The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-08-31
SUPERIOR ccusr-cy.mssss.
The Murder of Colonel O'Brica-sisst.n to
Discharge the ALLEGED Murderer, Kealey.
Before Judge Barbour

The Murder Of Colonel O'Briea-siss,.n to
Discharge the ALLEGED Murderer, Kealcy.
Before Judge Barbour.
n, ~ ne Habrss Corpus n TAnnas Keaey-A motion
made before this court yesterday for the discharge
on habeas corpus from arrest Of the petitioner Who wa
committed the charge OF numbering Colonel John T
O'Bien In the July riots OF isos Mr. Barnnoy Of coun
sell stated that tho pr COMMITTEE on the Sd day
OF july 1897 tho charge above stated and had been
held since that tfme for examination, betny detained by
virtue OF commitment OF Justice Kelly. In law the
petitioner was entitled to an Immediate hearing The am
davis charged him with having Killed Colonel O'tlrien
the lsth day OF July 1868 the terrible which
occurred nj thai time snd ID murder stated ia,
ben perrcratod the vicinity Of Seend avenue ana
Thlrty-nfh or sixth street 1as prisoner CHARGED
BY nes hbnra Mr. Kipstrick-noariv four wears AFTER
the occurrence With having comm tied this crime and
this peighbor had seen him day after day since that
time aud no. sought 70 acquire for himself notoreiy,
and u bring the prison er into jeopardy h hour
for The qualifications Of revenge. He charged Keals,
with being concerned snd ASSISTING In the preparation
Of the outrage Colonel D Brea at tho time Of his
death. By having hold OF him the tine he was sruck
With gun and when he received the last blow from
stone. IL was veil known that prob,blv ever
wthstcoa q beating az that man o. BrIeo re-
ceised before 10 died. and the uaIcdou Of Il Gas
participated In by the mob II the killing vas
murder. al were guilty a the CRIME: but u
was no crime TO murder Colonel oBrieu. on
that day, having been invested with q command 70
which he had not fully rece,ved his tide, he was IN
command OF regiment and there for the pre-erva-
ton u the peace against tue rioera Instead OF pre-
serving the pesce and msssrins hrs own rns
sons well those Of the mob be became the VIC i'm
of violent passion aud Of the most degraded
oIe-ihai Of drunkenness Riding around on his norsc
With dnwn pistol IN his hand he Shot child upoa
mothers breast and the mother through her child
whoever saw that would have BEEN less than maa II
he did not 10 turn assault that unkabs beast aud send
him whore he ough, 70 have b.cn sent Counsel asked
the court 10 take judicial notice OF the events that
day. ana The case would be found TO he
within the discretion o. the court aud entirey
hsiiable In the Of the dcclasr discharge
him absolutely. The ~ merely orth
that the prisoner vas he'd for examination under the
conflitment CT JuslCo kelv. The time within which
sucn examination should have bssa hsd had long since
expired.
Mr. Bun, APPEARED for tbs District Attorney Oppose
ths MOTION aud caltncd that the psicner could DO
discharged, ou that the cogn ght direct the sxans
ton ~ lake plsce within Q reasonable lime, slug Gu
u might have ssrh examnaion before itself, yud q
BARBOUR sst thai vas contrary 10 the satuie and the
spirit OF The constitutions 20 deprive the ctzen Of his
liberty without due Of Law and IN the prssent
instance he would direct such cram 10 take nIscs
ones and that ths prisoner 10 brough up on hondsy
nsxt upoa ocTtsorsTs 10 rsves The procssdlusA