Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1866-11-05
LG-!
The aaltim6Sre Polissa Commissioners


| BAL1moRE, Md, Nov 5;rzzAtrine O'Clock
Judge Bartol, Associate Judge Of the Court t
Appeals, Appeared -, The Csotarrs room ot the
Circuit Court, and took bis seat on TIE bench,
sitting in Bank, readyto reeeiye the FetpfIn uR9n
the wfitssofa habeasgcorpus CAT ateWE minutes l1,
past nineIJ Judge Bartol enquired if the wE[ts
had been served upon the. Warden Of the IT.
Mr. ELatrobe, in behalf 81 the Commissioners
announced.thatthe wrlts had been served at 7
o clock this morning, and added hesbads]pst
learned that the Warden Of The jail hadEbeee1 at
the Court House this morning aboutgs9 9 clock,
without the prisoners; that in reply to aninqulry
made of him he had said his meansof convey
ance were, exhausted, and that4he had come
hitherto get supply: MI Latrobe added IN a 9.
sarcastic strain;thathe thoughtthere were other
hack stands much nearer to the Jail than the
Circuit Court room. He would notsay swheth.
er.this was or was not merely continuation OF
the efforts of9the Others side to time
he did think, however, itlookedlikeit22 Judge
iBartol reminded the COUNSEL that the Warden
was rot obliged to make a return instantly !;
Che law gave him three. days in which to make
his return ,Faas8 salz5zas I .sEGsz ,asizzs51z
Mr.. ,Schley said he considered that theinter
est of the law in that particular, was that three
days should be the utmost limit, and that I'M
less there was some unavoidable impeachment, he
1.-THE warden, was bound to produce the prlss-
-oners without delay.
: Judge BartoEsaid theswrits We're issued by
him at five O clock on Saturday evening, but
it appeared that for some reason they were
not served until this morning. Mr.. schley
begged that the court would wait reasona-
BILE time further for the wardento makehis re-
turn, and produce the prisoners. 70 @-a:s
IS Ten O'CLOCK. -Court still waiting, prison.
ers not yet brought in. :, :. = =
, COURT Room ii A. M.-After some further
waiting, the prisoners not appearing, MIR. Hox-
WITT, on behalf Of Sheriff Thompson, said, s'we
have now waited one hour and a half after the
hour named for the return OF thewelt. 1t was
apparent that the warden was seeking pretexts
to delay He had come to the Court House
early with prisoners for the Criminal Court,
which did not meet for an hour or more after
this Court and had not brought the prisoners on
whose behalf the writ of habeas corpus had been
issued. II was frfssalous in him to say thatthe
had not sufficient room in his conveyance to
bring them, but he added, theywere not without
remedy. The law made it the duty OF the
warden to makeaprompt return or show some
good and sufficient reason for delay. lie there
fore had on behalfof his client the high Sheriff,
prepared petition that his Honor would com
mand the deputy sheriff to forthwith bring the
warden before the Court, together with the high
sheriff. Mr.. Schley saidShe would on behalf
his clients havea similar petition to offer. Mr..
Alexander, counsel for Commissioners, now
appeared aud expressed desire to be heard
on the subject. He understood the warden OF the
Jail was now in consultation with counsel and he
had no doubt some return would shortly be
made. Messrs. Schley, Latrobe and Horwltz,
desired to know if Mr.. Alexander could 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, he hoped and expected, however,
that by one o'clock, such return would be
made as would render any further proceedings
here unnecessary.
{ BALTIMORE, Nov. 5, 4 p. m.-Commission-
ers still jail. Allquiet. ac.g = -.--lz
80 - @tH44 .li,uli.