The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-07-27
A BRITISH SUBJECT HELD AS PRISONER
OF WAR
SUPREME coUhT--cnAMDERs.

SUPREME COUEI-CHAHBEHS,
Before Hon. Judge Leonard.
July 25--On application OF NJ. Charles Edwards yea
erday evening writ OF habcas corpus was granted.
dlrcotag Colonel smith, Commander at Fcit Columbus,
to produce the body o, Purcell MoQuilan who has been
sent On here from Washington prisoner of war and
u0nserfed by the orders Of the Dist tt Attorney
Governors Island The answer the writ this
morning stated that McQuiian hot In the fort nov
any way tbs command or control Of Colone
smith
J.dge Leonard held that the retdrn was caclon, and
he therefore dismissed the W IL.
UNITED srATAs DIsTaICp COURT.
B.ivge Hon. nudge shi.niin.
Tho parties thcn went before Judge Sappaa, l.. the
repnabe at twelve O'clock for the production of de
same prisoner
Mr. EDWARDS called for the return to the writ Of habeas
corpus in the c,se Of Purcell Nee llei.
Inc United states District Attorney informed the Court
that thesc was writ Of pabeas corpus granted by Iuge
Leonard yesterday, WHICH dismissed Ills iiug
The retain being miis b. Coicne smith, tbs connal5or
Of the fort 10 tho effect C,i the nQt nis
toGy The return to THIS Court is prccsoy tho Same.
MT. Edwards procoo.ed 70 concnd th.s tho rotaf.
evasvcelnl ins' nccrt ,a slngch ae thai Colonel SIN N
merely states h.t 5ic.ne aus cot then Ia his cusOiy.
he should also have sites. That Inc IN his
toay He (Mr fAwa.ds) felt deep interest III TINS
This man had betn buuEht Oh from Washnft'n to Now
York, rst pen ing an examination b3 wgs Spirited away
aad set from fort TO fort, He wond rood te petition to
show that tho ans vor 10 the writ was VAGUE
III petition OF Charles Edwards, Of It's city Of New
Yotk, coLnssiu At law, shows tint Paloi Mt4uan is
now prisoner at Fort 0oiunsue, Governors Island, in
tho port o; New York. ana within the JURISDICTION vi s
court; that he is there confined prsoIur, under
or by color OF The authority OF the Uated statos
but stl he is unl.wflliy SO held. 1aat nc (Puca
McQian) s not and las not been in the regular army Of
the United States u Amer tea has he been ssncaced
10y any court martial nor u he anonabe to auy cou ina.
ii nor has he hal any trial nor is be 50 prisoner IN.
der any acton, indictment OF procegiing IN apy state
court nor y he so prisoner from having committed any
contempt Of any court Nor is 1t beevcs that h. Is
committed detained by virtue Of any process issued by
any court o tho United States by any Judge thereof
nor is be committed or detain9d Wy virtue Of the linai
Jqgln nj OF decree :" any competent tribunal Of cv o
criminal jurisdiction That The precDcc Of such
Imprisonment, according 10 tns bs 81 Tho knowledge and
belief of yo.r petitioner, Is the idea tal LIZ, the si Pur
cell McQnhan, owed ALL glance ITO the Usited States AID
owing allegiance, has done spue ACT against the United
States which has made him nabl5 10 IFS civil courts
whereas yo0r petitioner says that Purcell McQulau is not
of the United States bat e Bfitis subject and
has never taken gu, papers 10 become n citizen Of
the United States, does allegiance thereto
sud also that lie has not made himself SO anenablc That
oven he has yet be would be entitled to be- examined
such charge and brought to New York nrons, under
order to the Marshal for the Southern disric; of
United St1tes Commissioner, on or about The 9th
day OF July, 1861, Issued n warrant against
Purcell McQu!nn on some general charge Of lovy
ing war and under which he held, and also
liked a day. now past, for bis examination before him.
yet no snoa examination was over had and the said
sclders FROM what IS known the Tomhs prison in New
York fwhee and while no held under the sad
o aa% srs H to to Flor SSqs Gy ssr
thare, who, dcponont believes IS G. T. Smith with
out having had hearing trial, ard wrougfuly i'm !.
prisoacd wherefore OUR petitioner prayg that writ OF
habcas corpus issue directed TO tho commanding officer
Of Fort Columbus aforesaid, whatever be his nde'
him 10 produce the body a the sa6 Purcell
Mcl.iiian.
The judge inquired &c Fir Ewerds r. among his mega
live allegations, he dcusd that The was prisoner Of
war.
Mr. Edwards show that he is British subject, and
dot not allegiance 10 the United States
The Judge decreed that tho return insufficient. Is
therefore, ordered to be ale-ldst returned
with the amendments IN the morning at hell past eleven
O'Clock
july 25--The anded return 10 the writ was put in.
Cclcne smith states that aicQuiiau not In bis
toby at the time the Efit served that he had loon
transferred to Fort Lafayette, snd mad power to pro-
duco the body in'cosrt.
Altar some bref remarks from counsel tho Judge do
cGcd tlat tie return sufficient, and discharged tho
writ.
o. the sup cs.ou Of ar EDWARDS the Judge granted
ne II writ 81 hasfas corpus u the ComnadeF At Fort
Ia hYjtts 10 produce tue body OF McQiin ca Monday
ufx(