New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-05-04

son, who, he must have forgotten remanded back
into the custody Of the ar upon the very ground that
the Court would not inquire into the merits OF the con-
troy rsy. repeat that the process by which Mr. Full
eron committed is fair on its face and charges
contempt In pursuance Of the statute; 1t charges all
that is IN tie statute. 1t is strong as the statute
itself
Mr. DEAy-Which statutel
Mr.. VAN LooS-The statute under which It was is
sued. is the counsel. instead OF reading Cowans
Treatise had read Backsonc's Treatise in his rural
retreat i think that he could have discovered under
what statute what several sections Of the statute
the Surrogate acquires his authority 10 commit Now,
the face OF the papers-the question that am argu
ing not the question that the gentleman is arguing
because he is making q speech for the surrounding
crowd. / ON addressing myself 20 the Court did
fatter myself that l might almost make as good u
speech as the gentleman If wanted to- and make my
self as abusive and as sassy, If wanted to- but re-
greet deeply the gentleman does the necessity OF
all of our beiag here and say, if there has been any
rreguarity, would 60 as far as the gentleman TO nave
Mr. Fullefton'5 rights yindicated. But if this writ
charges legal contempt, in the contemplation OF law
upon its face then say are correct IN our position
and We come within tie letter and spirit OF these de
eisons. Mr.. Van Loon read the case l Hill and
claimed that in term time, by opinion OF law, member
OF the bar presumed to be present IN Court All the
time. That case was for a payment OF moGey, Dat IN
this case the commitment states that be was gnty OF
contempt in open Court in the language OF the
statute.
Mr. DEAs-I stated distinctly that it does not state
any such thing.
Mr. VAN Loos-I say it is stronger than the statute.
Mr. DEAS-Ihc statute says amounts to'-tne VIII
says tending TO-"
the requirements Of the statute. This is valid upon its
face aud if it is 50 your Honor, sitting as Supreme
Court Commissioner, must remand him. Tow, they
could have cured all Irregularities. II he committed
any and they bring that question properly before the
Court il requires writ Of error. Another objection IS
that the writ not issued in the Of the people
of the State Of New York. 1t s true that the name OF
the people is not stated top but contend that the
writ is issued in the Of the people Of tho State OF
New-York. by It's very language. And 1t matters not
where il appears whether upon the top OF IN the body
IL is Unnecessary to repeat IL on the top reeitng
would be sufficient / could Produce authorities upon
that poiut-analogous cases, if it were necessary.
Mr.. DEAN-lfthe Court please, do not propose to
dean your Honor but the counsel has stated that we
posed that a writ Of to the final Judgment
Mr. VAN LOON-A certi0rari.
Mr.. DEAS-Did any body ever hear OF that We
could have got writ OF prohibition, but writ Of error
when the person is to be imprisonedtwo days Sensa
toni
Mr.. VAN Looy-Judge, you seem to have an audi
Mr.. DEAN-wcr when he is right always has
an oudeaee APplag:c lie says we can cure cure the
cure the Irregularities We want yonr Honor to send
back and il there is no room for 1t In the Snrrogates
Office. and they cannot give il any name Barnum nos
name which viii apply ~ little What Is lt' Tie
case In Hill i, cited show that attorney Is always
in court in ore tine Where the terms Of the Sur
rogate's Comtt We bad four terms in the Superior
as OF Term ne Gnd attorneys were presumed 10 be ID
Court and now shall compare that august tribunal,
so long honored until by the Constitution Of lao 1t went
out Of existence, with tie Surrogates Court OF any
county of the Statei 1 will pursue this no
further. The Surrogates Court has not an
attorney, let alone counselor. Parties who appear
there are proctors only The Surrogate has no power
over attorneys officers We not officers OF that
Court Anybody can practice there. The counsel has
endeayorcd to try in the Surrogate's character His
personal character is not here No matter whether he
my be learned ignorant good Judge or not good
judge and the last person 10 bring In the personal
character VI any man, let alone Judicial officer but
/ am here discharging my duty 10 my client as Mr.
Fullerton dischorging his duty 70 his cient am
responsible TO this Court for the manner IN which do
it. and shall not shrink, matter what may be the
relations between myself and the judicial niniste-
rial officer IL his acts DO reviewed in another
court. shall not shrink from dscharging my duty 10
my client. do it In this the more willingly be-
think that not only have the principles Of civil
liberty been violated but the rights Of member Of the
bar and am glad that tho bar of New-York are SO
well represented here to-day. Each feels that he
is attacked.
TIE CoIRT-Arc there any objections TO NJ. Fuller.
ton going On his parole until morning!
MI VAN LooS-I don't make any
Mr. FuLLERTUS-lti Is understood that do not ask 1t |
favor. |
THE COURT will hold the opon until tomorrow
morning.