Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, 1861-10-29
ARREST OF JUDGE NERRIOK, OF TIE o. 8. CIR.
CUT COURT AT WASHINGTON.

CUT COURT AT WASHINGTON.
Northern pspers report the arrest Of Judge herrick,
ore of the Judges of the United States Circuit Court
Washington. Il s arrest grew GU. Of hi, Issuing writ
habsas corpus, atho President having suspended fad
writ IS part OF his military programme. The Wath.
ington correspondent Of the BAimore Gun writes Of
IL:
On the bench Of the Circuit Court to-day there were
Wy Judges D1nlop and Morsell present. the other
Judge, M. herrick, being absent Passing arou
ir the room couple Of iqiares into street,
sentry OF the regular army could be seen waking up
aid dosI before OF handsome OF residences
on the South side Of street. between Sixth and Srv.
rnh TIE house thus guar the residei OF Judge
Nerrick before which sentres were first placed about
i've o'clock las; evebiag What the sps cia chsrac
Of tho offence in this case had not definitely tr,us
prsd until the msalg Of the court this morning, when
communication was received J his colleagues on the
nch from Judge Nerrick. as fellows;
o. Saturday, the 10 Of October, 1861 Mr. FeleV,
lawyer OF h CITY caad upon me With pc tioa sup
sord by sfdayiI in proper form, praying hr writ OF
habtas corpus to the provost marshal rqur pg him to
before the undersigned one JJhn kurpby who,
|; Is alleged vas minor, glder tho age OF ~ years
and illegally detain by said provost marshal
listed soldier OF the United Siaes TIE order civ
es by me 10 lhe clek who issued the writ in the usual
form was informed by Mr. Foley, on the afternoon
OF Sturdy, tha o. reason OF the many engag msns OF
tie deputy marshal OF the strict OF COLUMBIA, be him
al OK tho writ aud served IT, as by law be rghtfuily
might do upon the provost marshal, General Andrew
POrier-,ha when he delivered the writ to the provost
he was told that he would consult the Secretary
Il h he said the Secretary Of State whether be shcua
res the wr. no-.hst he, Mr.. r. mus. consider
Diusef under arrest, but Tor the present might 60 N
large rs upon bis parole
Later in tho afternoon Mr. Foley again called a. my
house with one or two other psrsous one think u,s
presented the elder brohtr or relative OF
be boy Murphy-snd desired to know whether be was
uow TO consider the boy finally scharged and stb.
cry to return boae 10 his freuds, nasmuCh s be had
then ben dism sed from the guard room. declined
make any suggestions him in the premises and told
him that whatever did in the matter must be doie
iudcitIy and aer facts had beea spread before me up
| on sffd.,s and the appropriate notion IL any. uaoe
thereon snd that 40 the court would meet on Aonoey
morning. October 81 In regular term, should adjourn
all proceedings under the vii; until court for the advice
AID action of the whole He stated that be would
reduce al the facts to writing, make affidavit aud dc
them, fov that he expected to DO arrested hs then
III h6f-wr --
On Monday morning jos. before the mseiDg Of Sor-t,
went into the clsrk ofce and asked Charles hcNa-
uee the deputy clerk Il Mr. Policy had filed any aida.
Wit Ia the case BE examined the papers and reported
there was Zone. then directed him 10 endorse upon
papers that they BY ny order adjourned unto the
court for ! furtisr ae.l,n After tho adouInm ut
Of the court was informed BY member Of tho bsr
hat about eleven O'Clock that morning. Mr. Foley had
been arrested placed in the guard house by order oil
the provost MARSHAL ard be tput Haced BIS purpose to
apply for bis release told him that whatever arpca
ton be bad 70 make must be In writing and upon proper
sdavits and that - the whole court in regular
session. be me ke to the court 10 full sitting, and
he with drew TO confer With some Of bis bro her lawyers
pon bic caursr. After dinner / vsied my bro
Judge In Gso1etosn, and, Ie'u ling home, bauttn
halt PISS. seven and eight o'clock found srmed
ire satored at my door BY order Of the provost ma,
shal
learned thai this guard bad been placed at my door
IS early 70 Ave occck Armed senties from that time
continuously unt new hsve been atatioped in front Of
NV house Thus is app,ars tia, the military oficr |
seanst whom writ in the appointed form of Law has
ssucd fst rhreatered with arc afterwards arrested ard
ed the attorney who Tghtuly eerved the writ
upon him. BE contriyed and III tontnues in contempt
and disregard Of the mandate of the sw, and has gpo
mniou.ly placed armed guard TO insult and ntimi
aa.o y is presence the adge who ordered the writ TO
issue and s keeps up this armed array bis door, IN
of the l'tice CT the land. Under these circum-
stances respectfully request the Chief Justice Of the
Circuit Court TO hi. memorandum to be read In
open court show the reason for my absence from my
pce upou The beech, and tbs, be will this psper
be entered at length on the minuus Of the Court
alongside the record Of absence show h ough all
tine why do not, this 22i day Of ocober 1861, ap
Fsar in Hay accustomed place. , ,,,,
Assistsr. Judge 0ircui. Court, D. O.
The LITTER bavlus been read tie Chef Judge Dulsp
announced thai with the COUSIN, Of bis brother judy
Horssl, the des,ro Of Judge Merck that Ii be fled
sopli be complied With. Toe writ Of haJsas sorpw |
having been Pespl,rs su'd they REGARDED the cas-, 20
nov before the court for trial. und It's progress haTng
been obsruo,ed the court must sppy the lawful remedy
l. woulj therefore. order rule to be seryed on Cane
ssi Andrew 7. r,er TO show Why an attschmsnt
foT contempt OF court should issue sglinst him.
The venrrable Judge horst also neaged in s1ne ie
MARKS indie ting bic vie~ Of the natter az one OF ob
struc,iob to the sdnnisraon Of as'ice eabarrasslrg
to Judge Aerck and preventing his appssrrc IL cou
because be issued writ Iss such the Law rsqure-