The New York herald., 1863-07-13
'esloMeRS
CASE OF TINE BALTIMORE POLICE COMM. ''0"s"''

IhoE w IHc bAL FUlWe CuMWls
The Writ or fAttachmcnt Against ColoA>
Burke-shsriH Campben Fails 20 Exc
/ cute It-His ReasOns lherefOr-Applt-
cation for His Removal from Omce-The
| Charges Against Him-Governor sey-
mour Promises Immediate Action In the
! Premises, &c., DC. ff -'HrysT -
Another step has been taken by tho counsel In the mat
tor Of the Baltimore Police Commissioners Tho Sheriff OF
Kings county having certified that he unable to
the writ OF attachment ssnedby the County Judge against
Colonel Burke (or dsobedionee to writ o. habeas cor
pus) the counsel for the political prisoners have now
arrealsd 70 Governor Seymour remove tho Sheriff.
they take the ground u ia understood tnat the sheriff
can ha 70 sufficient military force f he chooses 10 oali
for it. to fGa se anu 70 ,"s
tingenoy as srcoessful resistance 70 it's authority
Tue CHARGES .gsa:, the SHERIFF & aay VERIFIED pro
this CITY, Friday, 10sh inst The Governor took the,
and promised an early action upon them II Is cont
IDENTIFY believed by the coupanants that the Kings county
Sheriff will be removed, and new one appointed, who
viii call 70 his aid all the military power Of the state
the effort TO enforce It's laws The following the
charges against Sheriff Campbell the hands OF tho
Ngw YoRK CIR, July 10, 1888.
To HIS ExcxrLrscr THE GOVERNOR STATE or Nsw
The Undersigned citizen of the city and State of New
York. presents charges against Anthony y. Campbell,
Sheriff Of the county OF Kings, and shows " your Excel
Fira Tha. by the law Of the state Of New York rs
expressly directed that "every sheriff 10 whom any pro-
cess shall DO delivered shall execute tho same according
to the command thereof and shs make dus return OF his
proceedings ths con-" (R. sat 9th ed vol h, p I39,
sscond That certain wri. OF attachment. the fol
lowing words and figures was allowed signed and sealed
by tbs Honorable Samuel Garrison. County Judge Of the
county OF Kings and by N. Stearns, County Clerk Of
said county and scaled seal OF said county and
delivered 70 the said sheriff on the 7.h day OF July in
stant aThe Pc pie or the State OF New York 10
the Sheriff Of the county Of Kings.
We command you, before commanded you, forth.
with to apprehend and attach Colonel Martin Burke, Of
Fort Hamilton, in the said county Of Kings and to bricg
him Immediately before our County Judge Of the said
lty Hall in the city q Brooklyn, to answer for his
tempt not obcyng certain writ Of haheas corpus 10
Aernon r. Wood, and have you then there this writ Of
attachment.
OF said county OF Kings, at the City Hall. In the
said city Of Brooklyn. this seventh day Of July. 1868
SAMUEL GASRl. ON. Kings County Judge.
j. N. sTEARNs, Clerk
JonN c. VAN Loon, Attorney for Relator
Bro klyn SAMUEL GARRISON Kings County Judge
7hird-That the said place named Fort Hamlton IN the
county OF kings where the said Martin Burke was aud s
upon OF land, the jurisdiction
which ceded to the United States OF America by
act Of the Legislature Of the state Of New York. for tho
erection fortihcatons the said tract, aud and by
such act OF ccssion II expressly provided that
",hc jurisdictt ceded should prevent tho
ton on said tract Of any process civil OF criminal under
the OF this state except far forth any such
may ccc. the real and personal property of the
Havth-That tho said sheriff dtf not obey, execute
serve attempt TO the said writ Of attachment
upon Martin Bu-ke therein named, apprehend or At
tsch the said Burke, bring him before said County
Judge make return Of his proceedings thereon;
but instead Thereof made endorsed upon the
the following which he caused TO be filed with the said
within writ Of attachment that am unable TO arrest The
within named Col. Martin Burke within commanded,
and Hamilton and in Fort Hamilton. have
deavored TO obtain entrance and access To Fort hamilton
which Ia held and esrrsoned by armed troops of
M yvg
taken entrance effected without the aid OF large
force troops wn m Ky o Ss s -
mand oi Fort Hamilton. that they wero prepared TO re-
sst any attack on the fort or any attempt urcn my part
the body OF Colonel Burke within named who n
commandnnt Of the forts And further return that the
whole militia force OF Kings county 10 cept the sevcnteth
regiment) n in the service OF the United States In
thSelae Pennsylvania aud out Of the county OF Kings,
and that the said eventish regiment, as am informed
under marching ORDERS and subject control and
have force arms within under my control sui
c'en' for the p1 rpose o. executing the within wrt
BROOKLYN, July 0, 1858; Sheriff OF Kings county.
FiM-Tnat the said sheriff did not act under the fol
loving provisions OF the Revised Statutes, as was his
duty have done"w henever shorn or other public
shall aud or have reason 10 apprehend that
will be made 70 tho execution OF such he shall be
ty or as many as be shall think proper and with such
arms he shall direct and any military company or
companies In said county %med and eqrppeo 70 rsss, -
seng arrestng and combining the ressers their aders
and abetors, to DO dealt with according 70 law. R
81 9th ed VOL 3, y. TAO, lo1.) Nor did he make ap
pcaton 10 the Governor under the following provi-
| sion-.s On the application OF tho sheriff. under
sheriff district attorney Of any county Of this State
with the assent Of majority the judges Of the county
courts Of SAID county, the Governor may, if In hts
opinion shall he necessary and proper, authorize such
sheriff, under sheriff. district attorney, or some deputy
sheriff contract with and organize guard for the pro-
teciion OF any jail prison said county arrest,
detan have In safe keeping any person persons
10 enforce any process Judgment or decree OF any
courtr-RS 9Th ed, vol. l. p. 7s5, sec ~. Nor did
he cali for aid under the following provisions of
Of breach q the peace tumut riot or resistance
process of this state apprehension Of mmiu cot dan
Of the same shall be lawful for the sheriff OF any
county the mayor Of city to call for aid from any
division brigade regiment. battalion or company and
shall DO the ~ Of the commanding officers u such dvi
| sion, brigade, regiment, battalion or company, when
such order given To order out Ia aid OF the oN anio
rites the military force, or any part thereof der his
| command laws u 1902, sec t2s1, ? $40
Wherefore the undersigned that the Governc VIII
exercise the Of removal of the Sberfn given him
by the constitution of this state, viz:'Ibe Governor
may any officer In this section mentioned includ
ing sner within the term for which he shall bave been
elected giving 10 such officer copy Of the CHARGES
against him. opportunity Of being heard in his
fcnce CONSTITUTION OF the state of New York, article
10, section H. And he asks that Anthony y. Campbel,
Office such Sheriff. and that 1t person who
eligible 10 that Office BE- appointed 10 m the vacancy and
the duties OF such Office until II shall he supplied
by an election" (R :. 5th ed, vol. sec 80, p. 415)
/ All Of which is respectfully submitted
| C,ty and County Of Yes Y~s. s-John c. Van Loon,
the complainant above named being duly sworn dcpoees
and that he has read the foregoing charges against
sheriff OF Kings county, and that the true
Of his knoxIedgc except 10 these matters which
therein stated 90 be UPON Information and belief and that
rs to those matters hc believes them 70 be true
Sworn 10 before me this tenth day q July. 1888.
| w. ~. PARSONS, Notary Public.