The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-04-21
THE GREELEY CONTEMPT CASE.
Court or Oyer and Terminer.
Before Judge Barnard,

APRIL ~ -lnc court rOon was CIoWQed 70
day. anticipation Of Horace Greeeys appearance in ths
contempt Nixon, who was convicted Of man.
slaughter in the third degree, in having killed william
N Brown, OF the Pewter Mug, 70 receive his sen.
tence and this also contributed to swell the crowd The
Court having opened with the usual ceremonies,
District Attorney Hall moved for judgment 10 the case
OF the prisoner Nixon.
The counsel for the prisoner asked that the matter b
postponed until next week, tina. Mr. Clinton might be-
present.
Judge BarnardI why the pfisoAer should
not be sentenced day. There nothing 10 be gained by
delay.
The prisoner was then brought forward ana asked what
had to say why he should be sentenced according
| to law.
Nixon-1 have objection to beng sentenced. What
did done under the belief that my life was in
danger don't think forgot myself much as 70
make use Of the language imputed 70 me by some Of tho
Judge Barnard-The evidence showed that you were
both wrong bnt you should have applied to the courts
Nxon-ru,. your Honor kAccked down, and he
was rushing towards me when fired. Previous to this
never ANY diculty and can show the best Of refe
Judge Barnard-The jury took very merciful view Of
your case and found you guilty Of mansaughter In tho
third degree. You had no right TO carry THAI pistol
| Nxon-Well, your Honor, -
deadly weapon. The law prohibits the practice, and
now when there so soldiers returning from tho
~ >
respected, else society will suffer TO alarming do
gree The the Cour. is you be imprison-
| cd in the State Prison for four years.
Nixon--lhank you, sir.
The CONTEMPT CASE.
Judge Barnard-l believe, Mr. nali, that order Was
issued Friday Against individual. whose name you
will find with the clerk, charging him with contempt Of
court which Is rcturnab.o to-day. should like to know
Mr.. Hal-Hlvag been requested to act for tho Court
in this case viii proceed to read tho order as issued by
your Honor:
o,ae HAITI
sns
n.I: al essen o'clock, Why he .hsSi proceeded
osv ss h ns q false and
lie Of Tharsdas Inc h q April Of said news
a0S ana
aad
Tho return made to this order is as follows
csr,if, 18th April 1854 At The city Of New
york served Horace Gree she pdI idna mention
%h he sai acrass GIssey psrsonsiy ne .@s
y i xs, iS The article
Arn To- 1851. JAMES LYNCH, Sheriff.
Mr. vanaeryoort the Clerk. then called, loud voice,
lir. J. I. Williams responded as follows
| Your Honor, received from Mr.. Greeley = copy o.
doubts my miud to the jurisdiction obtained in this
and thought it proper as an officer OF pour
move 10 set aside tbs order to show cause.
That motion now rise to make, and wish to put IL
the Court by an, thing that now appears before The Court
by anything upon the files OF the Clerk Of The Court
and nEd that any affidavit made charging that
Mr.. Greeley was either the editor or proprietor Of The
and the are some points c,se which think quite
material IS this point, which now name, but which
ihe ps,ric. Attorney win no: think he
| Cour, win take official notice o. / submis
roaee r Il.
not matter lor which the Court could take
judicial uacs Thai any pesson was editor aud
which appeared before your Honor upon anything which
| may call ~
respectfully snb these views upon your crder and, ~
is based upon insufficient aidavs. or rather no am
iavits AT AL suppose, ike any other order,I COULD
10 discharge this order II this werc civil pro-
cceding quite it would BIO prore 70 SET
or order FOR attachment Or arrest might set aside
for want sufficient a'idavs. Here y case whore
there are am infurmed afldavsts touching
either OF those ts reced in the order rccolecs 10
right. beg 10 TO your Honor that do not wish 70
take any merely technical objections or make any fac
ons opposition but 10 present this point which con-
| slider Of legal Importance.
district Attorney al-Ycur Honor requested me since
the attachment OF the Court issued an act Of ans
e,ri,, counsel in this matter presume the gentle
mans motion Is premature under the practice. unders
the for the court to nlc nterrogx
tories which to be served tho party and he 10
then TO decline TO answer. He may then decline
TO the ground that there is iu sdctson
qured Il the proceedings And suppose not unt, those
racrrogatosies are filed and we'd woud motion Of
| this kind ultimately up and then the matter may
be he I'd Ipcn iis entire merits when in Office
before had oceasion twice, nj the request or tho
judges TO at proceedings Of this nature, and THAI
was tho practice then settled, aso appears from
! the papers file, which l Consulted yesterday
in OF these cases. therefore submit that this m1-
ton whatever my be its merits demeri,s prema
ure, and that tho would be for your Honor
TO tic nterrosaores, and they served and the
etun day has come, then tho whole matter can 30
mi cd
Mr.. }. T. wllians--1 think tho proceedings here arc,
under the Revised Statutes providing for CRIMINAL con-
tempt strictly uuder the sixth So bdvison OF The tenth
section. Tic language NJ that suhd ye,D quoted
The oieer, ard correctly Quoted, believe !
are strictly rnder that statuie, ana under no
| other. ] submit to your Honor that this statute
aierros aor:es be filed. thus under the nne-
centh section providing for civil proeeed g. the case
that when party is brough. into Coat son 40 attach
nent the court shall then proceed 10 e rterrogator les
and 50 forth This is Tint case is srcly an,
far as know, competent la proceedings TT cortemps
sa.ues in reere nee to s,s, cases t. DE
end proceed in The manner indicated by the srict AttoT
c,S to rcd eor,1iny tncy cannt be- ,a IN ,his state
OF tie We ca led into Court this mIrning by
order 10 show Why should Ent BIO taken
| as for contempt We think II competent row, aud We
thirk this the PROPER time, and the only proper lime,
perhaps, 70 mike the motion which now make. Ny
esrned friend has not met the statement made soT the
Wow tase OF ~ Understood hrm {, say that my
ton is Prematnre submit. tina. It IS 20. premature.
proper tine r,ove Cor it's discharge for any defect that
may have preceded he making q tho order
Judge BarDard-Tho motion premature in twore-
pccis Frst, the prisoner not 10 Court and secocd
the proper tine 10 raise that objection when The inu
roGatories are ropounded 10 the witness Tic may them
oecneo ans yer on the ground tb,t the Court has 10
iSr'sdicton Then that question ear be argued and 81
sne court sLord hold after Argument, that u had no
jurisdiction, IL could dismiss the order. BAT ~ should
come to ihe conclusion that had iuisdc iun hcni A.
couu PUNISH 'or the second contempt refusing TO,
answer the ibterogatories shall direct the clclk to
enter an order directing that irercsa,or.cs DO pro
Lounoed 10 race Greeley, and that he be requested 10
NE answers to tho same, AID them 10 this Cour
| en- Monday next at eleven O'Clock.
I Mr. Wii ms-rour Honor spoke OF tho prisoner i
suppose he 10 merely now the defendant. There 4 no
/ prisoner.
| Judge barnord-Ycs, sr; u was ms,aks should.
Mr. Wiansin reference 70 the defendant net heisr
IN Court, advised that IL was not necessary uucer tho
dec 10 OF n