The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-04-26
the GREELEY CONTEMPT CAST.

TAs Defendant Refuses to Answer the
InssFroGstoFiss-An Att smps - Tahe
she Case Ous Of Judge BaEnara's Hends
~ Applying for . writ Of PrsAisitieD
to Another Judgs-An Attachmens 10.
sued Against the Delinquent-Ban
Fixed ~ One Theusand Doilars-Ints--
resting Proceedings, sc.
suPREAs coURT-cIRcurr.
Before Judge Barnard.
Arm 25.-The People ~ Horace Greeley Tho court
room was crowded this morning in anticipation Of Mr..
Greeleys appearance TO in the contempt
The defendant was present. with his counsel Mr. j. T.
williams; but when his Honor took his seat upon the
bench Mr. Greeley nowhere to be seen He had left
the court, by advice OF counsel few minutes before
Judge Barnard arrived, thereby Disappointing great
many Of the spectators who expected that he would DO
present during the proceedings. In making his exit,
which he did In somewhat hurried manner Mr. Greeley
accidentally tumbled Of the chairs and came
very near having fall The incident caused
general laugh, and all eyes were turned upon The de-
PENDANT he retreated to the front door The Court
having been opened with the usual ceremonies,
Judge Barnard inquired II the answers TO the nierio
gatories had been Hled9
Clerk-Not yet, sir
M williamsburg 10 please the Court, desire pests
in this matter for few days. and will proceed
to explain ny for asking for delay On Monday
next the general or this court will be sessions
and your Honor happens become OF the judges COM
prsng that court, thought that, under the crccm
stances you would have objection to have The matter
reviewed by that tribunal. Acting under that impression
applied for writ Of prohibition this morning before
Judge Marvin in the special term Judge Marvin has
listened to the argument and has asked time to decide
the point, saying IL Dconvenent then bu. he would
consider the matter and give decision probably within
twenty four hours IN any event, Judge Marvin will
his decision within forty eight hours so that
delay Of two three days will be sufficient fer pur
pose.
Judge BarnardThe rules Of the Supreme Court Of This
district printed and circulated for benefit Of tho
public, expressly provide that all motions should be
made before Judge al chambers and any application
Is MADE before Judge not sitting in chambers Il 10
irregular.
Mr.. Wiiams-At the time made the application tbefe
Judge sitting 10 chambers that was obliged
togo before Judge Marvin, in the special term hope
this explanation viii be satisfactory to your Honor
thought il the usual practice OF the Court and
your Honor will only consent to postpone this matter for
few days win take Ii personal favor Ny lahore
have been very aYduous during the past week, and
hardly feel able to 60 on with this case 70 days
Judge Barnard-The interrogatories, If they been
answered. may be filed with the Clerk OF the Court, and
the Court inspect them and decide whether the
tempt claimed has been purged not If there any
Mr.. Wiams-Tne point we intend 70 take is that Mr..
Greeley may subsequently indicted and that that
event these 10 the nterrogaores might prove
injurious his interests. We do not the defendant
criminate himself IN case where he may have 70 60
prison In the OF Hackey the contractor the
admissions or theAefendant the witness stand
used evidence against him, and MIGHT turn out 60 in
this 1t is pretty well established that witness
should be protected against eliminating himself and in
| this case, where grand jury may be induced TO
take cognizance u might be highly injurious for Mr.
Vtceley TO make any statement whatever.
The Judgen Hackley's the Court or Appeals AZ
Grmed the Judgment Of the Recorder, who compelled tho
Mr.. willams-That under special statute.
Judge Barnard-On indictment for libel, any
that the defendant might make 10 the interroga
tories would not be used as evidence against him. There
are two kinds Of conempt-civil aud criminal In the
civil case there n,erogaor!es; bur criminals
like the present the law prescbes that inter-
rogateres shall served upon the DEFENDANT that
he shall be compelled file answers with the Of
purgipg himself The application for pcstponcment viii
MI Fucrton-My associate objected the proceedings
when the Court last 10 session in consequence Of
Judge Barnard-The District Attorney announced that
| ne had an affidavit in open cnurt
Mr. wiams~Yes' s after the arsumen. was closeo
You mentioned the fact but have not been served
Mr. Fuerton-There is doubt that this case involves
very nice point Of jurisdiction; and that your
belong to you II there any doubt about the uris
dcson there can be no harm In delaying the matter for
Judge Barnard-You test the Jurisdiction Of this
Court 10 two ways hrst BY applying 70 the Judge at
the general term ANY other course would De irregular
Mr. Tuerton-Ihere was no particular object in going :
not going Before Judge PsckSam on saturoay The pa
pers were prepared this morning. and the application Tor
sne WITH o. prohibition was made before Jsdgs Marvin
Judge Barnardn the writ had been granted 1t would
have been granted on state Of facts that do not exist
Mr. Fuerton-I do not think the ends OF justice viii DO
defeated by few days delay.
Judge Barnard-Have you filed the nterrogatoriesp
q M arrQ FOR MAJ hA
Judge Barnard-Y mean the answers to the in,erroSa
tories There Is no misunderstanding, believe.
Mr.. wiIams-Nc, sir believe not wish now TO
make few remarks in reference % tho sdavi,s claimed
10 be on ne II there any aftdavits le the arGu
ment at the last session OF this Court certainly based
ne o, Sssn Of s
pcation is not made In facous spirit 70 your Ho-
nors and adj, your Honor will ouy Ienec. for few
done 10 on unriendly manner 70 this Court There no
am quite that when the comes up before The
general term where your Honor acts as OF the pres
ing Judges a you will find that our point s well takep.
Neither myself my associate would think OF asking
anything at the hnndsof this Court which would in any
way detracffrom lis dignity or usefulness But we have
fail doing what considered best for the interest OF
our client your Honor would be OF the FIRST
claimYou have been recreant 10 your trust attor
neys Of this Court the privilege prac
Using within these walsn' Looking at the THAI
thar may have the benefit OF Judge MarvIns decision
on the motion for writ Of prohibition.
Judge Bsrnard-The point has been decided by the
Vice Chancellor Of England and the proper time the
decision will be produced
Mr.. wilams-If there has been such Adhesion, and
that s law, we will be among the first and
bow down TO IT, But we have serious doubts about The
matter, and thought IL would quite agree with your
Honors ideas Of the law to argue tho case before the
general torn. where your Honor will act OF the
presiding justices.
Mr. Hall-n the technical course Of this processing
from day TO day the motion for delay VIII necessarily
be granted The defendant does not refuse neglect or
decline " answer the iuterrogatories Neither does he
pcI 10 court suggest, therefors, M dtic curiae,
that an attachment be issued against Mr. Greeley
bring the defendant before the Court he
BAIL and then if the writ Of prohibition obtsned the
gentlemen can 20 on with the case in tho regular way.
The attachment could be made returnable at eleven
O'Clock on fhursday so that there will be plenty Of time
10 hear from Judge Marvin 10 the interval.
Mr.. willams-I have not Mr. Greeley since crr
last adjournment until tha morning, whom he called ms