The New York herald., 1864-12-16

sro not strictly correct your Honor gives the
order 10 The dischitfe the prisoncrs people outside
viii SAY tnat our judges prejudiced sno decide
cases without hearing Them argued. Your iionor VII
atcon me u spedS ~nh some seeme 4: oat wou.d
not consider that ID done my duty 20 clients II (!
ad not endesvor To that their interests we
ed. The character OF our judiciary ana our character
for fair pay is at stake here and Though n ~ sid
there are IN our community those WHO fympstnze enh
who does ni desire 10 see Justice administered ,mar-
tally according 10 M iiish aw eau upon Honor
hoD In the Of justice 10 hest te before YOU PIT
that oroer into execution ask you aRaia TO
a0ord us an oppc, ,,unity 20 be beard before you
sweep this charge out. J ask TO hear tho
counsel who represent tho important ntefnatinna 10.
forests that sfake here have always SAID and
now repent, that would be the last oppose
discharge or these tnoEghl was done ;a,iy
and in acc rdance win law. would sty discharge them
by all means, lot the uselue he they
may But ask that YOU do not discharge them IN IN
wnoieaa5 ~as. ask you In doos tbat you are treat
ing us with that fIirness ~ which entiiied2 n
you do ths state here most solenny that The tents
We represent htd tDat II when they enter a trHsh
court OF justice Their Claims VIII not be heard, lnen
we mus. be prepared to meet tho co sequences. No
couo'ry has displayed greater fairness in smr ccum
stances than the unltei states where tne md
officers o. justice have invariably combnei TO give effect
most sincerely hope for tho sske tho Judiciary
your own characer-and have known your Honor
since you took that seat which no0 occupy and bo
fore your appointment 10 that place, and ones char
acter has stood hi viii hesitate before you
discharge tnese men, and aord the counsel for
secuticn an opportunity 10 represent their clients
| in the other cases, and let the earard gentle
men on the other side come into court aud
make any application they please. We pre-
pared proceed instantcr We know ,nat IN
another case they can make the obec on bnt then
vii, have opportunity OF beng heard 5u, 4 ibey
are now discharged it will be SAID by very that
advantage has only been taken of OF ci
zens sure your Honor viii not saneton m act or
TINS knu. submt this matter to your H0nor's judg
nieu. ana that you vii! Call upon the counsel for
Inc defence, II they have any appcaton TO make " in
inc other cases Your Honor knows that tho Judges or
the superior Court have the Same jurisdiction pour
Honor IN this nstter and II had had any idea that
your Honor would decide II in this way, might have
requested your Honor invite your brother Judges
take sect the bench 10 hear the arguments this
case. My learned friends the Hon. MIR. Rose and Mr..
Johnson will address your Honor much ably than
have been able TO do and will therefore not further
occupy your attention.
Mr. johnson observed nothing could possibly
be aid IN this could Increase opinion OF its
por,anco Those who represented the United States Ia
this matter mad very grave interests indeed and those
who represented private interests had also very gravo
interests. Mr. Johnson was about to proceed, when
M Kerr, interruptng, objected to the discussion as
irregular
Mr. Lsnamme also sad that II tho first time that
counsel mad been allow ed to comment Judgment.
Ar. Johnson denied that he was about 70 comment
upon the judgment OF tho Court aud about give
some explanation Of his object In rising to address
Honor when he again interrupted by the counsel Tor
the defence
Hon. Mr. Rose then eudeavored to obtain a hearing,
and remarklDg that be had too respec. for
Honor and Tor himself 10 attempt rny comment the
judgment which had been rendered he proceeded to say
that they there that dy to argue particular
But here he also interrupted, and
Mr.. Justice Ccurso then said that he could permit
fully aware OF the Importance OF the duty which had
FALLEN To nina duty which he had much rather had
been performed BY some one else But be was deter
mined that In this, as in all other cases. the British
rules OF justice should be followed out. and
he came to This conclusion, that, having no
jurisdiction case, he had right 70 keep the
prisoners any Having declared that his proceedings
Illegal, he felt il to bo his duty order the imme-
dee release OF tho prisoners That would be the duty
of any British Judge. He felt the responsibility
assuming but placed as lie was he bound to act
the law and his conscience directed.
n.
decision being received with appreciation by the Southern
present. whose applause the officials vany
The then ief. tho surrounded by their
friends who Of course were loud n their
on the termination of the Investigation.
The Conduct OF tho Montreai Chief OF
Police Under lnvcssigAtfon by the
[Fron the Montreal Herald, Dec. 14l
The second Of the regular quarterly meetings or the
Council was hold last night bis Worship tho Mayor 10 the
ST oouNcn-cnARaEs AGAINST MAJOR
LAMoTHE, CHIEF PoLicR
Councillor DsvIIN and said ne had many occa
sons ended the Chief Of Poce, ho regretted that
II was now hs duty as member Of the Police Commit
tee to bring before the Council what he considered
serious derecton OF duty the part OF that officer
his opinion tho conduct Of the Chief such render
csi ior inyes,va,ion ,uso Of the Chief
Council that, by - judgment given that afternoon
persons charged with murder and robbery had been dis
trusted With about ninety thousand dollars tho stolen
money placed his hands strength OF the cond
dence he Councillor ID had his in integrity The judg
ment rendered at hslfpns three o'clock that alter
noon Tho legitimate owners Of the money had urged
him during tho day 10 attach tho money the hands
the Chief but feeling certain that tho would be
discharged and that the money perfectly safe Ia the
IL would not be given up even n they dis
charged without an. order from tho Court, he
lie d. Sa not Owasas thu, ns as
nothing to. be apprehended Immediately upon ren.
dcring Of the judgment he (Coun d. station
house, but not finding the Chief there, he wen. to Ltue
st. James street TO prepare attachment when he met
tsc Chief OF Police opposite Mr. Lanammes Office lie
told the Chief that ne about to attach the money in
his hands, but informed BY him that he bid given
up tho money. He then asked the Chief Poco il he
order from the Judge and taxed him with having giysn
tho money before the judgment had yet been
ed. On asking him how ho managed TO obtain tho
ney from the bark II bong after banking hcurr, he
stated that he had gained admission by private door
Councillor hxvfiS continued, cbaIgiug the Chief OF
Police with having given money placed 10 his hands
by Jud Courso without order from Judge and
with having dap ssesssd himself Of money placed in his
hands by giving up TO persons from whom he had
received It. Councillor Devn had gone Judge Courso
and asking him II he mad ordered tbe Cbef OF Police
no such order. Tho Chef Police being one of The m
Of the corporation, they respous Bile
css and IL was his duty to say that he had never herd
where officer charged with the custody
large sum had without authority emptied HE pockets
handed over to ersohs who were Dot the legitimate
owners OF 10 Tho city might yet be called t. refund
the 10 the laa fu He was prepared 10
show the council that the Chief OF Police given NJ
money without ary authority lie further prepared
show warrant for the apprehension Of pers MS
had been placed In The Chiefs hands, and ne Councillor
- had been Informed by the Hon. John Rose and gen.
tlemsn or high legal position In the State OF
Vermont that the Chief had absolutely refused
execute that warrant for three-guarters OF an
hour after had been placed In his hands, when the
object Of the Issue the warrant had been defeated by
the dsappcarance of the pereons to be arrested II tho
Cnie takes upon himself responsibility OF such i'm.
portance be could tell the Chief person
whose position would enable him bear that rssponsi-
bity This derection Of duty tue part OF their
serious matter TO the corporation Tho Cher
had given the money after banking horrs and before
there time to record the Judgment OF the Court. 10
whom he had given 10 best known 70 him II
had given t. the prisoners no had right 10 DO
So not having received IL from thcm and not having
been ordered TO do 50 BY tho Court The Judge had IN
formed him Mr. D. he had given authority 10 give
and he Ia the only pes0n who had authority TO order
the he OF Police % give up. Tue money had been