Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1865-07-03
CONFLICT OF AUTHORITY.
Writ Of Habeas Corpus Disre'
garded.
Guard ORDERED TO RESIST THE
SHERIFF..
From the Philadelphia Bulletin, Friday.I


Yesterday afternoon, about four o'clock, Mr.
VIM. u. n. COzens lately on trial before n court
martial in this city, was arrested while passing
through Washington Square. The arrest was
III ade upon an order from WASHINGTON, bu' no
cause was assigned As the finding OF the court.
martial in his case has not been announced il
was not believed 10 have resulted from the ver-
dict and a. soon as the case was called TO the
attention of Messrs. DougheTty aud Brewster his
counsel, they procured writ Of habeas corpus
from Justice Thompson, Of the Supreme Court.
Immediately aft:r the writ was granted, the
Sherihs officers went TO the barracks at Fifth and
Buttonwood streets, and exhibited their authority.
Colonel Frink, in reply 70 the question whether
he intended TO obey the writ and produce the bo.
DIV of Mr.. CoEens, said, "No; not unless be re-
ceived orders A return was made TO the writ
by the Sheriff, and upon this an attachment was
issued for the Arrest Of the parties named In the
writ of habeas corpus made returnab!e this
morning OF ten o'clock.
At the hour named there was large attend.
ance of the members OF the bar. After few
minutes decay Mr. Charles Gipin, council for the
Sheriff m lde the following return:
henry c. Howell, Sheriff Of the City and County
of Philadelphia, TO the within writ makes re-
turn.
That he was unable TO attach the persons with.
in named, viz II. A. Frink, David P. Werner
Henry C. Perry and Joseph A. Kaufman alias
John Milton Johnston and have their bodies
before the Hon. James Thompson, AS with n COM
manded, and that he was hindered and prevent.
ed aud resi- ted in the execution the eof by the
said prisoners aud large force OF persons whose
names are at present unknown by reason Of all
which he, the said Sheriff, is unable TO have the
bodies of the said persons as within COMMANDED.
HENRY c. HOWELL, Sheriff.
Philade' phia June 80, 1855.
Mr.. Brewster claimed the right to examine the
deputies who served the attachment in order that
Al. .fan hn n ard
of the writ should appear.
Justice Thomson said this was an undoubted
right and accordingly the Sheriil's deputies were
called.
William Address sworn.-I am a Deputy Sheriff;
| received this attachment about eight o'clo, k
last evening, and in company with Mr.. Ashton
and Mr. Balm two dsput cs, went to the barracks;
the parties named in the atts clmcnt were poin ed
out 10 us Mr. Ashton commenced the converse
ton. and told Colonel Frink his Grand and re-
qested him to along with him; ne told Us he
would not go; told him that our orders were i'm
perativo aud that we were Obliged 20 take him
and nut him in Moyamensing Prism until morn
inc. Colonel Frink said These are your orders
10 take us anyhow" | told him yes, that was
what we cane for, and VIC wanted possession of
him he said he wond not go along with us that
he was under the orders of General Cadwa!ader !;
we talked with him and tried TO persuade him TO
po he said be would not 20, and II we wanted
mu,t take him, when he said, & You are going 10
| bs stiT about IT, are you ;" and then rang bell
and brought in the officers OF the day; he order
ed the officers to bring out the guard he did so,
and placed them before the door, thought We
had no chance-three Of US against the guard
thirty or thirty.fve men the men were armed )
Coo5el Frlnk said he would see General Cadwsl
ader and be guided by his orders.
James Baines corroborated this statement oil
| Mr.. Address.
At the close of the evidence Mr.. Brewster said
The case OF forcibe resistance TO lawful writ
is, thank 5od, 80 exceedingly rare, that counsel
NAV be pardoned for being embarrassed by the
emergency, aud hardly able 10 suggest anything
for the consideration of tbs court. We have
only 10 say that we trust that reflection aud con-
sultation with friends will induce these parties to
| change the position of this case. We are con-
tent therefore if 1t meets the approval OF the
Court that the matter may here rest until TO-
morrow morning, in order to see II the parties
change their mind.
Justice Thompson said he approved OF this
course. In the meantime he desired counsel 70
look at the presidents and see what is the nexi
step in case like this, taking for granted that
there has been resistance. He desired TO be IN
formed whether the application for assistance "a
execute the writ, should be to the Sheriff Or the