New-York daily tribune., 1861-08-30
SUPREME CoURT-CHAnBERs.-ArG. 2a-BefOre Justice
SUTHERLAND.


SUTHERLAND.
DECIsIONs.
joseph Moreau agt Severn f. Bowdon.-Bond sp-
proved.
In the matter Of the Mechanics Fire Insurance
Company.-Apphcation denied.
In the mater of james Hickey-CertiorsTi allowed.
In the matter Of the assignment OF David and Rob
ert Strratt.-Order granted.
Miles Chambers agt. Aston Roberts ct al.-Motion
granted.
Islaa b. Parker agt Charles l.. Warren ct al.-Sane
agt. Same.-Reports confirmed.
j. A. Maxwell agt VIM. A. Conger, &c.-Attsch-
ment cannot issue against two Of the defendants on
papers submitted
Zenas LOwery ag,. Nath. L. Cready.-Apphcation
denied 1.
THE TROUBLES col. LATsoS.
In the matter of Stephen ii. Spencer, minor enlist
ed in Col. Latson's Regiment Spencer discharged
the plea thai he minor, and had enlisted with
ont The of his parents The Colonel made no
further opposition, remarkng that the boy was " not
worth the trouble and might go giving up his Gov
ernment Clothes" which the Court ordered.
In the matter of the habeas corpus 10 discharge the
Colonel from the custody of the Sheriff, who held him
by virtue of order of arrest issued at su of Henry
Harrington the Judge further postponed the case until
Friday, at noon, complaint OF Fsrrington's counsel
of non-seryice Of papers by Latson's counsel.
NOT RESTRAINED OF HIS LIBERTY.
John Edward Drummond, member OF the LIST Fire
Zouave Regiment, appeared voluntarily, in compliance
with writ Of habeas corpus, issued at suit OF hls
mother, Maria Jane Drummond, No. l52 Dufted
street, Brooklyn who claimed that be was restrained
of his liberty by Col. Lozer. As the Zouave up
of hs accord and stated that he was at large and
indeed was living with his mother the Judge dis
missed the writ, the ground that there was no evil
denee that when the writ Issued the soldier was
estrained, but rather that he was in custody Of bis
mother, at whose instance the writ was issued.
INSUFFICIENT CAUSE OF COMMITMENT.
james Johnston was brought up on writ Of habeas
corpus, and his discharge demanded, on the ground
that he had been committed for trial by Justice Quack
a.,a apf lha sf-
6davit OH which he arrested was that of John
Leary policeman, who testified that on August rs, as
the ID Regiment Fire Zouaves was passing Fourth
avenue and Eighth street, George W. bowier and
James Johnston were pointed out to d a as pick
poe kets; they were with two others, who subsc-
quenly disappeared. When the regiment turned into
Broadway, Leary saw Fowler put his hand iato an
elderly gen,eman's pocket and something passed be-
tween him aud Johnston he arrested both, and they
were committed.
Wm j. Hone, for Johnston, contended that the COM
mitment was clearly insufficient, ths commitment
contained sverment that the Justice had reason
able provable cause TO commit or made any adJu-
dication; that the officers aidayit showed no orese
committed by Johnston is there proof OF parici-
patton or completely with Fowler.
The Judge discharged Johnston on the ground that
the commitment was insufficient.
THE M'sPEDos AND BAKER CASE AGAIN.
This was motion 10 the ott-told story OF the Of
McSpeion & Baker agt The Supervisors The Legis-
laure Of 1860 il may be remembered, put something
like 500 900 in the tax levy to be raised by the Super
visors .for lMcSpedon Baker and to be paid tnem
iion) for work done for the Record Commission. A ju
dcial investigation made by reie Of the Su-
preme Court who reported amount due, with inter-
est running over 500 Applications now made for
maudamus TO compel the Controller to pay the
reported due by the referee, and In which report udg
ment was given by the Court.
The Judge took the papers and reserved his decision