The New York herald., 1864-05-04
THE FULLERTON CONTEMPT CASE.

Tho Argument On tho Hsbcas Corpus
Case Before Judge Garvin-Intsrssting
Proceedtngs-Great Excttemont Among
the Lawyers. Sc.
SUPERIOR ooURT-SPgOIAL TERx.
Before Judge Garvin-
MAY 3.-The argument in the Fullerton contempt case
this morning attracted general attention among the
lawyers. Tho proceedings were quite Interesting aud
created no little excitement In the legal fraternity. Mr.
Fullerton was present accordance with the writ Of
habeas corpus and defended by exJudge Dean tho
Surrogate absent but was represented BY Mr. Van
Loon. ex-Judge Smith and others
Mr.. Van Loon commenced the argument and addressed
the Court at length u defence Of the surrogates
course OF action, which hs characterized perfectly
legal, and 10 strict accordance with the Revised
Statutes. The statute gave the Surrogate the
power 70 commit for contempt and the
Court had no power 70 rejudge tho proceedings The
under which the commitment was made out and argued
that upon the face Of the paper, the Court could do
nothing but remand the prisoner back 70 the CUSTODY Q.
arrested for words spoken outside the court why there
may defect IN the proceedings: but he cannot pro-
cure a remedy under this writ. The matter must be
remedied by writ Of error.
Mr.. Dean-You admit then, there may DO defect in
Hr Van Ioou-I admit cor deny nothing Upon the
ACE OF commitment-and you cannot behind ita
contempt OF court has been committed aud there
other for his Honor 10 pursue but to remand the
prisoner back to the custody Of the Sheriff
Mr.. Dean-I glad to see thst the officer who issued
this warrant has appeared by counsel who always
be found IN the Surrogate's office, matter what
comes up there The argument Of the coun
the Court than it has to the settlement OF tho
Dluish- Hosten difficulty (laughtes)-and no lawyer
conclusion For member OF the bar to appear before
say something little out OF the way and after
be left the court room to DO picked up 10 the Park and
thrown into prison something that do not often
hear or To be arrested Tor smoothing that you know
no hing about, and thrown ino prison without any
chance being afforded you for explanation or excuse,
is certainly illegal assumption Of power which
cannot be passed over lightly have nothing TO
between my client aud the Snrrogate but II is
in reference the jurisdiction Of court which arrests
a member Of the bar something said court
has eft the court aud is totally OF the
proceedings, that would speak He should have been
arrested the Of the Court or when the court
in session. he mig have opportunity 70
purge himself. ANY other process is condemnng q man
before he is heard and certainly illegal AZ the time
"Mr Fullerton you are guilty Of contempt, and unees
you purge yourself will commit you on the spot
duty OF the order him under the tmc
that be might have q bearing aud not 70 take him
into custody after be had efs the court rs% and was
such caso as this since the time OF Jefrys According
TO Cowan's treatise, the Surrogate can only commit
whom be is in court 10 this case assert that the
order was made in advance, for words alleged
TO have been uttered by my client about brcaking up
this establishment which ne deoes having used.
Mr.. fuieriou-Yes; Il was probably made out three
weeks ago.
Mr nesu-Le, us examine this warrant Here is the
filing up 10 one handwriting aud the insertion OF my
clients name in another, showing to my mind that the
thing contemplated. Just my client says about
three weeks ago aud all without his knowledge. say
that here was commitment prepared in advance for
somebody and the name Of william sSisrton inserted. @
that the defendant ought to have been arrested as
was ns sag record OF Conviction Sosnss but shs Slip
OF paper, signed Gideon }. Tucker. This IS not
regular process They should have COMO mod with
rour nj An
done in the name Of the people Of the state Of New
York." and not in the name q Gideon J. Tucker.
don't believe that the people, are represented by
Gideon J. Tucker alone, aud I believe the statute
something when says the process must be done
Honor want down 10 the form OF this paper, and
think will show you that tho gentlemen who prepared
begin by saying that the surrogstes Court IS not court
OF record. TIE statute prescrbcs what are courts OF
record page ESQ., srd Revised statutes and me sure .;
being under that head, we ind u Iin the list Of
courts Of " limited jurisdiction AZ page asi
will be found under the head OF courts OF peculiar and
spec nj jurisdiction showing oonclusivey that is not
Included the list Of " courts Of record Dayton on
surrogate Revised Statutes settles that point be-
yond dispute They might well have committed the
peoner uude the warrant act as to do what they did
Indeed, !, think this will be the last commitment OF the
KIND ever made by the Surrogate
Mr. Van Loon--rnas is not argument, your Honor
Mr. Deanwei. suppose that after this the Surrogate
will know how far his jurisdiction extends. The defen
dsnt that the proceedings all taken in
his absence that he committed no contempt and Is ille
81
what and he comes before your Honor aud wants TO
know whether the issuing OF this process was autho
hanson case. which has become historical il was
decided that you could 90 behind the commitment and
all the facts connected with the but 10 this
denied that your Honor entertain any argu
ment except upon the matter OF mere jursdc ioo hope
that in this matter your Honor will be guided BY that
historical case and weigh all the facts connected with
tho alleged contempt that my client, who has ever
been hed IN the highest esteem by the United States "a
well a. by the civil courts may have full aud ample jus
TRAD dOnQh derfnQ
will satisfy the court which issues this hnt there
is ye, such thing e personal liberty. tAppaass:l
Mr. Van Loou-l should have supposed that my learned
frisod would have beeo the las. person in inc
world 70 talk abou, personal liberty: He
have raised on the legal proposi.ioos, bus has
take 10 arragn ell the habit o( trying
ss hs ne Ass
can try me from now until eternity and he viii never
burt me- suppose that every lawyer in this room 70
aware OF the act that Passmore williamson was 70
manded back TO Jail because he would purge himself
of The Contempt imputed 70 him. and reoained 10 prison
ny a. ne .
by which Mr. Fuiierton committed charges him with
having committed contempt. II charges m in the len.
guage OF the statute and Il 10 even stronger than tns
statute itself
Mr. Dean-wh,t ssasutes t
Mr.. Van Loou-Ihe statute under which the ofhcs was
created. II, instead Of reading Cowans treatise,
the gentleman had read Blackstone, think he would
have discovered under what statute the Surrogate gos
hts authority 70 commit for contempt o( Nov on
the face OF the papers II there any rregulary, win
20 eontiemho VIII 10 seeing tnht MI FWiot-
ton fully vindicated but this be at the proper
time and In the proper place They asking this Court
10 . into the controversy which only produces
the body Of the prisoner The practice has been for the
court 10 look 10 the authority aud nothing else. the
Surrogate has no jur rsdction, then wrong but no
has asthory TO commit for oontempt a cesrt then the
learned argument OF The gentleman amounts 70 vesy little
II the defendant committed contempt Of court and thea
Of cosrt before any proceedings could be nsti
tutci against bin, there nothing irregular 10 seadiog
commitment after him Ia this case the commitment
says face that be was guilty Of contempt and the
language d the statute " used 10 making out the paper
Mr. ncan-isay s no, n the language f tbs statute
Mr.. Van Loonl say u is stronger tben tts Ian
guage OF The statute merely submI that thh process
on s face shows that the oontempt has been committed
10 other words, the commitment valid 10 noe ana
being your Honor must remand shsprsosss beck 70
the custody OF the Sheriff II may bs that tho Surrogate
committed some irresulary. be did, why, no one
viii dispute their right 10 obtain redress By means
writ Of error
Mr.. Dean-I did not intend TO reply 10 the remasu
the OF Al o. his