The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-19
SUPERIOR COURT
Habeas Corpus Case-Sfrangc Proceedings
Alleged Case Of Contempt of Court.
Before Judge Jones

CuSe-SIrunRc FrOCeeClnES-
Alleged Case Of Contempt of Court.
Before Judge Jones
1t appears from the following affidavit that the 9th
Of May writ Of habeas corpus sued out by c. Balm
bridge Smith, for the body Of one Eugene K. Smith,
his son. alleged to be unlawfully imprisoned by Mr..
Eugene Ketetas. The adjourned till the
9th Of May at ten O'Clock. But owing to the action
taken by Mr. Smith in the natter Mr. Keteas. through
his counsel Mr. Cunning s. Bedford Jr and Mr. Charles
H. Da Costa, filed the following affidavit, upon which
the Court granted order for Mr. c. cambridge Smith
to show why he should not be punished for
tempt of Court
tas Of said city and county, beng duly sworn, deposes
and says, that the 9th day Of May, 1857, petition
herein was filed by G. cambridge Smith, addressed to
the Justices Of the Superior Court Of the city OF New
York. for the issuing Of writ Of habeas corpus direct
Smith, alleged be the custody and control Of tins
deponent; that thereupon, to wit the 9th day of
May his honor Judge AcCunn allowed writ Of habeas
corpus, directed TO this deponent requiring MIN to pro-
duce the body Of the said Eugene K Smith before said
justice at the chambers OF the superior Court of
ten O'Clock in tho forenoon OF that day. that the
was duly served on this dsponent on the 7th day Of
tho service OF said writ this deponent went 70 the
Chambers Of the said Superior Court and duly made
Jones' Of Justices Of said court who then
sitting At chamber in the place and during
that snsrsapon the said No. JUSTICE jones' .a
journed the proceedings to May g. at eleven A. NJ, 1t
which time your deponent, with permission Of said
said c. cambridge Smith duly filed his traverse said
amended RETURN and at the special instance and request
the objection Of this deponen,, the hearing
OF the issue so joined Was then adjourned
ali OF which will fully and at large appear, refer
being had TO the said petition Of hsbeas
pus and amended return and traverse thereto
lie; that between the hours OF nine and ten Of said
morning while this depoDent about getting into
carriage front Of his house. No. 81 st. Marks place In
said city, in order TO attend before his Honor Justice
JONES' pursuance Of the adjournment Of this by
his Honor the said Eugene K Smith, who then vol
UNFAIRLY and Of his own FREQ win accompanying this de-
and there TO testify In the said proceedings, vio
ently and forcbIy aud against his will and against the
known 70 deponent which said person accompanied
by the said c. cambridge smith, one Bowers, and
placed carriage ssS SsDSnsn' dasn
parts unknown TO this Opponent, and - this
deponent verify believes taken o.. Of the jurisdiction Of
this honorable court; that n the time OF seizure
OF said Eugene K. Smith this deponsnt informed the
person 50 selling The sad Eugene K smith that the sad
Court there voluntarily attend in the matter Of the
proceedings Aforesaid; that thsrsupon the said person
and had been authorized and directed By The said Court
to bring the said Eugene X Smith down TO its cham
bers; h.i then and .ners' the said 9. Banbridye
the viii Of the said Eugene smith, placsd him IN the
nediatsIy thsreupon this deponsnt drove down 70
the Chambers Of The Superior Court where he arrived
about ten o'clock, and Informed his Honor,
same time nling with said Justice an afndsvit
Of the ssid Eugene smith, voluntarily drawn BY said
Eugene sworn 70 the sth Of Nay, 1867, recitine
fully and ~ large the cruel and inhuman treatment op-
preston and neglect the part Of said @. cambridge
Smith towards The said Eugene X smith, and srprsss-
ing hts WISH discrimination and desire 70 live With this
dsponcnt long this dsponeut would allow him 70 DO
co. all Of which will fully md large appear ref
being had 10 said adavit That thersupon the
counsel Of @ Bainbrdgs Smith requested snid Mr.
Justice Jones 70 dismiss the proceedings herein on &C.
count Of the Of prosecution Of the By the
said cambridge Smith, but that his Honor refused 20
DO and adjourned the further proceedings In this
matter until the eleventh day Of Nay q ten n.
And further deponsnt saith mot
Sworn TO before me, this eleventh day Of May, 1851
SAMUEL JOINS, Justice
On the foregoing afdavit and On The petition herein
for the writ Of habsas corpua the writ OF habsas corpus
the amended and the traverse Of the same and
the inidavit OF Eugene X smhh, now on nle IL n or.
dsred that @ Bainbrdgs Smith show cause q special
Of this court 70 Be held q Chamber IN the CITY
Hall, In the city OF New York, the 18th day OF May
1867 ct eleven O'Clock n, Why he the said Balm
bridge smith, should not be adjudged guilty OF contempt
and be punished therefor SAMUEL JONES, Justics
NEW YoRx, May II, 1887.
Yesterday morning argument On the above order 70
show heard, Mr.. DAVIS appearing for G. Balm
bridge Smith In opposition 70 said order aud Mr. Bedford
In support Of the same The Court reserved 10 decision