex3uoge Roosevelt, United States District Attorney,
and McesIs Hunt and Dwight, assetants appeared for
the prosecution to resist the application and commended
that the prisoner should plead TO the indictment
The Court remarked that there any question Of
Law might presented statement Of facts 10 the
controversy. The Indictment, probably, contains alleys.
lions which give the Court ursdiet01 and would
scfe This might be put in issue aud the question go to
the jury.
TIE Court directed the prisoners counsel to read the
petition and affidavit
MIR. Graves then read the following
Tone Hon ne ci.e. Court cfd Tinted States for he South
I R , Hs Is r. " s.'snS s s, S C cs.s vi
Ian, Josnson humby thosc TO ibis Court hat he nov
sr
10 bring him. with he Of bis before said
court end A' "1s isss
New York, April Il, 1850
To this were appended the affidavit and draft Of writ
| of babeas corpus.
Mr. Graves said he thought It his duty while denying
the guilt OF the prisoner, to mako this application.
has put In plea of come kind
The Court said it may technically be unnecessary for
the prisoner TO be compelled to put plea at the pro-
The District Attorney rad that nothing was stated in
the affidavit Of the prisoner except that no unlsw
fully held, and that the prisoner claims to be sole
Judge OF tie and the facts The Grand Jury had on
Their oaths, indicted the prisoner and he here to
plead
Mr. Graves submitted that they were not concluded by
the Ddctmen They desired to raise the question Of urs
dcuon the prisoner had been arrested in another Dis
Iict
The Court said If there dispute to the facts,
there might DE difference Of opinion between the judges
and the case be finally carried to the Supreme Court Of
Nj. Graves Their put in the following special Plea
Albert W. Hicks otherwise called William Johnson says
ne
.sn On thu s!h Of March Gliding q the he
ara ne rs. circuit Of M United state. Amsri;s which
fences he
Sse % N tbs and ds %
tis court.
The Dstri,t Attorney said tina. the prosecution were
prepared to TO trial. aud should contend thai this
the district where the prisoner was a2prehcnded, and
that the indictment WAS drawn in the words Of the
eatu G.
Judge Hall said that as this was a capital case :he
Court you'd proceed with great caution.
The replication put in BY the District attorney is
follows
his beh ii. ha. he said United States ought
+ san tSss ssa Hsl " hsls s.ilss We
s:sss .s 80 A. ps A.
=. .. q he 1nS as d apS @
pray may be inquired Of b. the Country.
Mr. Graves claimed that the prisoner had been arrested
IN the City Of Providence, Rhode Island and not in this
! Mr. Dwight gave history Of the case and said that
when the msn was arrested In Rhode Island by officer
Niyens and Dir smith, he asked whether he would
consent to come 10 Jew York prefer remaining in
Jail until reqniicn waa obtained, and he (prsoner)
only expressed hs willingness to como With Mr. Nj
vens at once, but he sgned aparer to effect He
was subsequently arrested BY the uuited States Marshal
and again arrested by o,er Oh the 2sth on war
rant for robbery on the high
Judge Han ssd under oil thoae circumstance and as
the CAGE is likely to present some complication, sill let
the matter stand until the morng, a! ten O'Clock
Inc ba ov ia u o ali %
stated by Mr.. Dwight The prisoner has been arrested
On the bogus charge 81 passing counterfeit money; he
arrested that charge, and brought away under
the suspicion that that the charge against him. aud
after be brought here he informed what the raa
charge wes That would present another very interest
ing inquiry before the Court and jury The prisoner
informed at the station house Of the charge brought
against him.
/ Judge Hsn-Had the officer who arrested him any
/ warrant
Mr.. Hunt said he had not
J Mt DwGht-And 10 warrant was used until Hicks had
voluntarily returned to this city
District Attorney Roosevelt-They had authority at
AL; they arrested him at their own peril.
Mr.. D~ight-One OF them not police officer; he
| vas reporter o. one Of the daily papers
! Judge Rcosevelt-It is important that your Honor
thouid oVeet youI cell OF apprehension which arises
IN me use Of the language employ herc the word Car
res used as understand IL, in this case, and that is
NJ NOT "A. tha~o M
arrest whatever Of Rhode Island IL was az IL John Doe
csme up and took him by the arm and he voluntarily
came eiong, we want 10 get at the real question
must drop that word arrest
Judge Hail-Perhaps the better way Cor you TO do
would 30 TO agree precisely upon he facts 10 have
q special verdict if they please.
Judge Roosevelt-A question may arise whether that
taking and appTeheDoing within the meaning OF tina
| act of Congress That, after all, was the main facI
Tho matter then adjourned until this wednesday,
| morning ut ten O'Clock.