New Orleans Republican., 1868-12-11
JUDIOTAT, NnVELTTEs.

--eAOas
case, but our columns are scarcely equa
to the task of giving all that is rich AMI
racy in the judicial department.
On Wednesday the gang sometime
spoken of as the Chicago thieves, composed
OF Essex and others, were released by tht
Seventh District Court on hdbeas corpus
1t must not, however, be supposed that w
allude to Judge Collins, who is an old
fashioned Judge. and does not furnish Ut
with much that is either startling or novel
There is nothing particular to remark con
cerning bis decision, except that the prison.
ers were held and committed by Recorder
Becker upon an insufficient showing, and
the jurisdiction of the Seventh District
Court was not made a point by counsel.
The history of the case, however, in It's
previous stages, has been interesting. The
parties were arrested first upon the
authority of telegradhic dispatch,
showing robbery at or near Ha-
zelburst, Mississippi. Affidavit was
made, warrant issued, the parties arrested,
aud after partial hearing committed to
the Parish Prison into the hands of that
vigilant, wiry, and tenacious public officer,
Sheriff Wurzburger. This commitment
was for further hearing.
Councillor Sherburne, late Democratic
candidate for elector, had the prisoners
taken before Judge Abell on a habeas
corpus. The latter did not see it his pro-
vince to Interfere while the prisoners were
only committed for further hearing, and
sent them back until the prisoners should
be finally committed, as nothing could be
predicated upon the incomplete action of
the Recorder, who must necessarily at
times make such commitments as this case
disclosed. There is nothing very singular
in the case thus far as Recorder Becker,
Sheriff Wurzburger, and Councillor Sher-
burne are matter-ot-fact personages, and
Judge Abel is only lively and interesting
when he gets upon politics.
Anxious reader, you must wait the de-
Velopments Of the case. At this stage
enters ou the scene Counsellor
Atocha, who, educated in the
Office of Charles O'Conor, brings to
the New Orleans bar an ingenuity fully
equal to that of his world-famed preceptor.
Counsellor Atocha initiates proceedings
for resort once more to the time-honored
old English writ of liberty, the habeas
corpus. There are some things in medi-
cine which only calomel will cure; if it
fails once 1t must be renewed again and
again, each time in another shape, for it is
the only cure. Just so with the habeas
corpus. The experienced practitioner at
law, like good old-ashioned doctor, tries
it again and again, until success comes to
crown his efforts.
The proceedings now taken are before
United States Commissioner and ex-Gov-
ernor OF Ohio and California, and ex-
Senator of the United States, Hon.
Josn B. Weller. That officer promptly
ssues the writ of habeas corpus,
directing Sheriff Wurzburger to bring the
bodies ofthe prisoners before the Commits
'ioner, aud show wherefore he keeps them
IN custody. But the Sheriff, who is known
oi old to the bar as man of a very doubtful |
md negative turn of mind, coupled with |
occasional belligerency. allowed the latter
Iuality to get the better of his usually |
erene temper, and taking with him as his
counsel that warrior of hundred battle |
ields, General Harry T. Hays, brandished |
md ripe for legal tournament, appeared |
before the Commissioner minus the pri-
oners.l
What there took place 'twere needless to
elate. Nor can we tell the points of law
hat were then and there disputed; in fact
We do not know. Whatever the restric-
ions or limitations may be to the powers
If Commissioner, we know of no law pre-
renting ex-Governors and ex- United States
senators, OF which we are one of the
ormer, and constructively one of the latter,
rom Issuing the writ Of hdbeas corpus or
ny other writ, and we would take it in
ludgeon were Sheriff Wurzburger to fail
to comply.
But Mr.. Weller is better natured man
han we, and in fact has the reputation of
icing irst-rate joker. He even got
head of President Lincoln once, as the
ollOwing anecdote will show. Mr.. Weller
vas recalled from the ministry to Mexico
ust after the beginning of the war, and Mr..
seward reported to the President that he
lad returned clean portfolio. Mr.. Lin
'oln congratulated Governor Weller upon
his, and the latter said:
ayes, Mr.. President, l have done the
lean thing. / have come home to support
Tou In your arduous task of putting down
he rebellion, although have been op-
posed to you 10 politics. I only ask to be
put in place where / can be useful to
Vou and the country"
President Lincoln" What sort of a
place would you like to have, Governor?"
Governor Weller-"A commodoreship
in the navy"
President Lincoln-"I was not aware,
Ioyernor, that you had any experience in
Governor Weller" Oh, I thought that
would make no difference. from the man
ner you are appointing Brigadier Gene
President Lincoln acknowledged himselfl
oniloked, and slapping the ex-Alinister to
Mexico good-naturedly on the shoulder.
said, " owe You one, Governor"
The probability is that the witty Com
missioner soon assured the Sheriff and