New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-29

On the following day. Judge Marvin oeiN'i'u nv a
opinion which has previously been published ieiu ing
the writ prayed for
On the day Of the application 'or '"', Grit OF
prohibition Mr.. Williams. with whom ">as associated
Mr.. Fullerton applied TO Judge Cainard. at oyer
and Termiver. 10 postpone The eose. The reason
said Mr. " iniams is this, On Monday next tie
Eonor observe il Of the Judges composing that
CouIt. therefore thought IL might not ne dlsegresa
bic your Konor this brought before te
General Term where your Honor VIII have some oi We
Associate Justices by your side instead OF having .h'
case beard here have for thet pnTpos' nas ppnj
ton this morning Ia Judge Marvin sitting at Spccia
Term for an alternative writ of prohibition. taxing lne
proceedings before the General Term
The Court said the application ought to have been
made to Judge in Chambers, hut Mr. Williams ex
planned that there was in Chambers at the time
The Coart-I the intcrrogatories have been an
swercd aud can b. fled with the Clerk the Court VIII
then inspect them and at the adjourned day VIII see
whether the contempt complained 81 has peeh Pueeu
| or not
| Mr. Williams replied that at the General Term one
point to be raised would bethat the party should not DC
called upon to crimnatc himself. In the Hacklcy ease
the Judge remarked that it perfectly well settled
that where there is legal provision TO protect the
witness against the reading of his testimony on MS m
he cannot be- compelled Ia answer.
The COuyt,In that case the Court Of Appeals aihfheh
the Judgment Of the Recorder compelling Hackley 10
answer what he did with the $4,000.
| Hr. WHiams-IoT the reason that there was stat
ute c1pessy providing that that should not be- read
against him on the trial Of the criminal action
The Cour-In an indictment for libel IL will not be
necessary 10 have the confession the testimony OF the
party The simple fact that he the proprietor oi
the newspaper IL sufficient
| Mr. Fullert0n-That fact does not appear
| Tie CoVrt-Yes Sir.
| Mr. FplilrroH-I do not so understand IT,
,;f, NJ riT4ip al uru m "A
c.ous publication Of Judicial proceeding il il matter
which is addressed entirely TO the Court, which takes
conlance Of the truth or alsy Of the proceeding by
itself II simply requires that the Court before acting
shall be satisfied that the PARTY ho Is ordered 10 show
, ins T%ponso' % & sas sde PRn p"
scnced to the Count and THE Court had IT, 80 that dis
poses Of that natter The application 20 adjourn VII
be denied because that cOuld not possibly appear ~ the
application for writ Of prohibition before Judge Mar
VIM
| NJ. Fagrrop-Ny as,ociate argued this cause the
other dry on the presumption that there such
affidavit He said 20 your Honor in the course Of the
argument rcpentcly that there was no such affidavit
and Il taken for granted throughout that there
was none.
Mr. HdH was here understood TO state to Mr.. Fuller
ton that b. informed him at the time Of the existence o
! he affidavit.
NJ. Fuiierior-yon did afer the argument was over
and the matter dispo-ed Of And then recolect very
well 81 thinking that my friend should have been more
liberal before he closed his argument and before The
decision made
| M. Nall understand the gentleman's point ~ that
| the affidavit was not served.
Mr.. E1Riaas-No sir-that there proof what
ever.
act unless there VAS something witch 10 act. !
The question one Of jurIsdiciion II" Vas certain
his Honor had no desire 60 exercise jurisdiction that
did not belong Ia him or was doubtful
The Cpu0 reiterated IT, objection 20 postponemeni.
on the gound Of The irregular application TO tLr ~
premc Court. and Nh Ftcrton replied th3t justice /
lcCkL.n gas al AlhaHy and the application to Ju.tc"
Marvin made to save time.
TLs Cop,-No Sir: but Il i granted il must be on
state II fact that dos not exist for u does not appear
before him that m Affidavit was made here.
NJ FlHr,oa-Your Honor cannot take judicial cognl' |
| zance of what il not presented.
were not OF the fact that an affidavit was made
| NJ. FsgGtoH--I said Mr. Williams was not aware "f
ill., hardly think. upon rejection mat your Honor chh
refuse application tie ground that our papers, b"-
fore Ii" justice 81 this Court are not regular
4 The Count 10 not place u upon that ground.
called your attention 10 lie reasons why the apph'ation
M FvHeron-We only ask few deys.
| TAs C0trf-file your inieuogatories with the ChTk
Of the Court.
~. FsHenoA--we have occasion TO file interroga
tories.
7l> Couf-Imean your answer the intcrrogstores.
There j. no m'ui dcr.tndiug.
was flied thu time iii, order made until after
II made. had intimation that anything OF the
Kind was done until some twenty minutes after the ar
gumeHi when my friend turned o. me and said there
was an affidavit Tile Of fact which he stated
ana which by the Way. Is not material fact in this
case but Is entirely outside OF IL. No copy OF IL was
served upon u.s. that cannot be charged with any
such notice any benefit be derived by the pros
ecution fIom the fact that Il was filed The argument
the other day was on the presumption that 1t Was
not fled
Ifr HaA saying that the omission 10 file answers TO
the interogai'Tcs merely N omission. suggested
that writ Of attachment Issue 10 bring the party nc
cused before the Court Thursday morning, AZ IL |
O'Clock and that being done the gentleman could In
crcepi the proceeding by his writ OF prohibition at sny
time be- Ctu.e 80 to do.
Mr.. Williams stated that Mr. Greeley had been IN
Court and had asked him II his presence necessary
and had retired being much occupied being told 1t
was not.
| The Coyrt--You NAV draw up on order recug the 1
various proceedings that have taken place. have writ
Of attachment Issued with bail al ~ DJ 10 appear On
Thursday morning NJ ii o'clock.
| During the afternoon. Mr.. Deputy Sheriff Bernard
Reilly called upon Mr. Greeley at The TRIBUNE Office. |
and served the following attachment taking Nj Gree
leyjs verbal recognilaDce for his appearance.
Inv ATTACHMENT.
III. P-opr OF %. State Of N.u.ler, f.. I,i1~. rynrh
esquire, Sheriff Of The City sud tounty of Nrv-Nor
Greeting
We command you that YOU stsc and are Iorsce Greeley
have III body before tie Cont of Over and Trn.u
a. .nd Tor The City and County Of New York the twenty
eighth doy of Apn IN the Of our Lord thousand
eight hund"d aud Isy four ~ eleven o'clock IL the
there 70 unto said Court touching contempt Of
criminal character which, ~ has been ALLEGED by the sid
Court ofcio, be- the aid IIoare Greeley hd committed
Agansl sold Court IN that he had The fourteenth dy Of
April published grossly inaccurate rrpoTt OF certain pro
c-ednp hsd In said Court the thirteenth day Of d month
81 pr aud that making spd ItaehinrGt Of body viii
ako the personal verbal recognilHce in the Of thou
sfoe.aid perform and sbi. .uch ordr a -Ad
Count shall make In this behalf snd have then aud there
this wit, and make and certificate und.r baud
the IN which You shall have eIecnted the
Witness the Hon drorgr o. barnard justice OF he sn
prcms Court, duly assigned 10 hold sud dn holding he said
q lusI.