The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-19
THE CASE OF ROBERT MARTIN.
Service OF a Writ Of Habeas Corpus upon
General Hooker-COnf1iet Between the
Civil aud Military Authoritios-Return
40 the Writ nd Argument i'm Relation
Xcr-


40 the Writ and Argument in Relation
Thereto, &c.
SUPREME CoURT-cHAMBERs.
Before Judge Leonard
Tho habeas corpus in relation TO Robert Mariin
present confined in Fort Lafayette, again came up
yesterday. On Friday 1t was decided that no proper
service Of the writ had been made had been given
TO General Van Buren, the absence OF General Hooker
who remains very Ill The writ, however, subse
quenty upon General Hooker in person. to which
the following return made yesterday at twelve
o'clock
IN rHK MATTER on THE APPLICATION or ROBERT MARTIN
To HasoRABLx THE SUPREMs COURr or rHx STATE or
i tho subscriber. Joseph Hooker In answer and re-
turn the writ OF habeas corpus issued by OF the
Justices Of the Supreme Court Of tho state of New York.
do certify,
writ Of hsbeas corpus, s now. and was at the time Of
issuing said writ. lawfully IN my custody. as Major
manding tho Department Of the East at the city Of New
York and that said Martin u now. and OF the timo
Of issuing said writ under my custody and detained BY
la xfuI order ehe President Of tho United States
said writ that annexed hereto copies OF the orders
under which tho said Martin is and al tho time
Of aa x = Ga ns sd o. "a Mare
tin for the trial of which said ordos were issuedsand
delivered to mo, are hereinafter specifically mentioned.
Robert Martin now. and at the time Of issuing
said writ. duly detained and held In custody by tho
OF tho United States, and by authority Of tho United
States for trial. according to the laws of, the untsd
States before the proper military tribunal or comm sson,
now heretofore and al the time OF his arrest exist
ing in the city OF New York. for military offence. to-
wit: for having or about the month Of December
1854 with his confederate Kennedy (slnce that con
vic ID and cxcuted and other coufederates and spies
OF the so-cailed Confederate government will.
fully. wlckediy and feloniousy fire to tho
cifv re Nav In 9dtt
the rtain buildings and public records be
ongrng to and The property OF the United States, with
laws Of war and in aid Of the rebellion against the gov
ernmeut OF the United states and in violation Of the
Of tho United States and for the offence OF being
spy Of tue called Confederate government at tho city
OF New York durng tho rebellion against the said gov
eminent OF the United States on or about The month Of
December 1864
fo4,tl-And further certify ana return in answer to
the sud writ that pursuant TO the provisions IN that re
spect contained section OF the act Of Con rcss
passed barcrS 1903 entitled Act relating 10 habeas
corpus and regulating judicial proceedings ID certain
cases tho writ of habeas corpus was by The President
OF the United States duly suspended throughout tho
United States and Suspended at the time Of the
said at of the said Martin for the offences aforesaid
ana at the time he held aud detained Tor trial by
military tribunal Of tho government OF tho united
States
The undersigned therefore for tho aforesaid.
without intending any dsrepect to The process Of or TO
this honorable court. respectfully declines 10 produce
said RobertsMarti1
JOSEPH HOOKER Major General
Sworn before me- this 18th day Of pecenber 1885.
X G. EfIoTr, Notary Public. NV York city
The following are the orders alluded ton Che above
WAR DEPARTMENT., ADJUrAsr GESRRAI.s OrEcr,
WAsmsGTos, Nov. II, 1896.
Major General JossPn HOOKER Commanding Department
Of thc East New York ci:y:-
Sse--By direction OF the President Robert Martin,
OF Canada, now in confinement at Louis
VILE KY has been ordered To be sent 10 Now York and
delivered yor for trial befors military commission.
inclose herewith copies Of the yapers rcirng 10 the
subject am SIC, very Respectfully your oesa,ent SCR
want. T. ID. TOWN END.
Assistant hd3utant General.
WAy DEPARTMENT ADJgTAsT l.ESEGAI X OrEiUR
WisHsGTos. Nov ~, 1865
Colonel NJ. PAtMEa. Commanding Departures! Of Ken
The rnsdent directs that Robert Martini soncr at
Lou lie be transfer to Now York. and delivered "
General Hooker for trial. Acknowledge receipt
r. u. TOWNSEND, Assistant Adiutn.t general.
Mr. : G. Courtney appeared on behalf or General |
Hooker and read the return In company with tho peposs
attached thereto
Mr. aroque moved for an attachment asasnst General
Hooker as he returned that he held tho custody
ba, did not produce hun Tho law requires that the
Mr. s rs bn hs .s tho pro-
ceedng az very serious and important gaes OF to de
termne He had consulted the highest authorities upon
tho and would not have advised tho rcturn ohal had
been made without duo consideration
Mr. Courtney then cited several cases To- snissaDtatc
his claims and remarked. that in vw OF tho fact SET
forth the and that the party was hsc uder tho
Of the United States. he should move for dismissal
81 tho writ He offered ab'e and Lengthy argument IN
support of h:s
Judge Leonard remarked that there use in him
cOAne into the merits or the case without having tue
prisoner brought before him.
Mr. Isroque said that had falloD. 1ans sstpngc
times we had gone through four years of civil war IN
which was not be wondered at that OF the
stitutiols landmarks had boon lost sight OF When the
war was over all supposed that would Go those
With more zeal than IL, wes sorry 10
see that tina, hope had been doomed % diHpp0 nmont
fhc writ Of habcas hal been suspended by autho
rity Of the President OF the United Stetcs was the
subject Of disc salon between honest men rs W
the power OF the Presld Mt suspend a writ lresi
lincoln thought he possessed tho personal authority
After some further discussion the case, Judge Leon
ard decrced that the paty should DO odsccd 10 court
At eleven O'Clock Wednesday morning, and II such
had not been done by that time he would he compolod
70 ssre m attachment agaust Gcucrsl Hooker.