The national Republican., 1862-02-26


On Friday last, ~ writ Of hobeas corpus vas
issued by yiidee Aerrick, Of the circuit Court,
and wxs served on ,Monday, (thsi sntd Barney
not bong found bef0re,) commanding him To-
appear before the said ooult, and 70 prodses
Barney, ono Of whom tChsse) was forcibly
taken by said Barney, on Friday last, from the
custody OF Dr.. Lindsey, the guardian ap-
pointed BY the Orphans Court. =.
The csse was argued BY counsel on both
by the decision Of Judge Merrick, tho chill
dren we're remabded 10 tho custody Of the
guardian appointed by Judge Purcell. Of the
Orphan,s Court, the Judge stating that the law
the guardian Of the children (Dr. L.ndsley) had
been appointed BY court having compstsnt
jurisdiction in the premises, and that the ap.
peal taken BY the defendant old not stay pro.
ceedngs In the oase;. that the Orphans Court
had taken ample bonds and sureties for the full.
Toe Judge, in referring to the character Of
the guardian, paid high compliment to Judge
Purcell in his appointment Of DR.. Lindsey ~
the guardian o. s ne onehsn, .1as
charge Of the children and the estate, and that
tho appointment was binding until reversed.
A warrant issued by Justice johnson, ohars.
ing Barney with an assault on his son Chase,
was dismissed, .
On Friday last, Mr.. J. W. Do Kraft appeared
before Justice Clark and obtained \ United
States warrant against 8. q. Barney, charging
him with publishing and circulating pamphlet
containing false and slanderous charges against
himself, DR.. Harvey Lindsey, Judge Purcell,
Of the Orphans Court, and also against Dr.. L .
sureties on bis bond as guardian OF the chill.
dren of said Barney. Mr.. Barney was arrestt d
on Monday, and brought before Justice John.
son, at the City Hall, when the case was post.
that witnesses might be supmoned, tie defend.
ant giving bail In the sum Of 81, 900 to appear
At the time set forth, Mr.. Winder and the de.
fendanrs mother becoming his suretiss.
Yesterday morning, the parties appeared az
and witnesses, (some of whom wore absent !.
One Of tho witnesses, Nr. Jos. L. Pearson, who
was sworn, testified that the pamphlet lof
which he was shown copy, and which he
identined) was printed in the ofice Of Henry
Polkinhorn, at the request Of said Barney, and
that that he he !witnesss} es} was present when Barney
At this stste Of the proceedings Judge Pur-
| cell, who had been summoned rs witness
expressed himself greatly surprised that the
trial should have been hxed f1r the day and the
| hour upon which It WAS well understood that
| he was engaged with the business OF tie court
over which he presided, stating that fifty per.
for him In the court room, and urged post.
pOnement Of the case until to-day.
Mr.. Davidgs, counsel for Mr.. Barney, wished
| an immediate trial, but as he did not wish to
embarrass the business Of the Orphans Court
he would consent TO q postponement until to
morrow, It not being convenient for him Il
appear to-day, as was requested by Judge
Purcell.
Another warrant was served upon Mr.. Bar.
ney, charging him with making threats oi
violence towards Dr.. Lindsey. Upon this charge
he was held to bail in the sum OF three hundred
dollars to keep the peace.
The counsel for the parties are, for the de-
fendant, Messrs. Davidge and Windsr; for the
| United States, Messrs. Blunt and Fendxll.