New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-04-15
Law INTELLIGENCE.
SUPERIOR COURT-CHAxBERs-APsIL la-Besors Jussies
HO.wOKrH.

| SUPERIOR COURT-CHAnBERs-APaILl 3.--Befors Jusdeo
| bO.wOErH.
| GEORGE MoUNTJOY SENT BACK TO JAIL.
TIE case of George Mountjoy came up for bearing
this morning. NJ. Anthon the Assistant Ds,ric-At-
torney put in return TO the writ Of babeas corns
the commitment made by Judge Ingraham, as Judge
| Of the Court of Oyer and Terminer.
Mr.. Brady moved FOR the discharge Of Mr.. Mounioy
| on the following grounds:
/ l. II did not sppear from the order Of commitments
/ hat the Court had jurisdiction of the person.
III. IL did not appear from the order OF commitment
that any matter proceeding pending before tho
Grand jury to which the question asked was pertinet
or material.
III II dl rot appear from the order Of commitment
that The Grabd jury were duly and legally
OF mpsuncled by any Court having any jurisdiction OF
any subject mfes 10 which the question proposed was
| pertinent material.
Mr. Brady claimed that the Court Of Oyer and
rTerniner was not Court Of general jurisdiction,
but created for special rurpose. The commitment
upon which tie prisoner was imprisoned y.sR
This paIer was nullity; not single tset was
stated lii il showing that Moun'joy Was smenable TO
the Grand Jury or tire Court of Oyer and Terminer.
II must have been shown that there a Grand Jury
duly organized and il should have been averred wnas
was the particular subject Of the inquiry. The ques-
ton put 20 Mr.. Moultjoy was in no wise applicable to
the sabect Of bribery and heooud not be completes
TO answer it.
Jncge B1sworth said the Grand Jury might, without
any Ier-on having been brought before them, make
onpaint and witnesses TO be subpenaed and ex-
anime into tie subject before them. Ii appeared n
tho commitment was authorized, tias there wse
Court OF Oyer and IerniDer Ia session, also q and
jury, par OF he Court, and this party was befors
ttem; The Question WIS propouna:d 70 nm, ani
whether il was.a proper IL subject which eoulf
not be nQu ell iato in tits proceeding. TIE Court o:
Oyer and reruiner decided that this was pertinent
and material question: and on tie refusal OF the W.T.
ness t. answer il adiudged bin guilty of contempt.
The Court had power TO punish the witness, and
whether il decided right wrong, this Court had no
night to inquire. The Court OF Over and TermineE
had jurisdiction OF the case and in it's wisdom decided
the Question put the witness 10 be legal and proper.
MT. Brady sail that the question nigJt have been
legaand proper, and yet the witness taight legally
and properly have refused To answer IL. There W .
nothing 20 show that the Court decided that il was
rro, or 10 answer the question
The Judge said that the commitment was valid, and
set forth the facts sufficiently. The remedy Of the
petitioner must be otherwi than by wit Of babeas
corpus. The writ must therefore be discharged. aud
II prisoner remanded TO custody.
Mr.. Mountjoy's counsel nov intend to arrly ~
Supreme Cour Judge for wrlt OF babeas corpus aAd
certlcali with view to another effort Cor the Tree"
dom ~ their client.
SUPREME coURT-c..NSSRs-aPRm 10 Before 'uh~
ana SrTHERLAND g,
Matter Of josephine NJ. savage, &c.-RePort cor
frrntd and order gren,ed. 49,. .. ID.
SPECIAL NOTICE. .-..r-o
While there is Judge here from another district,
the Chambers Motion Gale dsr win be called Oh
O'Clock N. in the CEea m fA'''
comm oF GENERAL sEssloNs-APEI l3-Befcre
- Recorder llOYFsAS , -
1Iorr, q Wilson was sent year 10 the Peniton-
-, I, = irye,v IN tie fourth degree-couDte einE
Ia.,d AeKahs two years 70 the se rfbon ios
r and ROGET Mckay seut two years and sx noatsA
- been the coricdrFlie snd lesder i, al /.
neons wel. made amer hi;h tbs Cont I'd ournse
until Monday
COURT CALENpAR-Tms DAY.
CoURr - APPEALs.--Nos. $40, AZ, 40, ~, 20, sis
tjSrTap STATES DISTRICT CoURr-Nos. II, AZ, A,
T. So H. =. -. ~.
SueREM doUnT-C IrcuIr.-Part Mos. Gu, ses,
oi7 80 ~ q sa OF w. g73 a0 e15 1884, SIS 36l
ash Per. INos as lsa "a az Ts 7ss'7o ~ 10.
7ys e0i 300 100. 1901 Jil, 10, su5, 5ti, iOi J -
SUPREME Counr-SPEciAL TrRs.-Noe. 2ss, 70,
as rs 80 2g7 29s. SOi S1, e4, ss ss. jos 5o as,
SUPERIOR CouKr-Part L-Nos. 1915, 1873, 16xy,
1891 I,u5 l7, 1909 I'll, 1853 ibss ST. 1873 IeI liza
lOsl INos 2lS, sOe, 80, 1915, sA, lze iS$A 49,
1890. 1880. 1884, 1lsc.
CouRr OF CoMNoy PLENs.--Tbe Trial Term uas
adjourned for the Terri. The General Tenn IA De " ss" -
euIi.g the Isuisiu1 e. VI this uolsn-