The New York herald., 1863-08-18
The Homicide or the Late Col. O'Brien,-
The Law I'm Relation co the EnIist
mens Or Minors.

The Homic1de or the Late Col. O'Brien-
The Law I'm Relation co the EnIist-
mens Or Minors.
SUPREME COURT-CHAMBERs.
Before Judge Peckhsm &
AusUsr l7.-At the sitting OF the Court yesterday
morning Henry Tlton brought before the bench %
writ Of habeas corpus and csrtiorar. From the sworn
testimony before Justice Kelly Of Maria Matthew'S
which submitted the Court by Mr.. Garom Assist
ant District Attorney behalf Of the people appears
that Tilton kick Colo orisn in the sds
when ho had been pros,rated tho ground and that
subsequently the said accused emerging from
Colonel O'Brieps house with trunk on his shoulder
The prisoner had been held 10 bail by Justice Kelly in
the OF two thousand dollars and hts counsel made
WAS Of very great hardship to detsn under
such circumstances particularly AZ the woman who oc,
cused him had admitted that she had had quarrel With
him and that induced her 10 make tho complaint Coun
sci alH0 contended that the commitment Irregular
After some argument between the prisoners counsel
and the Assistant district Attorney tho Judge decided
demiss tho writ and remand the prisousr until new
commitment shall be made out
s-1 MINORS DISCHARGED.
The cases Of Henry Rikor and Patrick Graham, who
were produced before the Court by habcas
pus next called n.y. These youths had been enlisted
In oo1s D 9a.s and sns, discharge
Colonel Byrne said that he would have produced the
boys but that they were not Under hs coalol
The boy Rker had told the recruiting officer that he was
eighteen years old
The parents Of both boys prssent and swors that
Judge peck haru said Il was his Intention to deal court
eously and kindly with the military department, but At
the same time the dignity OF the law should be vind
cAted The former anawer was not snfceuty afac
tory supposed that Colonel Byrns was ignos ant
Of the responsibility which he had incurred
Colonel Byrne replied that be perfectly aware OF
his responsibility He had tried " bring the boys INTO
eourt but regular officer Id the camp would not give
them up He hoped the Jddge .oald reserve hts decision
until abe Secretary Of War could be heard from In rea
ton 70 the matter.
The Judge replied that, although he paid all duo de-
ference supreme Of United States and
The secretary var yet, far that court was con
cerned the majesty of the Law should be vindcased lie
should therefore decide that the boys snould be given
up their pasen,s tsr Returning the unorms they
had received 20 tee proper Authorities q.
Jersey city News. Eli
AIsEp Auxpn ~ WOMAN Hxz BnDnxS.-A MAJ
named John hAoy, rsaidiug New Durham, was yss
tsrdAy committed to thu county jail by Justice Pops
Of Hobeken. charge Of having caused the death Of BIZ
sister. wife Of Patrick Rally, by violence Msy iass
Il appears that on Friday last Msfoy bad Difficulty with
Rally and man named Hul, both Of whom he threat
eusd 70 shoos aad thrsa,encd the house
of Vie assr For shs he aYesssd saturday night
bail snsssSsssssy ~. Sssscs rscsvsd issims,ss y
foul play and procesied 10 nves.,ssss me matter I.
ppss .s Ia,s ~ ", iss s sn ;:'s. n:s sss
down and then kicked his tho cbsst :snsoh
causing internal hemorrhase, which resulted death
ceased . who aiended her but for come fsasou
IL never became public until tho present tiaas. kaloy
win BE- held " await the action Of the Grssd Jury.
AiLrosp KDsAYrisa--A man names James shadbolt
residing 10 Washington. q. C.. was arrested i. Jersey
city Yesterday afisrnoos, charged with Abdusllsg hs
wifes child fron New York for The purpose tax nx II
10 Warrington. rhe parties had lived together re-
gently and the husband alleges that she eadns
proper life. The sxamioston wili take place 70 day
DsoovxRy ov TxEAsrHs-on saturday Aferpoco, a
soms l~borsrs dernolshins old stone hsu.s N
Hudson City, erected in Revolutionary tnes they came
boz screted under the hearth containing some
s. 600 silver and gold ~ ancient data. Tho sfAf
created quite an exci, ssnsut