The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-08-11

COURT or COMMON pleAs-cHAmssas.

Argument ON tn0 Habcas Corpus-Forcy His
Own Lawyer-He becomes ElOQaent and
Breaks NEUTRALITY-SUSPICIOUS. Legal Dis
cussiOn-Percy demanded 10 Jail, go.
Before Judge DAILY.
Aua I0-Is The Natter Of John Percy, for ConsempA-
The court room was crowded this morning with lawyers
and others Interested In the Percy contempt case, and
unusual importance attached TO proceedings which
at first promised be Of SO little interest in legal
point Of view. The redoubtable Percy was promptly in
attendance, accompanied by deputy sheriff, and man
aged his cause with great deal Of ingenuity.
The proceedings were opened by the counsel for the
Sheriff. Mr. Cumming. handing the Court the return to
the writ OF habeas corpus The return stated that Percy
was held in prison by virtue Of commitment Issued by
Judge Barnard OF the Supreme Court for contempt the
original copy Of which was attached to the papers ,.
words to say on this subject.
Judge Day-Let see the return arst II you please
This is matter In which afraid cannot Interfere.
Mr.. Percy-Wili your Honor hear me on the sub1ecu
Judge Day-It will be waste Of time, think IL has
been decided time and time again that there Is no appel
late tribunal to review contempt Cases .
Mr. PercyL understand 1t has been decided quite the
contrary don't want TO be heard upon the merits Of
the case but merely as to the Jurisdiction Upon That
judge DayI win hear you upon the point Of jurisdic
ton that Ia the only which can listen TO YOU
Mr.. Percy-After refreshing himself with glass Of ice
water then proceeded to open his CASE pefacing his
not BE- prsadosd By anything which had appeared in the
newspapers
Judge DAILY ensured him that newspaper articles would
have weight In the matter.
Mr.. Percy-Let me say them your Honor, that Judge
Barnard had Jurisdiction In this at all There
papers here to show that was guilty OF con-
tempt and the judge acted In open violation OF the law
when he sent me to Jail. Now suppose was debarred
by the Supreme Court Albany that only prevents
from acting for otherst does not prevent me
from appearing for myself The moving papers in that
appear Judge Barnard knew this aud notwithstand
ing that he decided that had no right to speak evon
debarred by tyrannica set OF judges without no
ca hni OF mai n
ngs there reflected more dscredit upon the Court than
they did upon me- But that matter Z not finally DO
cided. II has TO 90 to the Court Of appeals yet
Judge Daly-You arc talking about matter now that
know nothing about
Mr.. Percy-Wil your Honor repeat your last observa-
ton am little deaf
Judge Daily repeated his remark.
Mr. Percy-I called upon in that case before
Judge Barnard to defend my interests, and whom rose
to speak was ordered to sit down and 10 hold my
tongue just tho negro offender before the Recorder at
| Troy was years ago.
| Counsel for the Sheriff. think this speechmaking
do tho gentleman very little good Your Honor will
that he has neglected TO traverse the return
| even. That is the end OF this case
Mr. PercyN is certainly very improper for the gentle
| man to interrupt me IN this way.
Judge Daly-The point of there being traverse to the
| return is well taken and -
Mr. Percy-But there Is nothing to traverse when you
! come to look into the case.
Counsel for the Sheriff. insist your Honor that the
| Mr. Percy-Now insist not being interrupted The
law all Of contempt requires interogatons TO
be filed before there can be any commitment but in
this case there inerrogations od there
chance for mo to be hoard and was condemned with.
the form ola trial With all due reference to
the Court claim that contempt cases, under certain
circumstances, can DO reviewed by another Court and
would quote the OF Yates in the Fouth of Johnson
substantiate my assertion In that casa the Court OF
Errors reversed the proceedings Of the lower court be-
the commitment did not state how long the party
Counsel for the SherT--Yes; but in this the
mitment does state the length Of time-thrIy days.
| believe.
Mr. Percy-Again I ask you not to interrupt me.
don't want to be hard upon you but you must not inter
lengthy haangue in favor Of personal liberty claiming
that he victim OF awless ard tyrnnnical judge
Then scanning the commitment carefully Tor lew mo-
| ments he resumed This commitment Is certainly de-
fecve upon It's face. II does not state where am to
be imprisoned or 70 whom | shall be handed BY the
sheriff. Percy DO sent TO the Aston House or the
state Prison Just we'll 10 the Ludlow street JAIL as
far as that commitment. goes and tie parties who i'm
the newspapers have said great deal about this case
which untrue Percy fears not tho newspapers except
deal OF mischief This trouble all originated IN q
newspaper office Tho Albany kvening Josrnal
just out Of rcvenge-nothing else hope your Honor
beng provided for in Jail whore have the best Of
treatment, and living at The expense Of the county am
much better OF there than Dogenes in his tub when
he told The great King Of Maccdon to stand out Of his
light. Yes can ide my time, and Judge Barnard had
better care for have better lawyers than him
on my back many a time, and have shaken them on
with ease. will contest this case in all the Courts and
4 fail at the Court Of las. resort, win take il 70
Counsel for the shenn-The papers In this case show
that the contempt was committed In open Court. This
being tho case no nleo2aorcs are necessary and the
second Revised Statutes give tho Court the
power TO- commit tho offender summar;ly, on
the spot Your Honor eau have hesitation Ia dscid
ing the matter immediately, l should think.
Mr.; Percy-There would be no harm In tho Court re
matter might have that attention bestowed upon which
| Its importance requires.
push the case He has no further interest 10 the matter
than de- 70 see the dignity OF the Court upheld
proper course of Legal proceedings should say hope
your Honor will take sufficient time 10 look into hs
a'.sr TOR eeedng such =; TINS IS fatal 20 the Dsr
speaker in the heat Of his argument swept OF the
Judge Daly-As I SAID before, IL is we'll established
tina. contempt not wabe except under
certain circumstance, where there Is no jurisdiction for
| instance.
Mr.. Percy-Thai is il your Honor Judge Barnard had
no jurisdiction. He committed me without giving me
| Judge DaIy-Yes; but no Ind the right under the
statute TO commit Just he did II not necessary
to file interrosatores when the offence was committed in
MT Percy-But how do you know that I was guilty Of
contcmps There is no record or any proceedings save
Judge Day-I have oil the facts in the commitment.
Mr.. Percy-There is nothing in that. II Is merely
Judge Barnard's opinon-that's all.
Judge Day-So far cannot SEQ that there Is any ir.
regularity in these proceedings but as you say IL lie
| slider the case carefully, l viii adjourn IL for few
days.
DIT feIcv-Inli wien VIII tho pttsoutr pe fcUAnusus
your honorf
JGdse Day-Untii Monday at eleven O'Clock
M. Percy Qceng quite eatedl-I cannot suffer much
by few days Imprisonment aud matter OF princi-
pie will Ike Gen. Grant "nght The out this line
II IL takes all summer
Exit Perry In charge OF the Sheriff
|
COURT or GENERAL SESSIONS,
Before Recorder Hackett
SENTENCES
AT the opening Of the court yesterday morning the
Recorder senenced the prsoners who were rnanded on