The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-08-16

O Where do you liver A. decline 10 answer, by ad
vice OF counsel
q. What rs your occupation? A. decline 10 answer
by advice Of counsel
O. Have you anything to say, and so what relative
To tho CHARGE here preferred against you9 docne
To anawer, by advice OF counsel
Justice Ledwith TO prisoner You are committed for
trial.
The prisoner was ordered 10 be committed 70 the
Tombs, and left the court in charge OF an oiicer.,
THE CASE or BROWN AND GEHEvfEvE AGAIN.
At this stage OF the proceedings Judge Stuart made
Of his clients be proceeded with Justice Ledwth said
that he had adjourned tie at the request OF Mr. Nc
Keon and his Judge s,uart's) representative until
Judge stuart-My clients are committed TO PRISON,
and have demanded an examination from the very hour
Of their arrest protesting earnestly but very respect
fully against their farther detention and they TO be
heard now through your Honor Now tho people are
supposed 10 bo ready 1T ali times
Mr., hckeon-I want 10 ray here that einGe this ad-
Jonrnment has been made have sent away one OF nry
most important Witnesses.
i Judge STUART cannot help that That ~ your
business, not mine You have no business to send WIT
xcsecs away when citizens locked UP without law.
There ~ not particle of proof against these people that
Ireprcscnt ask your Honor to discharge them, either
upon their recognzance upon such proof AZ may now
appear before you They were seized without warrant,
put IN Silent and secret cells and one was permitted
TO hayo TO them except officers counsel for the
complaining parties, who resoed to appliances to extort
from them confessions pretended confessions defiance
Of law and of justice Without these admissions
which were exored from them there not one particle
of proof against them am confident that your Bonor
will not hear evidence obtained that way They were re-
fused permission TO their friends and only per
mtted to see the officers the parties interested in
their arrest and the counsel Cor the bank They were
not even permitted 10 see counsel for themselves.
Justice Ledwth--I would say that, 30 far as am
concerned i instructed the officers very strictly upon
that subject that counsel should be permitted 10 see
them at all tmes
Judge stuart-since then your Honor's order has
been observed strictly but previously they were threat
ened coerced and inveged into statements and repre-
sentaons--a part OF which put into their own
mOuths-which IL is pretended now TO be made evi
dence against them.
Mr.. McKeon-For fear my silence may be considered
as assenting to all the language OF the counsel must
say that great portion Of IL not exactly in conformity
with the facts have doubt that he has been in
formed by his clients In the interviews which have
had with them took very good care not to have such
interviews with them aone) they neither Of them ever
iDtimated that they wanted counsel
Judge Stunrt-They were told expressly that they
could not and need have counsel until tho examina
on before the magistrate over; that they could MOI
see their friends They did see Mr. McKeon they were
threatened MIR. Mckeon took from their mouths state
ment Of circumstances and facts (wha it precisely
don't know committed to writing, and which sup
pose IL in his pocket that is the truth, for
believe my clients in what they say to this matter
and they tell me things which, II true are dsgracefu
Mr. McKeon-Wbaiever disgrace is attached TO me In
this matter am willing to carry; am not going into
discussion Of how these people arrested, how
they were treated when they arrested. Whether
their confessions will amount TO anything is question
Of law shat will come up hereafter and the crcum-
stances under which they taken will have TO be
developed SO far as concerned. no threats, TO
intimidation, no Inducements were held out TO them to
make confession, for knew confession wonld not be
worth one cent under such circumstances. We are not
70 trouble ourselves at present with this matter The
only question Is what is 10 be done about This nd
,,u.nnon. .-hch the Court has already ordered
Justice Ledwitn. .dve ordered the adjournment and
that IL the only question before us. .' ',--
Judge Stuart-My clients ask your Honor upon what
authority and by what right they detained In prsonY
What proof or evidence is there which shows aught
against them? Where Is the testimonywhere s the
cuser2 Why they kept in close confinement, in hot
small cells Allied with verminY IL II done TO collect
civil debt-to money from them which IL is sup
posed they may have received from this most unoru
nate tJenkins2 Where IL the proof-where s there
any afldavtY
Justice Ledw h-Thcrc is well grounded suspicion.
Judge SuurWhere is it9 Your Honor is acting from
good motives but who says anything against these peo
ple--thie man and womanY
Justice Ledwh said he had NO doubt of his right K
commit them for reasonable time and he did not
| u abuse the privilege
There being fa,her proceedings the then stoot
adjourned til Thursday, at ten O'Clock A. NJ