The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-11-14

chewing IL, and there being no eyidenoa TINT In
ezesSng ss ne he % rgHssd ~ any RIOT or
There being no lawful cause shown for the de.
tainer OF the petitioner, Thomson, Will sign an
order for the discharge, and will Also under the
1ith section Of the 43d article Of the code sign an
order for the discharge of Young and Valiant,
on nea M in.o she Ieeognizance 70 appear
After the Judge had concluded, Mr.. Latrobe rose
and said:
May it please your Honor, II is proper should
say that the proceeding by mandamus or ne part
of the Police Commissioners, Young and valiant,
whom you have adludged to be entitled TO the
franchise OF their office, in order to obtain possess
sion of the property and effects thereto belonging,
was that which their counsel had advised them to
pursue from the beginning, and the Commissioners
and their COUNSEL alike regret that Valiant, as
proved by Messrs Fuller and Ball, and referred
to by your Honor, and which am authorized by
Mr. Valiant TO say were his own excusi vely, and
made without the knowled dge of Mr. Young, should
have rendered ~ necessary, In your Honor's judg-
charge of conspiracy to do that by the strong arm
which more peaceful remedy would have law
this connection not been expressed, a mandamus
would have been resorted to, If necessary 10 obtain
the property and effects belonging to the Board of
Police.
The Commissioners will at once give their re-
cognisanees in the sum prescribed. While the
counsel for the petitioners were preparing the ne
cessary papers, Mr.. Alexander, the counsel for
the Commissioners, arose and said that the Cover
nor had not rghtfully removed them from their
offices as Commissioners, and it was in conse-
quence of this advice that the Commissioners re-
solved TO retain olce until the question of title
was properly determined on mandamus. They
state further, that being informed of the decla-
ratlons made by Mr.. Valiant which were proven
by Messrs. Fuller and Ball, they advised the Com
missioners that such declarations were evidence
of conspiracy, for which Messrs. Valiant and
Young be held to answer before the Criminal
Court Of Baltimore city, and that IL was the duty
OF the said Commissioners 10 lay the evidence Of
such declarations before the States attorney for
thereon as he might think necessary for maintain
ing the peace of the city.
disclsim any purpose of joining issue with your
Honor upon any one of the positions assumed in
the opinion your Honor has just delivered. They
desire simply to place themselves rightly before
your Honor and the public
MIR. Horwitz then drew the form for the release
OF Sheriff Thomson, which was signed by the
In the matter of the return of Mr. Thomson,
Sheriff. for haheas corpus, ordered for the Both day
and he is hereby discharged from the custody of
the Warden forthwith there being no legal cause
for his detention.
Judge of the Court of Appeals of Maryland.
Mr.. Latrobe prepared the orders for the dis
charge OF the Commissioners, Messrs Young and
Valiant, under direction of the Court.
The copy OF order in the of Mr.. Valiant is
given, that OF Mr. Young being in all respects
similar.
In the matter OF the petition of William T. VAL
liant for habeas corpus before Judge Barto OF the
Court OF Appeals OF maryland ordered this l3th
day Of November, in the year 1866, that the petit
TONERS be discharged from the custody OF the
warden OF the Jail OF Baltimore city, on the COM
mItment in default of bail in the sum OF $4,000;
that he be discharged from the same custody un-
der the commitment on the order guiring bail in
the sum of $1,000, from his going his own bond or
recognizan ce in the sum of $4,000, conditioned for
his appearance before the Criminal Court of Bal
tmore city, 10 answer the charge OF onspiraCy
therein pending against him.
[Seal] JAMES L. BARTOL,
Judge Of the Court of Appeals Of Maryland.
The bond as required by the above order has
been given.
(Signed) JAS L. BARToL,
November 18th, 1o66
The bond entered into by the Commissioners TO
answer the charge OF conspiring upon their own
recognizancei is as follows, both being similar
Know all men by these presents, That !, James
Young, am held and firmly bound unto the State
OF Maryland in the sum of five thousand dollars,
TO be paid to the said State or to its certain ator
ney, 10 which payment we'll and truly to be made
and done, bind myself my heirs, executors and
administrators, firmly by these presents. Sealed
with my seal and dated this 18th day Of Novem-
Der, 1866.
The condition of the above obligation is sucn
that if the said James Young shall well and truly
appear before the Criminal Court OF Baltimore
city 10 answer, the charge OF conspiracy therein
pending against him shall be void and Of no effect
Signed, sealed and delivered in presence of
JANIS L. BARToL.
Action of Swann's Commissioners.
BALTIMORE, Nov. 13-Evening-The old Police
Commits sioners this afternoon received another
legal notice from the new Board of Police Com
missioners, to surrender all property in their
charge, who also notified Mayor Chapman to at
tend meeting OF the Board at p. NJ. Subse-
quently they issued the following:
COMMISSIONERS OF THE BOARD OF POLICE OF
BALTIMoTE CITY, No l north STREET, Nov. -,
lS66-The Marsh hal and other officers OF the Police
OF Baltimore city, and all members of the existing
police in SAID city, hereby strictly ordered
required not to obey any order that has emanaLed
from the late Board OF Police of said city since
O'Clock Tuesday afternoon, or any order that may
emanate from said late Board at any time here
after.
The undersigned have now entered on the per-
foTmance of their duties as Commissioners of Po-
lice, and there is other authority which can law
fully act a Board OF Police in said city.
Persons interested are required at their peril to
obey This order, JAMES YOUNG,
WIN. THos. VALIANT,
Police COmmi issioners.
Mayor Chapman did not accept the in aviation of
the new Commissioners to attend their meeting this
evening" but it is probable he will do so to- morrow
Marshal Oa michel and his deputy, together with
the detectives belonging TO the force, have re-
sponded 10 the summons OF the ewCommi ssioners,
and will report to the new Board for orders to
morrow. The new Commissioners have an
nounced that ii is not their purpose TO make any
changes in the present force, except in cases of
misconduct ana untltness, and propose to accept
the services OF all the members Of the old force who
are willing to do duty under them.
1t is not known what course the old Board will
now pursue. Whether they will accept the sltua-
or further contest the question before the COURTS is
not known. Should they refuse to surrender The
property, funds &c, held by them as COMMITS
sloners, the new Board will resort 10 mandamus
The present position of this affair causes no ex-
element and all parties seem disposed 10 regard
the decision to-day Inal settlement of the dit
fculty. W wa