The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-10-03
Interstate COmIty-HabeRs Corpus and
TestIfichn nd um-The Hamilton Enlist
ment-Captain Brown RemRnded to
MOYamPnSlng Prison.

ment-Captain Brown Remanded to
mOyamenslng Prison.
UNITED STATES CIRCUIT COURT OF NEW
YORK-Before Judge Blatchiord-rhis is the matter
lease from Governors Island, where he is held as
deserter from the United states Army. The testl-
that he was enlisted in Phadephia his mother con-
tween his descriptive list and personal appearance,
and the resemblance ofsgnatures is sufficiently close
The Court took the papers. reserving Its decision.
The case has however, given rise to other compllca
and dispatched by the recruiting officer, Captain
BTown G9vSEaors Island Alter the pr MPTlsepPpeGIE had
pha, though thatwa unknown to Captain Brown, a
return that the prisoner was not under his control
An attachment and commtment mi were ere ordered @ req
not used due diligence in bringing Hamilton before
wss sned out tns in e District and captain
Brown being considered an important witness sE;r q
Brown here. This writ provided for the return OF
SwR sS ynegeced the Writ
for S
District Attorney, and offered him a return to the
original writ agreeing without further trouble to ac
The attachment was then waived. Judge Blatehford
States District Attorney SO inioi med Mr. Mann aud
Captain Brown was sent on under the charge of a.; an
arrival, Captain Brown sued out a habeas corpus
discharged. He however, appeared before the Com
mission and gave testimony, and also appeared in
in Philadelphia; made some remarks rejecting
Fcs A,torneg ot hs pte as hsSng by
When the papers In the main matter had been SUD:
mitted, Mr. Courtney rose and said that he thought
matters which had occurred i1 connection with this
Cured between Himself and Mr Mann w and read the
report in the Philadelpha Press He stated that the
at j O'clock, He lhe District Attorney did not
at O'clock The Keeper Of The prison who brought
him on had never reported to him anything about IT,
c0nDiyance or consent had caused wEi! Of hs6eas ,
CarQOzO.
signed 6y himself (%r oourtpey( Was it mot strange
service OF the m hsbeas corpus % TO hmY Was l. not
would have at once stopped proceedings, aud would
have appeared before the Court ana on
CardozO would have at once dismissed the writ Had
Philadelphia? He was informed that Judge CArdozo
offered the keeper, Mr.. Lees time TO procure % any
refused saving that he only wanted TO TAX take 5aeS 9
Sesponsbiity IL WouEd Eps seem prepared thing
10 enable Mr. Mann to make a, buncOmbe
n PSiiadephas The matter was now before lis
mnS S coSd see S Order ws
OF no authority. Under his direction Captain Brown
sht direct 6e sent BACK sc ,bSnsR, 70 che
at ptocSred he writ from Judge oardoso
with knowledge OF the existence OF the writ Of this
r TSs s Y R 9GS as d%
ne ConTs Of one stale to those OF another or OF the
United states to those OF State. He asked t for the
! wronged he had his remedy there: but the wording
the writ required that he BnOuu De
to try his remedy, and here he had none. He would
like TO know who Ii was that had presented the mat
ter to Judge Cardozo. , .,., -, ,,
! Lieutenant Gardiner explained that he had acted
for MT Brown in believing that the Courts
of ofPhladelpha had acted entirely without jurisdiction
in confninE Captain Brown. the proceedings having
been against him in his official capacity, ana there-
fore directly contrary 10 the law lie explained the
matter TO Judge CardOzo but he admitted no proper
return had been made by Mr.. Lees who had now LETT,
and there was person 10 take control OF Captain
Judge Blatchford after recitIng the facts ruled that
| Captain Brown came here unfef the VIII OF hhDeas
corpus dd testifcaRdiIal- the mandate OF the
| C0urt He was now before the Court had not been
ont OF its power and the Court had cognzance OF the
matter II was decided In the Kane case that where
party was brought up by habeaS corpus ne continued
under the control Of the Court Issuing u ana MS sae
eeninR was with that Court until the writ was dis
| posed OF. The officer having MIN IN CUSTODY was
served with q writ of habeas corpus from Judge Car
doza The original writ bore on ls face the name OF
he district Attorney. The othcer ala not notfy hlmi
bonSb he had brought Captain Brown here under the
writ held him under IT, and had no business win
him here but the writ Ig appeared nom the petl-
ton that IL was set forth In 10 that Captain Brown
was held by any writ OF this Court whatever butsmpy
| dephia. Nor did the return aid the meter. IL
merely set out that he held by order OF Superln
tende1t Perkins This Court will assume that IL the
| officer made proper return Judge CaruozQ would
bnt whatever may have been his private Information
he Yves buund by the papers before III AZ ana on those
no valid reason for aiming the prisoner appeared;
bnt neither his action nor the negligence OF MI Lees
hse never been out its Jurisdiction and the Court
hsd hnI one course follow It must send him back
to The nj ace from which he was brought for the pur.
nose OF testlfyng, and as his proper guardian has
leaving him such remeoy as he may think proper
Tor any injury he may have sustained from the state