The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-04-27
THE GREELEY CONTEMPT CASE.


The Effort 10 Take the Case Out Of
Judge BaYnard's Hands Abortlve-
Judge Marvin Refuses 20 Interfere I'm
the Matter, 40.
eUPREMB C0URT--ePECIAL TERM.
Before Judge Marvin.
ApnL 26-7Ae People Vs. Horace Greeley applica
tion for writ OF prohibition IN the Greeley contempt
denied this morning By Judge Marvin; 10 that
the matter entirely in the hands Of Judge Barnard
who win mako proper disposition Of the case when tho
time arrives the opinion Of Judge Marvin Is sabo
rate one and fully sustans the action Of the Court OF
oyer and Terminer After giving Of the case rs
II stands relating what efforts were made TO OBJ.
tain the writ Of prohbion the Judge procseds TO deny
the application in Tie following language
It duty imposed upon al courts TO preserve order
10 coprt and see 20 Il that s proceedings are not nter
are not and the statute TO enable tho court
discharge that duty oonfsrs the necessary powers
make the accusation causing the party accused 70 be
tfed and giving him reasonable time for his defence
statutes recurring certain facts 70 be proved 81 adavts
before the court 10 authorized 70 issue certain process
specified In those cases the Jurisdiction depends upon
the preliminary proofs shown In the manner specified by
the statute do not regard IL % In this case
70 enter upon . discussion Of tho province Of the
and the cases cited is enough to say that this writ.
issued out Of this COURT 70 restrain subordinate courts
and inferior judicial tribunals from exceeding their uris.
New York Reports page a. the Court Of Oyer and Ter
miner about 20 grant new trial In case Of oonvic
on for felony In that COURT and this court prohbited
that from granting trial. on the ground that
II had NO jurisdiction upon that subject The law e well
settled in numerous In this the Court Of Oyer
and TemneY jurisdiction touching contempt and this
court has right 70 interfere touching the practice Of
that court Complaints are made 10 the proposed writ
touching the and tho future proposed pro-
ceednge. With these questions this COURT upon this re-
ation has the proceedings or the Court or
Oyer and Termner hereafter shall be improper which -
not to be supposed the law provides the aggreved party
with ample rsnedies In my opinion the relaor has not
presented such TO this court ustes 10 inter-
ferng by writ Of prohibition and the motion must be
denied.
COURT OF OYER AND TERMNER.
Before Judge Barnard.
APRIL 26.-7As People Horace Greetey.-The court
having opened with the usual "Hear ye," District A..
tornsy Hall rose and stated that Deputy Sheriff Riley
having served the attachment upon Horace Greeley the
evening previous, OF the Tribune Office, the defendant
would not appear this morning to give bail, as agreed
upon. he was informed that Mr. Greeley gave bail in
the sum Of 000 his own recognizapce to appear
eleven O'Clock Thursday morning. that the matter
was disposed of for the present.
MURDER SENT TO THE GENERAL SESSIONS.
The contempt case having been disposed OF, Mr.. Hall
announced that II was impossible to the attend
ance OF jurors in consequence OF the moving season. and
suggested that the murder the calend0r be
transferred the Court OF General Sessions where they
could be disposed OF next month.
Judge Barnard thought that 1t would be well to dis
charge the petit jury for the term and directed the
clerk 10 make the announcement.
The court then adjourned until Thursday, at eleven
O'Clock, when the contempt case will be disposed of.