The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-10-05
Habeas Corpus Complications and Stat
Comfy,

Habeas Corpus Complications and state
Comfy,
From the N. Y. Times.
If the applications to the Courts for writs of
habeas corpus in behalf of soldiers seeking to
be discharged from the service often brought
up such legal complications as are shown in
Hamilton's case, we should not be surprised
if the Government should do everywhere
what General Schofeld did in Richmond, and
refuse to bring up soldiers in obedience to the
writs when issued. But such complications
are certainly not frequent.
Itseems that Hamilton was arrested in Phila-
delphia, in August last, as deserter, and was
brought here for trial On his arrest habeas
corpus was issued by one of the State courts
in Philadelphia, directed to Captain Brown,
who had him in charge. He either could not
or would not produce him, and the result was
that that Court sent Captain Brown to prison
for contempt. In the meantime Hamilton,
being brought here obtained another habeas
corpus from the United States District Court
in this city, and in the proceedings upon it
undertook to prove that he was not the man
who enlisted under the name of Hamilton.
The decision of the Court has been given
against him on this question of fact, and he
has been remanded to take his trial as a de-
serter.
was interpolated. Captain Browns testimony
was wanted here and Captain Brown could
not come here to give it, being in prison for
contempt of Court in Philadelphia Where
upon another writ was issued by the United
States Court here commanding the keeper of
the prison to produce Brown here to give his
evidence. The keeper accordingly sent him
on in charge of an officer. No sooner had he
arrived than he too undertook to play at the
same game, and had writ of habeas corpus
procured from Judge Cardozo directed to the
Philadelphia officer to bring Brown before him
to find out how he was held in custody. The
officer either did not know enough to return
that he was held under the writ of the United
States Court here, or did not care to take any
trouble about it, and as the Pennsylvania writ
had no validity here, Judge Cardozo, of course,
discharged Brown, and away went the officer
back to Philadelphia to tell his story.
Thereupon the Philadelphia District Attor-
ney, in high dudgeon, stated the case to his
| Court, and charged our officials with getting
Brown out of their custody by trick, and
talked about our United States District AttOr-
ney Courtney in a very unpleasant way. Mr..
COurtney's attention being called to this he
took occasion to bring the matter before the
United States Court to clear his skirts in the
matter, which he did very thoroughly by stat
ing that he knew nothing of this discharge of
Brown, the Pennsylvania officer never having
communicated with him about it, He would
have done still better, perhaps, if he had
spared some of his hard words against the
| Pennsylvania gentlemen. The District Attor-
ney there was naturally vexed at losing a
| prisoner in way like that, and the officer who
had Brown in charge, though he ought Of
course to have communicated with Mr. Court
ney, may perhaps be excused for thinking
| that it would not avail him, when he found
| the same gentleman who represented the Gov
| ernment in the Hamilton case representing
Captain Brown before Judge Cardozo. Thai
| gentleman must, we think, feel that he also
made mistake in his action on behalf O
Brown.
However, we trust that no serious conse
| quences will result to the peace and good-fel
| lowship which should always prevail between
| Philadelphia and New York, in spite of the
hard words which have been used on botI
sides. Judge Blatchford's action certainly
ought to satisfy the irate Philadelphians, fol
he held that his writ, under which Brown was
brought on, was not affected by the action o
Judge Cardozo, and that since the Philadel
phia keeper had left his charge here, the Mar
shal must take him and carry him safely bacl
where he came from. So that we do not SO,
that the Philadelphians will have suffered any
damage unless the theory which Mr.. Court
ney suggested was the true one, viz, tina
having found Captain Brown something of al
elephant on their hands, they had ounningly
contrived this course to get rid of him, with
out having their State pride injured or thei
love for the National Government wounded il
conflict between the State and nationa
authorities over his body. If this was thei
hope, they will be wofully disappointed by hi
return. ..r -.t r-.n
ih' TFumbull ON Suffrage.