The national Republican., 1867-11-26
THE COulTA.

THE COURTS.
EoUIrr CouRr-Jndgs Wyho. This court
Yesterday acted In the following cases.
s1Vss .s.s s. fris.s f:,,s., srs,, Blunt
ALnI IArpniA Arp wAsHIsoror hAiLRoAp TO NJ SOLD.
Io1 and 77s, Davidson st Al. u. Washington,
Jasss w,ms %sSa 1sS,ssSwn S,,1.s s,so,, SGImpsny
pstioners 90 trustees 10 make sale Of the railroad
premises rig hts and property mentioned IN the deed
.sms 70 The pu.S.. S.esdd .InS.s Ss ~. ~.
authority Of the receiver heretofore appointed shall
continue As 10 the possession Of the railroad in all
hi. court and that Ills order shall no, sn In spy.
wise effect the rights Of parties Interested in op.
posing the execution Of the power Of sale and con
Sea MeIniyfe vs.. Rodisr. Upon the application Of
Mr.. Dunlop, who stated that tho opposing eouussl
had promised to give him notice, and had neglected
10 DO io the decree settling aside tsI title Of Pearson
$40 Dyer vs.. Perkins. The court orders the Mar.
sha to brSg into court the infant defendants in this
suit.
SOC Jardsiis VS.. Jsrdsils. Decree rAtifyins audi.
tori report.
1854 IisIspdsr vs.. A. Bouidin ct al. Rule to
show cause against attachment for contempt.
The court then sojourned.
CmcUIr Counr. Chief JnIiee Cdrt!sr -This
court was employed as follows yesterday!
17il. On motion Of Mr. G. Toten, the case OF Jno T.
Robsy vs. Rev Robt Prout, was ordered TO be placed
on the calendar. This is an action 10 recover real
estate, which the defendant claims under rs.entry
for grouud rent
s9is Pantvs Knap ct al Leave granted TO amend
declaration, on motion Of Mr. Miller, Gnd attach.
ments were ordered for Jno. Y. Coys and Cornelius
wendsll, plaintiffs witnesses Bradley for do.
1851 Jas s. Moran vs. Miehssi Ksrl,y. Suit dis.
missed on paint as motion. Thompson and Drury.
Brent aud Philips for plaintiffs; Coz for dsfandauts
rho pai Gs sue the defendant for damages alleged
10 have been suffered BY his nor. .ful lIaOnt Of a
contract TO deliver certain amoun ut Of old iron.
Several hours were occupied IN the examination Of
wi,nss,o', and tho case was then adjourned over
until this morning.
Icy and Davis.
Mr.. Bradley, it, moved for new ti.l Ia thl. case,
because
First. The verdict was as.ias, the law and evi.
doneo.
Second. Error Of tho Judge In law and fact In his
Third, That the verde. was against tho weight Of
the evidence
This is an action for months rent, to COS, Of Two
plate. .slas, windows In the Washington building,
TO. DAYS CASE.
The following 10 tho assignment for to-day;
Calendar numbers So 49, lle 2ee, 2I2 2s3 $50. lG7,
ISL, 1884, 2l6, 200; In which tbs following attorneys
are engaged Messrs. Bradley, Mattingly, Brent aud
Merrick, Cor, Msrrimsn Totten, Pendal, Jones and
Ashford, Brown, smithsr., Wilson and miller.
IMPORTANT HABEAs CoRPUs CAsK-Tn Chambers,
before fudge Fisher Two msn-H. II. Hne aud Al
~ re- r. sps.T.i1 custody of George W. Brssk agent
fore Judge Plsher In chambers, yesterday morning,
on writ Of habeds corpus Mr. Breek returned that
these parties had besn indicted for forgery by Jury
Of steubsn county New York and that they had been
delivered to him, . requistion from the governor
Of New York, BY Hon. James l.. Orr, governor Of
governor Of that military district, The Tsasisiucn
Of Gov Psnton aud the warrant Of surrender Of Gov
Or were produced In court Tho former 10 printed
document bearing the seal Of New York, and tested.
Tho warrant Of delivery Is simple writing, cithout
seal directing all sheThs, eonsables Jsilors, aud
other eourt oeers Of South Carolina to deliver up
Hine and Spear to the custody Of Breok.
Mossrs. Riddle aud L q. Hino sppsarsd for the
prisoners; Mr. herrisk for Brock, who held them in
custody.
The eouns.l for the prisoners held that no surren-
der Of an alleged fugitive be made by the
uhve OF one Of tao states to the authorities Of
other, except updsr the compact eontaipsd 10 the
Bee O. OF Art 4, Of the Consultation Of the United
States, and then only whom the requirements Of the
Act Of Congress Of February H. 1903 are fully quail
that BY the nIst section Of that act before the
executive Of State from which the al eyed fugitivs
from justice has lied can demand his surrender from
the executive Of that State In which he has sought
shelter copy Of the indictment found against him,
OF an ahidAvit made before agistrAe OF the State
10 which the offence is hllegsd has been committed
charging the epnurs shalt b. produced aud certified
as authoritative BY the governor Of the State whence
the person SO charged has 1ed. That neither the
return Of the defendant (shorH Broek, nor the war
rant Of surrender of the Governor Of South Carolna,
nor the warrant TO receive ths prisoners, issusd BY
the Governor Of New York, shows that the act Of
Congress ha, been complied with.
Mr.. Merriek counsel Ior sheriff Brsef. argusd that
a BSa Rs;sE "a S 3aaI a f.r sss
was addressed to ascertain whether a crime Ia sun
clently charged and whether all the other requisites
before II becomes his duty to surrender an alleged
fagtive yet igs, Especially one within the terri
torAi limits Of an Intervening deminionD can msfs
no such inquiry, he look behind the author
ity " the demanding Governor authorizing his
ageut 10 reesiye the alleged fugitive.
Judge Pisher held that party arreited as fpgi.
tive from justice is In custody under the Aahorty Of
the United stlts,-Exparte smith-sd Mclean l3l
Blkinson va. Delie,tOline, wb. Grim eases 80
Th.,e parties were eit Isns Of the Uned States owed
II allegiance, and were therefore entitled TO Its pro-
teotiOn In New York, South Carolna, or At any in
tervsnins point The act Of Congress had conferred
the right to Issue wrils Of hdbsds corpus upon
judges Of United States courts to arm th m with
power 10 protect tho liberty Of the citizen eiti-
sen here 10 custody applies 10 be protected from an
Illegal deprivation Of his libery The parry hold
Ing him returns that he holds him by virtue Of the
Consultation Of the Unit States and the act Of lT0J
enacted In pursuance thereof as the agent of ths
aoy.rnor o. New York engaged 10 carrying from
from tho latter State 1t WAS the evident duty Of
the Court TO SEQ Whether the act Of 1901 had been
eompied with. and Mr. Brsck thu. secured the right
/, h6li the prisoner In custody That act req1iTed
that the rsQuIsi Ion mus, be accompanied by an n
davit Of the crime committed by the alleged fugitive,
made before Juttlce OF tho bttto IN Nn Gu " was
said to have been committed with proper certificates
Of the competency Of the Justice or .Iplihsd copy
Of tie Indictment which had been foucd against the
alleged fugitive. 10 this case there were no such
apers fonnd nor there In the Ttqusition or In
the warrant OF surrender ttatainent even by way
Of recital th at an Indictment had been found
the fugitive, or proper Aiayt charging tho crime
had beon made; and tho warrant Of surrender was
entirely without real, their being nothing to show
that It was signed by Governor Orr, or was Indeed
not uactured for the casiOn Under these tir-
Gu instances the duty Of the COurt was plain, Mr.
Breek presented no evidence that the law from
which he derived bis authority bad been complied
with. Ieprsoners we're, therefore, entitled their
Had there been probable cause to believe
that the crime with which thoy wets charged had |
been committed shown by Aadayit or otherwise. the
Court w.uld immeda ely upon their discharge order
the rsArrest OF the pArs. and commit them to await
the Iequisition OF 0ov, fsnton. |
PkIsoSERs DISCHARGED
Msssrs Hine and Spear were thereupon disotSgsd
from cust)dy. |
EEw wAHRANr.
Mr.. II. Sherwood then made an AmdtNit, settling |
'Urth that indictments for forgery had been found
Steuben county N. Y, agAiust lliuo and Spear and
warrant was thereupon issued to arrest aud hold /