The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-10-05
THIRD EDITI0 N
THE CONFLICT OF AUTHORITY
AltOrney.General stanbery Advises the Production
Of the Boys in COurt-The Argument Post.
pOned TO Next Saturday-An Appeal
to the United states Supreme
Court 10 be Taken.

1u the Quarter Sessions this morning, Judges Lud-
low brewster and Pierce on the bench the matter of
sgag brought before the public. it win be remem-
to bow AS s Um ss SATURDAY the on the rules
atach ed Tor contempt in refusing obey orders
for the production. of the boys Gornley and Kelly
Was C9hunuea over until TO day at the request of Mr..
berry.
The request then was for time in order that the
Attorney General, to whom the matter was then re-
Gently submitted. should have opportunity fully to
United states officials to the course they should
the great question Of jurisdictIon Which lies behind
all these proceedings and which Il is very important
and therefore this morning the courtroom was
CROWDED But the case took turn that was entirely
PIERCE, Mr.. Valentine stepped forward and sald:-
such shape that suppose much be said in it
this si morning The Commandant has received des.
the Attorneyeneral had given 1t his opinion that
dering him to act in accordance with the Attorney
9enerars views; Andhe has produced the boy who
The Court then mentioned the matter of the rule
to SHOW cause why the Commodore should not be at
the Court in not complying with the order of the writ
poste side and the continuance from last Saturday
had been granted with the understanding that the
Court.
Attorney General was acting for and representing
the Commodore. Mr.. Valentine then asked leave of
the Court to amend the return made by the Commo-
dore to the writ of habeas corpus, in such manner
that when the matter comes up 1t will be fully heard
Gormley, an appeal could be taken TO the United
States Supreme Court.
AT the suggestion OF Mr.. o'Byrne, who represents
Gormley, Mr.. Valentine assured the Court that the
boy would be kept In this jurisdiction.
The Court then continued the matter over until next
Saturday.
Judge Pierce then called up the case of Michael
Kelly, which is slmilar to that of fGOrmley.
Mr. Valentine asked leave TO amend the return 70
the writ in this case also The Judge said the rst
after to be disposed of In this the rule TO
show cause why the Commodore should not be at
Mr. Valentine said he hoped this matter would also
be continued. the other had. Kelly had not been
produced in Court for this reason:-When the Com
modore received the despatch ordering him to pro-
duce GoTmley be Immediately telegraphed back to
Washington 70 know what was to be done In refer
had Issued and to that telegram no reply had yet
been received. .
tn service of notice of the rule upon the Commodore
and declined to say anything until he heard from the
Mr. Valentine replied that Mr.. Hirst need not
have troubled himself to the extent OF reading the
affidavit, the service ofthe notice doubted
But he would remind Mr.. Hirst of the promptness of
Commodore Seltridge to meet every point in this
case, and his earnest desire to do his full duty; and
he hoped the court would grant him indulgence in
this as well the other case.
Judge Pierce said that when the rules were granted
last Saturday, though the Commodore avowed no dis
dered by the process OF this Court and rules were
Isl ued to decide the quest OF contempt But now
aspect, and by submitting himself entirely the
Court. showed himself desirous of doing what was
The Court consented to grant continuance until
next Sa5nrdsy as In q G9r9l' & y $ 9aSs, SS ,o ,,
great portion of the morning taken up in the
hearing OF evidence to the good characters of
convicted of offense, duung the week, which
evidence was in mitigation of the sentences
smith and Donelly who we're convicted of a cha rg
o. assaulliDg the watchman of q brewery, wer
ordered 10 pay fine of ten dollars, and the costs
each.