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

morning at the opening OF the Court the members vi
the bar generally feeling personal interest in tie case
and sympathzing strongly with Mr. Fullerton, as audi
bic manifestations occasionally testified
Mr. VAspERroHL flor the Sherifl-In this case, the
Sheriff yesterday had in custody Mr.. VIM. Fullerton,
and served with this writ of habeas corpus granted
ly his Honor JUSTICE Mcneil and returnabe forthwith.
Justice Mcneil being engaged in the trial Of cause
ordered the hearing to stand over until this morning az
10 o'clock be heard before the Justice at Cham s.
Mr. Vanderpoel read the return of the Sheriff. ana the
commitment.
TnE CoURT-what is the expression " disordery and
contemptuous proceduref
Mr.. VASDERroEL-" Disorderly and contemptuous
behavior
half OF the surrogate The first objection is that
Judge " the Superior Court has no jurisdiction BY
writ Of habeas corpus US n Supreme Court Commits
sioncr and the next objection Is that II ne mas ne nas
no Jurisdiction transfer the bearing from himself to
another Judge. .,
The COURT will note Your objections and consider
them. ~,
papers were Entrusted to me to hand to yonr Honor.
Mr. DEAN Dor Mr.. Fulcrion)-If your Honor please;
would ike to know b. what authority Dir, van Loon
has medc any objection TO these proeecdingsf
Mr.. VAN Ioos-When youGet through ,,,,,,.
Mr.. DrAS-I will have IT settled now Eithor the
Surrogate appears here ar he docs not. .
Mr. VAN LOoS-I stated that appeared IN oeh'ui VI
the Surrogate.
Mr.. DEAN-Ihe objections are so NORA lnht coulu
not believe that they came from the Surrogate Office
Mr.. FUILEKIoS-Thcy could not have come from any
Mr.. DEAS read the petition and the traverse to the
return. -
Mr.. VAN LooS-May it please the Court. Tho ques'
ton in court here Is very narrow one II ihe com
mmen. upon lis face charges a contempt, ana sup.
pose that viii No be denied submit that IL IL INC uul
OF the Court remand the prisoner under the Revised
Statutes. The statute expressly icrbds any inquiry
into the justice and propHoiy oil the coiinMcnt ~
such cn-e Again. independent Of the statute IL II
clear upon its face that the judgment or decision OF any
court or officer If competent Jurisdiction cannot be re-
viewed o wit OF Aabcas corpus suppose tI.s Is
mety well settled. The officer OF the court DtioIe
.oIn tie prisoner brought can only inquire Welner
the OF Ger Issuing the process had r
Tie question Of imi.dioon can up. Then II the
SURROGATE had Jurisdiction the next inquiry is; Is The
commitment fair upon its face Does 1t express anu
specify u Contempt If it does. that ~ an
end 10 the inquiry II there has been al error tie
remedy is by ccrtiOruri vrt % error your hohof
canuot set here and will not set here and review an
ire gualy committed by the surrogate IN puhh Aiis
this contempt That is peculiarly the Po'lhee VI y
writ OF error and it cannot be touched by wfit o
habeas CORPUS. Tho gentleman has mistaken ~
remedy II he alleges any irrcgnlar'yi Dc coIld
could have taken his wit 81 error before the supreme
CouI, General Term, and could have been dsPosed
o there. We say thirdly when the return states tht
arrest have been made upon legal process inc vetT
may inquire whether IL Il legal process, ana Wheiher
il appears upon its face to be valid and he may also
inquire whether any cause may have arisen since tAe
commitment 10 produce reversal! 81 the J1dsMeA'
such parAOu, ttItAl OF inc Aft4ft' FAlh'At
the fine, or the Ike But be cannot IN the Judgment OF
Judge Bronson reudgc tie Judgment Of he committing
magistrate Mr. Van Looa cited various cases. and
read that In ILL., l67 II there 10 anything in the
petition Of r. Fullerton thai he was out OF Court ~
tho time the commitment iSsucd IL e an irregular
ity and can only come up on ceruorsn.
Mr.. DYAN-lou admit "
lr. VAS LooS--I do not sdmit it nor deny IL. IL
is rcuIaTiy they have their remedy ~ ess'oIa,
lair upon it, face the only question that your Honor
can uTe into here s-has the Surrogate 70
punish in case Of contempt And that rests upon TWO
- tiree scctions Of the Revised Statutes which eX.
pressly give him the authority as IN Courts "i Ee'fu
Every Surrogate .hs have power % pre,ef'e oIds. "a m
Court durn. any proceeding. BY Furnishing eoneups
Which saoun 70 an actual interruption o. business or to an
open ard dfcc, contempt 81 s authority or P,'l ~ 's
zane g 9 ss anu 10 '''
onepp,. committed in the immediate view and presence
Of the Court may be punished sunmary u oeI 'ss ll
Party charged shall be notified Of The .cusecn ana have
t.e.,Syusbe zine 10 make his defense" X. =. 40
Then there il another section Of the statute giving the
Surrogate the same Jurisdiction A. courts have always
lad In Furnishing for contempt IN addition TO oil these
! nr DpAy-Are there any other counsel 10 be- heard
Mr. CHARLFs hfHsLkH SAlIH.-tio F ilo ouIIoB@'cJ
We will hear you hrst, Sir
Nj pTAy-If your Honor please while regret Tint
anything shoad have occurred which has made IT heee
sary to apply 10 court 10 ret aside an order OF the
Surrogate | very glad that member oil the par
who occupies the position OF MI Fullerton ana VINO
has occuuled IL 70 long has been afforded the privilege
al vindicang in his person the rights Of members OF
The bar when they appear in behalf Of their clients m
court | am glad besides that the officer VINO Issued
did-I will call 1t warrant because that Is name
hat is applied 10 almost anything; 1t Is no process as
shol show your Honor)-l glad that tho officer who
issued II has appeared mere pi NE counsel .le eoso.
who always De lOuhu III uio Suio6"'e Noui'' NV
matter what Il on
MT. DEAs--I IN very happy tit your Honor has hhu
n snecneu Of ,ae argument adduced applicable to
te question iD1 Owed here. IL has nothing more ~ 90
with the question before this Court than u mas Win We
settlement OF the Schleswig iiclstcin diicutj POT
o 4 vfnl HFaE u
gugent or who may read IT, but who Will come to that
cOnclra on II your Honor please what is this paper
on which authorities have been cited 70 show tnaI
member Of the bar. for appearing pcloro 'oIl anu
seyng something which Is not exactly paataDic 70 the
officer who presides which by the admission oil The
Surrogate by the admission Of his counsel and as II
t1Ids here IpOn the record member OF the Dar can
m arrested in the Park after the Court hes adjourned
anil with no opportunity To BE- heard ia Court OF any
where else can be assigned 10 prsoniO two DAYS ~
this case but the time may be extended and the Inc IN
Mr. VAN Looy-If the Court holds that it has juris
dicion and will go into the merits OF the controversy!
then We want 10 be heard.
| Mr. DIAN-I have nothing to say upon the merits OF
,he controversy wish II were here. 1t Is the Jurs-
diction OF the officer to arrest member OF the bar alte
Le mas adjourned his Court and after that member oil
e bar has LETT the courtroom, that II here. incin'
Der OF the bar, witness, an attendant any one VINO
behayes IN u dsorderly manner may DC committed Dul
he must he committed while in Court, 30 that he may
come before tho Court when arrested and purge himself
on the spot and In presence o the Court ana tne p
ISLANDERS explain or apologize or ne must nave hs uy
in Cont And any other process IL Ike condemnihE u
man in advance and letting the execution be the notice
of the process That is the practice IN the Surrogate
Conrt the execution is the first process. Ana they
come in today and say that they would like TO be heard
MIR VAN LOos-We had no notice; you slipped III
and gct your habcas corpus slyly.
Mr. DE,X-I would like 10 know VINO yer. ! sey
That II ANN contempt was committed, the Surrogate
should have said at the time: Mr.. Fullerton you are
guilty Of contempt Of this Court and unless you pIgs
yourself by explanation or apology wiz To,i''i,
a.. il s0l ~