New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-21
time for making the motion which now have the hs,1r

time for making the motqp which now have the hsAae
TO submit.
The Court-1tis premature in two respects FRI,
The prisoner is not In Court. Sseondi The proper
time to raise that question is when the ntsrrogatoel
propounded TO the witness. He then decline b
answer If advised upon the ground that the Couyt
has Jurisdiction, and then that question can h.
argued; and II the Court shall hold Of that time aey
the argument that had no jurisdiction Il conh dsuiss
the proceedings. But II it should come 70 the othsv
conclusion that 1t had fun and competent ursdjctou n
could then punish as for second contempt the refusas
to answer shall therefore direct the Clerk 10 ents.
order directing that nterrogatores propoundeA ~
Horace Greeley and that he be requested 10 lie answers
to the same or return answers to the Monday
next at II O'clock.
Mr., Willams-I had not quite finished what had "A
say. Your Honor has used the expression he
prisostr Is not in Court"
The COurt-I did not mean prisoner" meant
z" defendant"
Mr.. Willlams-In reference 10 his being IN Court I
beg to say your Honor and it IL due TO him and nv.
self that should say that advised him that under the
decision 10 I'd Gaines p 3 the party need not appear
In person in Court l reason why Mr.. Greelsy
should leave his usual avocaons to como into Court,
and wish TO say that disrespect was intended By
bis absence. In giving that advice, relied strictly
upon the decision have referred to- do not wish 70
argue tho question: II your Honor has already decided
it, am prepared however, with authorities 10 show
practice; but that such proceeding Ia unprecedented
In any case so far ~ orr Courts are concerned
The Court-I presume that an Authority will be pro.
duced at the proper time. when reach the case,
establishing the Legality VI these proceedings.
Mr. Wiliams-That may be So do not profess t9
know all the decisions; but have no knowledge Of
such decision; and submit 10 your Honor that u
there be such authority il would be fair for the Dis
trict- Attorney to call my attention 10 1t now.
Mr.. Hail. understsnd his Honor has decided thai
motion d it is not my practice 10 argue cases afta1
they are decided.
The Court directed the Clerk to enter order direct
ing that interrogetores be propounded 70 Horace
Greeley and that he be requested TO return
the sane on Monday next, at III O'Clock.
MIR. Wliams--I suppose an order win DO entered
denying the motion make IN the usual form.
The Court-Yes. Sir. First, on the ground that The
defendant Is not present; and second that IL prems
ture that the proper time " raise it is upon the answer
TO heterogeneous.
Tho folowngis
!. TIE ORDER OF THE COURT.
At Court Of Oyer and Terminer holden and for the C3
day Of G Ss se p S the ~:
o. Barnard Of the Justices Of the Supreme Cou and
Justice Of the Court Of Oyer and Terniner:
In the matter Of the proceeding asans. Horace Greeley
Upon due proof Of the show entered
on the S,h day Of Apd inst, and upon calling aid HOrscs
Greeley Williams ESQ., appeared for said Horace Greeley,
20 object jurisdiction Of the Court the person 1
Horace Greeley and it. jurisdiction TO enter said order -
proceed hereunder and thereupon moved the Court hero
TO discharge and said order to show the ground
that there il affidavit or other proof before the Court show
ing tending to show that said Greeley either editor %
proprietor Of he newspaper IN SAID order feefred TO- nor any
the publication Of said article and after hearing Hail. esy
ar .nS can osy Be- made on The coming in Of 70
terosstoes be hed and second that the said Horses
Ordered the two grounds Aforesaid that the said motion
be and the same is HEREBY denied
Exrscs from the minutes
/ HENRY vAspERvooRr, Clerk
TIE ISTEREoGAToRIEs
Alta Court Of Oyer and Teminer holden in and for the City
wednesday the 18th day Of April in the year Of our Lord
l3presnt tie Hon George o. Barnard OF the Justices
In the matter Of Hore Greeley upon order TO show cause
| why be should not answer for contempt OF Court
II ordered BY the Court that the said Horace Geeey now
hara Ffug NV / IN fQuu
land the wer under oath is waived the following
tore. and have until Monday next, being the 18Th day
April, instant a, ii o'clock to he thereto and
be then heard in this Court in dee Of the accusation that 30
th. Court in The DAILY TRIBUNE Of Aprl+ 1864, in tho
language contained In and ecied in inerrogaory the hr Wis;
IafeTogasorv the F1sDd you write In manuscript the
following matter which appears page four column second
thereof III TIE NEwioRx DAILY TRIBUNE Of Thursday.
April Ia. 1854, 70 wit:
IA JUDICIAL OurRAar-The Cour. of Oyer and Teriner,
Judge Barnard the Bench illness yesterday TO
traordinary murder The Assistants
Distrcthttoey opened the for the Governments dc
interrupted by one OF tho urors who rose and said thar
.cisntious .efap. sss.t hanging Judge Barnard heeuIO
sisted-" quote To the epoftnsL me Juror hea sppnee
him and stated his scupe and that lie had taken the
.ponsbiy laying that this would no, be capital case
Judge Barnard ha, recently done What he could .
degrade the Judiciary by Indecent language from the bench
bring it into dsTepue with loyal men BY hoss
shield traitors he seeks apparently TO strip rom
ii. character for impsra In the administration Of criminal
justice by undertaking decide, in advance Of trial and In
uGspaton o. juys night tho degree Of gt attaching To
criminal srrasued charge Of murder De 90 iguorsns
duty and Of his olen4n responsibilities that The does not
even be- that in thus pruigng about 70
be tried before him. and still In seeking 10 peryert tho
mind Of a Juror, be commits a fragrant outrage. WhAs
security hs. The state against the repeated and cQn.inuour
ma eassuce in Office q such magistrate ths< There Il .
remedy indeed by impeachment bat how long must wat3
ioruf .
Iatrogatory SeeondIf not, did you write in manuscript
any part thereof
iryrogai0ry thydf not did you the same In NAME
, script, OF IN proof. before il puhlshedf
I.errogat0Ty ourh-lf not you not the respcn.
sbe editor TEE TRIBUNE the lith day Of Apr 1904
Iserroga0ry t-f you did not write see before pub
location said do you know who 10 the author %
writer composer thereof did you not know that WAC
to be published!
Interogatoy saIf you know the said author writer
please name him.
The Court states within its knowledge that the follow
nr and u account Of the matter alleged be
ported in the publication Aforesaid.
The Court thus stated:
The District Attorney having stated In open Court hs4
this would not be case for capital conviction he had taken
the responsibility Of Observing the Jurors that this not
case for capital conviction and tina, be would be comps
Juror And the Court states that the matter embraced
In brackets in the copy Of the language set forth In nteoss
tory IL tho matter claims aud accuses 10 be srosy
inaccurate.
Have YOU then generally IN view Of these statements By
the Court end of all the foregoing inquiries allegation or
to make regarding the said subject mAitsf
OF the inquiries, and Of the said accusatonf
| II so, please the fully you desire:
In putting this ineuogsory the Court expressly diseame
the comments attending the pretended asS
te of report included Ia the Aforesaid brackets,
true copy Of the order OF the Court ard OF m'eirosoG
On tie HENRY NAsDERyooRT, Clerk
LAW INTELLIGENCE.