New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-05-04

which your Honor has there was made out IN advance
If your Honor viii allow me to look at IT, ZINE commit
ment was handed TO Mr.. Dean.J Here is paper made
out IN one handwriting, with blank lett ana the bane
Of William Fullerton inserted in different hama en-
trey. do not know that that has any relation 10 a
certain argument made in Brooklyn about three weeks
ago in relation TO the Laurence estate, but 90 Know
that the statement in The Post last night thet Mr. hu'
lerton said that he would break up the concern, is
pure invention, for no such thing occurred.
Mr. SMIIH-lf this fact is In position TO De tred we
are ready TO try it,
Mr. DEAs-f say that that is in different hand writ
ing and the name Of VIM. Fullerton has been inserted
afterward. Nj. Dean continued his elementary read
| ings from C0wan. He looked in vain here Tor any
record Of conviction or any mention OF any order OF the
Surrogate, except this paper. Can 1t be possible ne
asked, that when revolution in the public mind was
produced upon this question OF arbitrary arrests
the Surrogate of NewYork set up that he can DO
il against party outside Of his Court out of bis urs-
dicion. and giving him opportunity to answer that
is ts Now, your Honor please, this IS not pro
cess The statute is clear upon that subject 1t says
that all Wrts and process shall be IN the
name Of the people Of this State, except when
otherwise provided by law There IS then a
provision that the process in the Surrogates Court
shall conform b. the practice in other Courts. why
the mcanest citation that the Surrogate issues Tor
party 10 appear there for an heir next Of kin for any one
a. come there Is in the name OF the people OF the state
Of New York. and yet this paper reads by Gideon d.
Tucker Surrogate" The people Of the State OF New
York ignored, the statute is disregarded or IN
known probably the latter and that though the printed
forms used in the office are In the name OF the people
They issued because they soprnted but when
tLey to write one IL is written in the name OF Gid
con j. Tucker instead of the people. Now do not be
cye thet the people OF the State OF Newly ork are repre-
scented rs the Surrogate OF the City and County Of New
York alone think means something when the starte
says that the process in order 10 carry the authority
Of the Court should be in the name of the people and
il is arrest him it must be in the name OF the people
There is positive statute upon the subject aud yet
this paper begins by Gideon j. Tucker
Surrogate. Now, II your Honor please, j want
to come down to the form of this paper and the alleged
contempt 20 show that the gentlemen who prepared
this innocent Of any knowledge either OF common
law tbs -atnte; and the argument this morning has
shown that instead Of referring 10 the power u inc
Surrogate to commit for contempt they begin by rcer
ring 10 the powers OF Courts Of Record, among when
the Surrogatc's Court Is not mentioned On the con
trary, it figures in the Revised Statutes Ml0ng the
Courts If peculiar and limited jurisdictions and yet We
have been enlightened this morning by hearing TINS
commitment made under Article l. OF the provisions
concerning Courts Of Record But for what can Suro
gates commit Dayton on SHrrogates would nave tou
them that, citing tie statute Mr. Dean read the law
previously cited by Mr.. Van Loon. They do not rece
anything instead Of that they have had before them
this Cour. OF Record statute. and their commitment
las been written from that. They might as
well have it uuder the Nagrant act. or petty
larceny OF any of those little Offenses The commit
ment your Honor charges distinctly the ouensc
for which q Court Of Record may commit. The Surro-
gates Court is not court Of general jurisdiction He
has no officers. other courts hayc. He has no
Sheriff thst be call upon but in order TO place him
beyond the reach Of Interference while in the exercise
OF his Judicial duties, he has the power to punish; but
hat cofers no power to proceed under those broad
provisions OF the statute which are only applicable e.
courts OF general jurisdiction. They have proceeded
under the wrong statute. think It Eiu be inc last
conml.tal Of this Kind issuing from the Surrogates OF
ice
Mr. S,nrH-Ihat is not argument.
The CoUEr-The counsel VIII proceed
Mr. SNITH-IIe has 10 right 10 make threats
The CoURT-lf there are any further Interruptions
will adjourn the hearing.
Mr. DKAN-l DID not want Ia irlghtcn tneini l pre-
sued the counsel had not learned how 10 draw an az
fachinont There - another informally in the paper
IL is not TO pay definite sum- but 70 pay Iailers fees IN
be taxed and how get out II the Jaler
chooses fix his fees at enormous rate That Is not
the tenure under which wo hold personal liberty
speak Of this matter that ought 10 be attended TO-
80 that whoever makes out commitments Tor c0ntemps
and suppose sometimes such process has TO be Is
sued will see that there is definite sum, 90 that the
party By paving IL. may get out OF Conf. IL mas
been urged that AL your Honor can do ~ 10 look at
the question Of Jnrsdiction That ~ all that want
you 10 do in this But IL Is an entire mistake
that the writ Of habeas corpus Is limited 10 that
alone II il limited to that only on final process
In such this where the process IL issued by
court Of limited Jurisdiction lyon can go into all the
facts. The rclaor states that ne WAS not IN court Wheh
this process was issued that he had committed no con-
tempt and that this paper was made our ID DIS aoseee
and without giving him any opportunity TO answer IT,
Now say that Ia habeas corpus is allowable 10 IN
auire INTO the fcs gain this process authorized
by Judgments Do they set up the judgment OF the
Conf in the orderi Mr.. Dean quoted from - Barb
go. Abbotts pr, Rep. 100. Now II your Honor
please have shown the mistake well as the cnornity
al proceeding. have shown that II hns fOunda
oD IN The statute 1t has foundation In fact because
we u distinctly in the petition and also IN cur ua'
verse that contempt was committed against the person
Of the Surrogate Against his Court that the reitJr
wasn't in Court when the process was Issued lie has
lad no opportunity 10 answer lie was arrested ny tne
Sheriff aud ask II it is to be held or inmatod ot TINS
day that ii the Sheriff IN hs general jurisdiction whou
they claim should decide that yonr Honor IN sitting
here and reviewing tho paper that he has Issued con-
mits contempt Of his Court and should put you IN
charge OF james Lynch esd. ask u YOU WOULD nave
-. ,sutra inf see
the Kind Lad been done Mr. Dean referred to the
Passmorc Williamson ease, In which he SAID no one
pretended that you could no. 60 back OF the record ana
INQUIRE whether the Court had jurisdiction not oy Oi
The subject matter but of the person But IT thls case.
lac added there was neither Ths Surrogate did not ~
oge that be was ntertcred with IN tie discharge OF LIS
duties that he admitting to probate OF granting
letters of Administrations for ought that appears
here he may have been holding a. trial or
a proIniss0ry note he does not allege that
10 lad urisdction Of the person. We say that
ne had NOS And fhe could send out and take counselor
of the Court be can take Judge Of aCourt AS well
And as far am concerned say as citizen as Wen
as LAWYER feel bound 10 resist this practice In ihe
beginning and will resist il, in all the courts which
have general jurisdiction | think IL must have struck
yoUr Honor know II did the community that 1t was
novel thing TO have q lawyer committed while adyo-
eating the cause of his client l think that Judge
Nelson who has sat upon the bench oil tho Supreme
Court Of the United States long has never found 1t
necessary Ia issue process against lawyer Tor con.
tempt especially lawyer Of 30 high standing a. Mr.
Fullerton and never knew that the process o THIS
Court WAS condemned that it had 20 take recess to
make ont q process to commit respectable counsel
contend that this should be done II AT all without provo
cation or hato, and not when aetnated by any
| particular case that may have attained notoriety
In the newspapers. trust that in its decision this
Court will satisfy not only the community but the Court
which issued this process that there is such thlng US
pcrsonal liberty the rights Of citizens. the rights OF
parties and particularly the rights Of COUNSEL all that
while Courts have the power to preserve order II Is the
duty of an officer OF the Court representing his client
TO protest when he thinks injustice is being done and
that in doing lie il surrounded by the protection oil
thn Inv In the same the ctizen IS 1T the bIOt.