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

N. pron Of w I'D Greeley, by o the alb
snee Of sUcb testimony Aforesaid wheroupon the
said Cour. then and there bed decided d'eTuihfd ana
aadc.d 'ha, the said notion premature for two reasons
6t that the ,ad Hoas Greeley was NO. Ia Court ind SECOND
.s TIE proper time to raise tine su-''n whei the inter
ratores propoandd TO the td Greeley That the said
Court tereupon remarked follows Tie may then decline to
sr.wer % advised rpo the ground that the Court has no
iu.cion and tho .ston can be argued and If the
Court .ha hold AZ that tim the argument that has
no iuri,deton IL dismiss the order but It shoah
come 20 the other coucuoi that bad full and competent
jursdicou could puuish ior second contempt Tie re
nc TO answer That the I'D then denied the sasi
motion to discharge and vsoath raid oidT to show CAME
ON The o grounds last soresad and other and therrupon
directed that an be entered the SAID Horace Greeley
soua answer certain nterrogaes TO be flied and served
bm) on the 25th day Of April Instant o, II O'Clock which
said fled and served and the orders there
after cred touching the same, hereto annexed
That deponeut present durs the whole Of the proceed
ss far the relate to tie matter Aforesaid In the
said Court Of oyer and lermincT, the 29h day Of APri
instant That the following repot Of said proceedings, cut
from THK TRIBUNE newspaper, h according to deponcnts
best recollection full true and accurate report Of the fad
on that day and Of the whole thereof and that
the sad order annexed to the rid n,euogaores, and
hereto anne,sJ not drawn entred until after the eoc
of said p.oeednss and said Williams had et the court
room
THE sabstauce OF the report is printed above
That deponent is informed and very believes that THf
TRIBUNE newspaper the property q nd belongs to an aso
citation orgaled under the laws Of The Safe Of New by
the name Of The Tribune Assocon md that the same u
managed by a Board d Trustees aud Is controlled editoIoy
by numerous editorial staff. JOHN {. SHAW
Sworn before me this ga day Of April, I64.
J. p. SHAW, Comm sioner OF DECIDE
The application was 81 Parfc Judge Marvin SAID
that the proceeding unusual AMI important one,
and that lie would require time TO examine into the law
and facts Of the case.
The papers were taken, and decision nseryed.
The following is u copy Of the writ Of prohibition
which was submitted 10 Judge Marvin:
Tie P,oIo Of The State NeYork to tie Count Of Oyer
and Tcrmner now being holden =, the City Hall in the
City Of NeYok and Tor the City and county of New
York the Honorable George q. Barnard, Ju-,ico Of the
Suprene Court presiding therein, greeting
UAuoG, Horace Greeley ofth City Count snd State Of
NewYork lately Supreme Cour, of Judratur- before
The Justices Thereof! at the City Hail. in theCity Of New.
York and gave the Court to unders'ud and be IN
formed that on the fifteenth day Of p IN this present year
1904 you the ,a Of Oyer and TeTmiueT, y your order
bearing date the day and year orsai did ord and require
the said Horace Greeley. IN the yd order de.ed as Editor
aud Proprietor Of daily neWspsper called IHt htwiohh
TRlBrNg 10 show cau,e before you W,dnc.y morning,
aid Horace Greeley should be proceeded ans, FOR a
con,,inp, IN the publication Of le and rfo.s aecu ate
report proceedings in your sad Court in he Issue Of
Thursday the Fourteenth day of Ipr 1894 Of said
paper TBs NV York TRIBUNE, article Untitled and
headed Judicial Outrage And The 'ad ioroe Greei"y
further Court to uIdsrssDd that did net sIeeH BY
the said order thu; the onded upon
any adayi, aiayii', upon any sworn testimony What
ocyer tina, the aid Horace Greeley tn sd four
fu.. Il g. 81.
newspaper ohAed THE kEwioaK TRIBuM, that
anew o. wac coyuiz.nt Of The writing pub.
fishing q laid report Of the proceedings your aid
Court So By the sd order alleged be- flso andHossly IN
accurate snd that dsyi, sGdsys sud sworn 'esu
nony thereof served upon the ,sd Horace Greeley to
sc,hcT the aid o,der show cause ATTY before
since And he aid Horace Gr'ey further the
Court undes,Snd that you, the aid Court Of Oyer AMI
Termner "wednesday. the 2tib Day Of Air inst, were
moved FOL- and behalf the said Horace Gcey that your
ad order show should oe then sud there vacated and
DISCHARGED the ground that you the aid Court q oyer
and TcrneI, lad acquired jufdction Of tie person o.
The said Horace Greeley, by that il did not appsi
on II your said order 10 show cause ths the -as
founded upon any such affidavit alasts upon any
such testimony sforcsad and that the aid order "a
show cause was the Aforesaid irregular and void
and that yoa the said Court 4 Oyer md TcTnHeT did De
the s.d HoTarc Greeley present Court snd that ID.
.si motion p.ns'ure and did then aud ther deny the
,sd motion of the a'orc'ud and Gid Therefore mel
further order bearing date the day and year lat aorsd
and did in and by your aid a mentioned oIei wrongly and
In error sleye aud r.cse that the aid Horace Greeley
had then aud there appeared by bis couns upon the said
der show can,e and did therefor BY the order
order aud require the sd Horace Greeley % being accused Of
sad criminal contempt answer certain
ia H,v4
Greeley until Monday neIt being he 18th day o. April
inst, h thereto and be then heard your laid
Court deienle Of the >ad accusation. that be published
grossly Inaccurate report Of the proceedings Of your ssl
Court, in TIE Diur TRIBUNE Of April H. 1854 nevertheless,
you the ssd Court Of Oyer aud Tetnusr unusly To-
sreye and oppe have By your si order Il the 18th day Of
April 1854 required the aid Horace Greeley the Editor
and proprietor Of the ,sd newsraps called The NEW YORK
TKBrSR show before you the s.id Court u Oyer
TeTneI why be should not be proceeded against for
contempt in the publication Of false and gosy Inaccurate
report Of the proceedings said Court IL the issue Of 1hars
day the l4h day OF April, 1861 Of 'ail newspnpof
called THg NEw.YoEK TRIBUNE, without proof mp
pearing the Taco Il tie ,ad order that the ssid
Horace Greeley edior or proprietor of the said new"
paper and without proof appealing 'h" fac" Of The ssid
order that tho ad Horace Greeley wrote Published.
knew cornizsnt Of the writing Publishing, Of the
eid your aid order alleged 10 be false and grossly
naccnSte report OF the proceedings Of you the sid Court
and have by your further order made the twentieth day
April 1854 denied the motion mad. by sad bsh Of the
said Horace Greeley your snd order show OF
the 18th day April 1864 hoad be vacated and discharged
on the grounds that the said Horace Greeley not then
present IN Court, aud that said motion prea srothe
presence the said Horace Greeley being TO
enable the aid motion 10 be- nnie aud entertained and the
sid motion being IN other respects regular and well timed
and have also by your further o:des made the said 2oh
day Of April 1874 wrongly and IN seged and rcied
thu; the sid Horace Greeley had appeared by ' ooun'"