New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-14

IN h6 matter Qfe application ~ Jams 1oung VIM ,t
Valiant aud W Thomson for Ws Of hGbsds e0fps-o
the code Of public general laws Jurisdiction and power are con
erred Of the Judges Of the Court OF AI2e5 70
grant the writ Of habeas corpus TART I3 section ~ 10y he l
Of the article any Judge whether IN Court OF gu,
Court who shah refuse the writ 20 party entitled Is maae a
poyed for the summary yndcaon OF the right Of personal ho
ely when s .osmS S s nSSe IKE and laws
writ Of right which Judge Is at hhey TO refuse 10 an! ea
where by law the petitioner entitled 10 H. Ry the act OF
chap 80 which repealed the Sd section Of net - OF the
code, IL enacted:
Iny be committed detained for crime q under any
pain BY petition o. the judges mentioned the
s.s wIi G1 q tSsa' eSSu
Whose custody the psIy !, detained enc ,han e he
Teon detained shell no, be committed q detained Tor Treason 6,
convict OF in eG, cation BY legal process
The act then goes on to provide that n the person be detained
nted y him shall be accompanied by copy OF the Of
commitment deiRner by affidavit that copy thereof
anne WAS neglected or refused to given In these cases
petitions accompanied With copies Of the warrants OF com
miment certified by the clerk Of the Criminal Court Of Be
and the Of detention not appearing 70 be WhI
he exceptions OF the act Of leg the wlis we're issued
They have been returned by me Warden ana We -
brought before with his certificate setting forth ne causes
Of deiainer and Imprisonment These Will be N! duty oeI
anime PM before doing SO n Is necessary 70 hoee ok sus
gested by the petitioners counsel Iwoo the copies q com
furnished by the clerk and fled before with the
peons were a. follows llhe comHltntns Net uth feo
and a commitment In the words Of William Thomson by
samuel sparkin Coroner. in these commitments me
required TO answer not stated. With the return
margin Amended commitments. November 3 is6C"
Ihe commitments against sheriff Thomson were also read
remembered are here dealing with tic proceedings Of
Court Of Record and TO the records OF TIE Court q when ne
warden refers in ycrhcdUn OF tie truth o bis return The
records have been produced and conform 10 Tie return u this
particular u the charges upon hch the parties were arrested
stated in the original respectively aid appear
upon the records Of the Court not necessary that they
should bc stated in the warrants Of commitment ia Barns
session other Court Of Record tie record itself
or the memorial thereof which may % any time
he ~
seal Here the first commitment IN general WORDS IN dciant
az hail 10 arpear and answer must b intended refer the
ocrse charged the original warrant Of arrest ard appear
commitment afterwar truly stating therein the onepse
elsrlrd committing the party for and
different ohcsse This objection 10 The return is nor
.lstnincd and my duty il 10 deal with them in the
light 81 the evidence a,duced Gnd 60 determine whether
for any AID for what cause alleged ne puuoneis are
lawfully detained and decide whether they are
entitled he discharged with withou, la proceed TO
consider the legal affect Of the reiun and 20 deede Low lar
toy conclusive under the laws Of Maryland regulating
ceenfs under these wriis In pacing upon ts question
To altogether mmaica 20 consider What may hare
been the power Of the Col acting Under the Vit AZ ire com
lav the power ~ The Judgc pnder the statute Of 81
charles I'D Our act u 100 ch .5 IN M terms like he
bon. the many Of he Authorities cited IN
ment - the Pndus counsel would b. conclusive and bind
INC upon but the prov of the act 81 lst material
II ch5nrcdty a. rs by the code which last
though not 10 The hcntca words consde The ssme IN con
sirucIon f ehcc as The act Of sA Ny Hard ~ M Work
hntcs coas after stating ne ralio1s decisions OF the
fph copli under hc statute Of Charles and the conflict OF
ulgon among the dgos ts construction concludes
c result ~ Lo whole that IN commitments for criminal
supposed criminal matters he ruth Of the facts stated in the
niiFn HIn uheL INC commitment was ioaid eod not eher
law uudf the hahen cofpns act 3 Car - 20
h. Win view 10 The ah~o PIE discharge ~ ne
rriouof a. 90 An croi was made IT, Loo 20 amend the
nw ~ act o Parliament but vas not n'cetsaL Tie author
~. ever ~tsb bad been lie discussion upon
Ls ~ 5ass ~ $50 ys "a .irssr,ss a, "a Am''h Jaw"
II, uou the tnu STATE laws this subject and
BIB. enumeration bot the act u isl5 and the code
viii ,hoa that state not behind ans In Is legislation IN
Tersona liberty and ia rendering his wit eaeciaa
ol arcon great cod hcailn the eit
~ ou ieEH confinement thc i2tt ttou Or his code Is
40, ., 1le,s Instance p hose Ssis VT, 81 ss.s
i al ts ne ma sie o. or nav u any mattel b, hich a
'5 'h. ne = ng' ,a'rt cause ier ~. assniion Or
,sHE fihc ohesT Or other msks ne s'aIH ,ha issue
g. ran sash process shch As b. rscl snd enforced like
sssI af from courts OF law ere '.',ei and en-
aiacd BY hi' Otherwise Il the masriay o. 'eeh 'e't
nder Li. law under the Pcnnslyanin statute which
similar In rs visions the Judge viii look beyond
The commitment n criminal and hear extensive evidence
and go examination Of facts in order 10 ascertain
whether hee sufficient legal cause for the detention or
confinement such has been The uoOn Of the set OF hA
IN Maulsly case o. Md or said with the oppu
laou Of he Court Of Appeals
crime PslsH fo the Judge, He~ misleading the aTrsB "
ist osI 70 .Isun~ s.,oay aud to dssrsns upoa proof
u The sl ground Of The scei'nion and 10 bail d
In their ca'cs oil eor- ia pleading have been wsiye sud
evidence adduccd b. considered not ini the
ng The case and declaring upon The sl OF innocence OF he
parties accused Ny Office undsi the wiz stops lar short OF
the return the proof there any probable ground for the
accusation whether the arrest aud detention without
su the charges against these petitions set forth
the different and rest upon different proof must
nnH consider the separately:
I7r.f A. to the charge Of conspiracy against Young and
Valiant Ibis has been already Judy set out ~ continued m
tie warrant that issued upon oath 10y court
charging nm indicfablo ohcnsc There can be- no
doubt that With reicIenee TO the title OF Young sud
Valiant 10 the OF Police Commissioners and assuming
that they d. s entitled TO the Office and It. Jaco In the
Of their duties As such the conspiracy charged IN
hf aid Ianlln ureih
son the aeoa and hands OF the building held by them how
ever Wrongy would he nm indieade oensc - tending to
r,nch OF the peace aud i settled In The Stale Buchanan
Is II. n j. 80 that a conspiracy ~ do any unlawful
act j. an indiciictnble ohens~ On page ~
The snps there nothing ia the objection that 10 punish
conspiracy when the end j. not accomplished would d" u
punish uneNecuicd intention IL not the bore ine
made substantial otcnse b, the Of the object intended
be- effected Looking to hc testimony Of fllsr and a a.
cnt ons himself aud Young taken IN connection with
tho accompanying acts and circumstance am OF the opn
ion there a probable shown for their arrest and
detention under tbs charge and that " Is my duty 10
hold them 10 bail 10 answer the same The Criminal Court also
has full jurisdiction sud authority hold them to bail TO keep
The peace the ordinary aud legal on IL appears however,
Count passed the follow ing order. The order Tead and
s Of commitment set out In the return as legal
ea ae 'o by What authority he Judge Of the Criminal
Court passed this order None oI tho counsel who hnd
ere In nnuor OF Inc return have suggested any sound
or plausible by which the exercise OF such power
and Jurisdiction 10y that Count be supported under the curse
special Injunction restraining these petitioners om eher
ci,inQ public ohco Ill their title IL tried and decided by Law"
Certany II requires argument show that the Criminal
Court had power To pass such order to commit the
parties jail Tor refusing to comply with ~ ana inst su9h
commitment furnish no legal for their detention IN
ocr y understand he effect of this order and the ciIcun
stances under which twas passed snecessa e lolhe
1.,ts cosfd Ia the evidence before Under tue ponce
aN of the CATS OF Baltimore cd Code Sections 900 To sl a
The amendments thereto by the act OF 1867 c J Sanuri
nes aud Nicholas L. Wood had been elected by The General
Isseng Police Commissioners and duly commissioned
qualified and acting such by the act Of s5' un1o Nhch
hcv held theiF Office IL l. enacted
W Fr acs misconduct any Commoner may be re-
moved by vote Of the two HSa 20 Of the oen'i A'