New-York daily tribune., 1861-08-10
BROOKLYN ITEMS.

TIE BALTIMORE POLICE COnNIssIoyBRs-IHEih
CASE BEFORE JUDGE GARRISON OF THE CooSr'
| CouRr, ON A War OF HABEAs CORPUs.--Judge Gar
rison of the County Court of Kings County granted
writ of habeas corpus on the 9Th nst requiring Co''
| Burke the Commandant at Fort Hamilton, 70 Dnng
before him Messrs Charles Howard, VIM. H. Gstcheii'
| John G.. Davis, and %. ID. Kinks, VINO are now IN
custody of the United States Government at Fort La-
fayee. The parties formerly occupied the position OF
Police Commissioners in the City OF Baltimore and u
will be recollected lime since arrested oy
order of GeD. Banks, charges of treason. IDey
were imprisoned in Fort Mcfenry and thence trans.
ferred 10 Fort LAFAYETTE. The TO the writ OF
habes corpus was made re.urnable yesterday morning
before the Judge at Chambers. Lien.-CoL Lay, ana
Assistant United States District Attorney Wo9aiora
attended on behalf of the Government. Messrs Wood
aud Van Loon appeared for the prisoners. Inc fohow-
ing return was made to the writ. ,.,,
III deeply regret that, pending the present poiticai
troubles cannot comply with the request OK the hon'
judge BY authority Of Less4en; w"nss cnDnaSsn
The prisoners were not produced
Mr. Wood held that this was an nsumcieht return,
which did not comply with the ststfes Ire prisoners
should be produced and then he woud be prepared 70
argue as to their right TO be discharged lie asked ior
an attachment against Col. Burke.
Mr. Woodford read telegrapbic dispatch from Ies.
Scott diyectng tie return that should be made, as
above given and held that the fiTst duty OF military
officer was to obey his superior, and that tho superior
officer was the only one responsible. -
Mr.. Wood contenGed that this woad oounpIetey
nulify the power of the Court 10 enforce the wi as
Gen Scott was in Washington and out OF the luri:-
diction of this Court. Col Burke was citizen OF 'his
State, and as such amenable to the laws.
Judge Garrison held that the return was not sui-
fcient. The laws oversbadowed all officers OF inc
Government, Lleut.-Gen Scott whose palrosisni
they all appreciated. The right of the writ OF haoeas
corpus was not suspended in this State and While ne
had not single sympathy in common with these men
he WAS here TO enforce the law and u grant To al men
their rights under it. He suggested that soficient
answer might be made to the writ and the orders OF
Lient Gen Scott might be obeyed at the same time,
and he held that this shouli be done and then the
question would before the Court In the form de-
sired by counsel for Col. Burke. "A.
Mr.. Woodford agreed with his Honor, but did NOS
desre to take the responsibility without further con,
sultation. He asked that the be stloped until
Monday next which was sssebted To.
Mn Wood gave notice that be should hold any re.
turn Insufficient until the prisoners were produced.
HIGHWAY RoBBERY.-Between II and II o'clock
on Thursday night two boys named Ph ilp Gott snd
Christian Ziebstein aged respectively la and 10 years,
were attacked and robbed ia Conseyea street. Il. d.,
by an unknown man. The boys were returning home
from their work and each had eevefai dollars In hn
possession having that night received Their weeks
psy. Ziebstein, the eldest, was knocked down
and robbed of 81, and the other would
doubtless have been served the way, but
his cries for help attracted the attention Of some
citizens who came to his rescue. The robber then
led and succeeded in making bis escape, though pais
sued for some distance by several persohs.
rv,o.,ore Ass,rrr-Tgo members of tho 18th