Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-11-05
EXTRA.
LATE FROM BALTIMORE.
THE WRIT OF HABEAS CORPUS.
THE NEW COMMISSIONERS STILL in
PRISON.
THE WARDEN HAS NO CONVEYANCE,
HE SAYS.
HE DOES NOT PRODUCE THE PRISON.
ERS UP TO TEN A. M.
RETURN TO THE WRIT EXPECTED
AT ONE p. M. TODAY L.lt
LATE FROM BALTIMORE.
THE WRIT OF HABEAS CORPUS

BALTIMORE, Nov. Sat nine o'clock this
morning Judge Bartoi, Associate Judge of the
Court of Appeals, appeared In the Court room
OF the Cicu Court and took his seat on the
bench, sitting in banc, ready to receive the re-
turn upon the writs of habeds corpus. At few
moments past nine Judge Bartoi inquired
whether the wrIts had been served upon the
warden of the Jail
Mr Latrobe, IN behalf Of the new commits
sioners, announced that the writs had been
served at seven O'Clock tn S morning, and ad.
ded he had Just learned that the warden of the
Jail had been at the court house this morning
about nine o'clock, without the prisoners; that
In reply to an inquiry made of him, he had
said his means of conveyance were exhausted,
and that be had come hither to get a supply.
Mr.. Latrobe added, in a sarcastic strain, that
he thought there were other hack stands mu CHI
nearer 10 the Jail than the circuit court room
He would not say whether this was or was NOT
merely a continuation of the other side to con /.
sumo time. He did think. however, it looked
like IT.
Judge Bartol reminded the counsel that the
warden was not obliged to make a return
instantly. as the law gave him three days in
which to make his return.
Mr.. Schley said he considered that the in.
tent OF the law in that particular was that
three days should be the utmost limit and that
unless there was some unavoidable impedi.
ment, be (the warden) was bound to produce
the prisoners without delay.
Judge Bartol said the writs were issued by
him, ~ o'clock on Saturday evening, but i,
appeared that for some reason they were no,
served until this morning.
Mr.. Schley begged tina: the court would wait
a reasonable time for the warden to make his
return and produce the prisoners.
At 10 O'Clock the Court was still awaiting,
and the prisoners had not been brought IN.
tsECoND DIsPATCH.l
COURT Room, Ii o'ciock-Atter WAITING
some time, and the prisoners not appearing.
Dir Horwitz, on behalf of Sheriff Thompson.
said we have now waited one hour and "a half
after the hour named for the return of the
writs, IL was apparent that the Warden was
seeking pretexts to delay. He had come to the
Courthouse early with prisoners for the
Grimm al Court. which did not meet for an hour
or more after his arrival, and had not brough,
the prisoners far when the writ OF habeas
corpus had been issued 1t was
frivolous in him to say that he had not suf.
fcient room in his conveyance to bring them.
but, ne added, they were not without a reme-
dy. The law made II the duty Of the warden
10 make prompt return. to show some good
and sufficie reason for delay He therefore.
on behalf of his client, the High Sheriff, pre-
pared petition that his Honor would COM
mand the Deputy Sheriff TO forthwith bring
the warden before the Court, together with the
High Sheriff.
MI Schley SAID he would, In behalf OF his
clients, have a similar petition to offer.
Mr. Alexander, the counsel for the commits
sioners, now appeared and expressed a desire
TO be heard on the suject He understood the
warden OF the Jail was now IN consultation
with counsel, and he had no doubt some re-.
turn would shortly be made
Messrs. Schley, Latrobe and Howitz desired
to know If Mr.. Alexander could not inform
them definitely what the return would be.
Mr.. Alexander said he was not the counsel
for the warden. and could not say what the
return would be, but he hoped and expected
by one O'Clock such a return would be made
as would render any further proceedings here
unnecessary. abs.