Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-09-07
LATE LOCAL NEWS.

HABBAs CORPUS twill be recollected that the
case Of VIM. A. Northern, prisoner In the peni-
tertiary, who was brought before his Honor Judge
Merrick, of the Circuit Court last "Wednesday, on
writ Of habedS corpus, was postponed until to-
day, to enable the District Attorney TO procure
evidence. The prisoner WA brought into court
this morning bY the w arden Of the Penitentiary,
but Mr.. Darlington, the District Attorney, was
not present. The only material evidence adduced
was that Of Mr.. King, Warden Of the Penitentiary,
questioned, that he the prsonerC was tried before
the Circuit Court Of the United states for the State
Of Virginia. on the charge Of embezzling letters,
while he was ployed bv the United States Post
Office Department, and that he was convicted fer
that ofense, and sentenced TO ten years imprson-
msnt in the penitentiary Of the District Of Co
lumbia.
Mr.. Davis the prisoners counsel, moved that
the prisoner be discharged.
First, Because the Warden cannot produce a
COPY Of the commitment under seal.
Second, Because the records nor the papers on
file In the penitentiaTy, show no cause why he
should be there incsrcerated for any given length
of time.
Thirdly, That the act of Congress passed May
Sd. 1929, U. 5. stat at large, vol 4, page 365,
provides that desert ptlve list Of the names, ages
crimes, and sentencesof the convicts. shall be
kept by the Warden; and such description shall
be entered Immediately upon the reception Of
And, fourthly, That copy Of the commitment
under the seal Of the court which pronounced the
sentence, (if there was any pronounced ought 20
be on file In said penitentary, subject to examin-
alton
And whereas none Of the above requirements Of
the law have been complied with, we claim that
II 10 the duty Of the court TO discharge the pfs-
oner.
He alluded TO the state Of the country, which he
declared was crumbling 10 pieces, and TO our con-
dition, imprisoned In the Federal Capital, within
the sound Of the rebel guns. The warden ought
10 have discharged the prisoner Immediately; not
doing so, he waI liable 10: damages. He said 10
was the duty Of the U. 8. District Attorney TO be
here, and speaking Of the prisoners admissions,
made the rather extraordinary assertion that In
less than three years, yes, in less than twelve
months, hundreds Of citizens OF this District would
be glad to go to the penitentiary 70 be provided
for, and IL asked what they were there for, would
probably tell the warden they were sentenced for
twenty years.
The court decided that having judicial knowl-
edge OF the extraordinary state Of the country,
IL could not require the production Of primary
evidence, such as the certified commitment
Of the Circuit Court Of Virginia. The Prcsi-
dent having proclaimed non-intercourse with
Virginia, and the other Seeded States, u was
legal impossibillty to obtain such evidence,
therefore parole evidence must be admitted; and
no stronger secondary evidence could be presented
than the prisoners own admissions
The prisoner was therefore reminded 70 the
custody Of the warden Of the penitentisrY, 10 be
retained until discharged by due course Oflsw.