The New York herald., 1867-10-03

UNITED STATES DISTRICT COURT.
The Browa and Hamilton Hakens Corpus
Gases in Court-Cnptain Drswn Ordered
Back to the Custody Of the PENNSYLVANIA
Observation-Disclosures Case TO be Decided
To-DRy-Unitcd states District Attorney
Courtney on the Philadelphia District Attor-
ney's Structures the Matter.
Before Judge Blachford.
In The Matter Of the Habcas C5rpas Of William L. Hum
ilton, Alleged Deserfr from the S.rrs # the United
Stats.-On this being called yesterday morning.
Lieut. Gardner acting for General Buterned, in charge
Of the recruiting OF the United States In this dis
trct asked permission OF the Court to put few ques
tons Hamilton the alleged deserter then in court in
charge OF United States Marshal
Counsel for the petitioner objected, all the evidence
that could be offered bad been taken before the Commits
sioner.
Judge Blatchford oyerruled the objection, the Court
in OF habeas corpus being entitled all the ev
dence either side that could properly be given.
Mr. Gardner, then to the question OF the identif
cation OF the petitioner OF tho grounds Of defence
being that Hamilton never enlisted at all, asked him II
he had not the mark Of the cruchxon stamped upon his
lett
Hamilton replied that he had, with the figure of the
Virgin Nary either side Of the mark OF the crucidx
ion. The mark Of the cruciixiou the left arm is
set forth in the descriptive list oil the Hamilton Is
charged be. The Court desired have further
timony supplied as 70 identincaiionas to the height
OF the color eyes, or MS LAIR,
&C., to compare with The descriptive list upon
which the government claims that he is the
recruit referred to. Hamilton was measured in one Of
the court rooms and his height ascertaned 70 be five
feet seven and onequarter inches, tho descriptive list
making him five feet inches only. This the
only seeming discrepancy. Mr. Gardner also relied
the similarity OF prisoners handwriting 70 the enlist
ment papers and his signature the commissioners
records Mr. Gardner also stated the circumstances Of
the man Hanlons enlistment and his subsequent de-
and arrest At the conclusion the Court inti
mated that opinion in the case would bs rendered Thurs
day morning
the CASE OF CAPTAIN BRowN-uMrm STATES DISTRICT
ATTORNEY COURTNEY AND DISTRICT ATTORNEY MANN, OF
The case OF Captain Brown, arrested In Philadelphia
order for contempt Of court and brought here on
writ Of habeas corpus ad tescandu to give testimony
In the Hamilton case, introduced by Mr. Courtney
who proceeded TO address the court He said before
your Honor finally dsposes Of this case have few
remarks 10 submit 70 tho court in view Of certain cir
cumstances which have come to my knowege, and
which have been made the subject OF comment by
officer Of in Philadelphia Of justice,
and which deem il proper and not out of place 10 al
ude 10 here. Your Honor will remember that some
days ago an application was made for writ Of habeas
corpus In due FORM Tor the purpose OF having Captain
Brown Of the regular army, brought TO New York TO
testify In this court in the matter OF the enlistment Of
aud the writ duly issued by your Honor with
directions to have IT served In the usual
manner And. II am informed correctly that writ
duly served the keeper Of the prison Philadelphia
directing him TO produce in the city Of New York before
your Honor and to give his testimony In the matter of
the petition Of Hamilton The keeper OF the prison.
upon whom that writ served neglected 10 mako any
return TO the wri. TO produce Captain Brown wit
ness. On that being shown TO the court . writ OF
attachment against the keeper OF the prison duly
issued by your Honor, together with precept TO the
had been or given to the Marshal for
Mr. Mann appeared at my Office with the return
Of tho keeper OF the prison 70 writ Of habsas corpus
issued by your Honor l courteously informed him
what had been done In the case; that default OF the
keeper had been entered and writ OF attachment
issued but that he Mr Mann had appeared here the
default would be waived advantage would be taken
and his reviewed. He then requested TO send
that return 70 your Honor then soourning at Newport
he stating at the time that whatever decision your
Honor might make would be obeyed and faithfully
ried out sent accordingly ihs. return 20 your Honor
Mann also, at the interview bad with him in my oics
requested not 70 send an officer but merely 70 write
the officer Of the prison the decision OF the Court and
Captain Brown would be forthcoming did SO in good
faith. l wrote TO the o1icer. Informing him OF
Broxn before Commissioner Osborn a, one i. NJ.
on the 2lst and that WAS the last heard
OF the case till l saw and read the most extraor-
dnary statement, msstatemsnt Of District Attorney
Nam the District Court OF Philadelphia reported in
the press OF that city. and to which beg call
your Honors at ention. Among other charges OF the
same sort 1nd the following In this writ Of
hAbeas corpus sd testihcandum issued for the pur
pose OF removing Brown II served upon the
keeper of the county prison, commanding him pro-
duce Brown before United states commissioner IN New
York. When the matter was laid before me did not
choose 70 suspect that the District Attorney OF New
York would forget that he was gentleman, and would
lend himself TO any such purpose as designed by
the military officers around and about him. would
believe that Judge of the United states District
Court would lend himself TO "a effort to peryert
and destroy the action OF this went to
New York Tor the purpose OF suggesting
question whether the writ could be legally issued. As
this matter for the judge claim tbs jurisdiction
to decide return 10 the writ made In such form
to facilitate decision on that point and the desire TO
obey the Law, whatever IL might be, was avowed the
sent from New York to Mr.. Perkins, in which Mr.
Courtney told him that his return not sufficient and
90 o s an ccr %
took Brown 70 New York, and there, instead or
using him as was asserted. as witness, wri,
Judge In New York, and they had hiin discharged BY
this action the honor and dignity OF the Law has been
stricken down. The District Attorney of the United
States in New York lent himself purposes Of these
officers; he knew Brown to be returned here. In
stead Of tina, the onicias in New York have allowed
Of the Law OF Pennsylvania, and Brown Is discharged
from custody. II your honor please, at one o'clock
p NJ, ~ have stated, Captain Brown not pro-
ducsd when he came do not know whether he
came on tnas day or not am informed The ars; |
sending TO copy the Philadelphia paper contain.
Ing these ext1ordinary Measurements OF tho District
Attorney. Now your Honor, the keeper Of the PRISON
IN regard to this matter to me, never reported
his having brooghs Captain Brown here, and
subsequent action Of his in the premises.
And 40 tho case now properly before the court the
your Honors attention 70 these statement, Of psnc,
Attorney Mann IL seems that after Captain Brown
was brought 70 New York somebody withous any au-
thorty from me or through my Office, and without my
knowisdge approval or consent and without any con.
nvancc or understanding directly Indirectly on my
part caused an application 10 he made Judge Cardoya
OF the Court OF Common Pleas, for a writ Of habeas
corpus TO prodocc the body Of Captain Brown with the
view and 70 the end to have him discharged from i'm
prsonment in Philadelphia, as was supposed. I
would now ask, n your Honor please, "a it not
strange and unaccolntabs that when tho
writ OF habeas corpus served the
keeper Of the Philadelphia prison. here in charge Of
Captain Brown, that that individual did not inform
or any one In Office Of the service on him OF that
fart n A
traordinary silence nj this important stage
VI the case should have been maintained the OF
this fhilade'pba oihcalf II he had informed mo, or
had Been In any way made cognizant Of the fact,
that this writ OF habeaa corpus had ssusd would
~ once hsve appeared aud to 10; that the proper
process vas submitted to Judge Csrdoza, which
would have prevented him from issuing an order
tor the discharge OF this Captain Brown; and l
VIII say bere, your Honor from Information l
subsequently obtained with regard 10 the matter,
that II seems to me I have the right TO infer
that this was preconcerled rrangement-a pIaa con-