New-York tribune., 1868-08-28
THE BRoADWAY rHEArER SHOOTING.

THE CASE ~ TIE SUPREME COUET-TuE ASsAIL-
ANS STILL ~ PRISON.
The writ of habcas corpus in the case Of
George Hickey. James Moore, and Dennis Leary, the
sherTs officers who engaged the exciting fracas
at the Broadway Theatcr Monday evening was made
returuahc before Justice Barnard at the supreme Court
Chambers yesterday morning. There was large crowd
in he courtroom waiting the arrival " the accused per
sons. who when they dd appear were accQupauigd By
their counsel The ease was opened hy hr. W. T. Howe
for tho prisoners, who moved for the discharge Of his
Mr. George ". Blunt, OF the DisrlctAttomey's office,
asked 10 have The case 20 over saying mat The parties
wounded, Chamberlain and Wilson, were rot able 10 a
pear IN court HIncsse- lie suggested that the pro
ceedngs postponed until certificate hc procured
% show that The injured men are out OF danger Mr.
Howe opposed o the request 10 adjourn the cyam-
nation. ana claimed that n dd not present the ordinary
features of cases whcIo pclpOckos or burglars de-
mandod 10 De discharged from the consequences Of any
ARRAY the street. but that his client, acting
officers OF the law, and obeying process oi the Supreme
Court, and met with formidable resistance when they
song execute the order intrusted them. The counsel
cfCu the Kelly --haIpIey an instance where the
accused admitted 10 bail await tral, although
Justice Barnard was OF The opinion that the Supreme
Court could not discharge prisoners pending the Police
that police magistrate might AT his individual DIS
creton keep men ia prison for any length Of time
The judge sad the Court might then compel the Justice
10 proceed or might thr examination into tho
Supreme Court In this lac understood that two 0f
FOR the District Attorney behalf OF the people, 20
decide whether their evidence necessary aud II
taken. Nj Howe said that II had been customary IN
such tOr the Coroner to take the testimony make
inquiry the cond ton OF the wounded. Here. there
seemed 10 Ue some desire Ia punish these men, probably
because thy were Sheri officers Their only Oiense
far shown iclonious assaut and this was bail
able ofenf", and they should be admitted 10 bail. TWO
Of those originally arrested had been bged Mr. Trap
hagen associate OF Mr. Blunt, explained that they had
been hailed because they were not engaged n the shoot
ing afray, but only IN the assault upon the do0rkeeper
Judge Barnard said he could not ia the present state OF
the case bail the PRISONERS IL did not appear
before him what the condition OF the wounded
II they recovered, IL would be merely ease Of
elouious assault II either died the charges would be
either murder mansaugtcr. tho former being rarely
baabe. Mr.. Howe asked leave 70 renew the suits on
obtaining physcaus certificate 70 the condition Of
proposition aud the prisoners were then TemaUded to
the Tombs followed 10y crowd Of friends, who e1-
pressed disappointment that the case had not terminated
as they expected
ANOTHER VERSION OF "FoUL PLAY" PRO
DUCED, AND TIE INJUNCTION QUAsnLD-
SPEECH BY MIR. HARKINs.
The Broadway Theater, recently the scene
evening, one of the principal attractions most probably
being an anticipation OF renewal OF the disturbances
which have, on Tuesday and Wednesday nights OF this
week, gwen the establishment more than ordinary
popularity among that class OF amusement seekers VINO
Moala much rather see shooting fray, sp,at,ilng
match, or a general rowdyd0w, than the fhifest
pfi spffetaGie mat ever issued from the scene
| lhe drama, the hall way aud lOGbies we're
hIled WIN groups OF men eagerly engaged IN discussing
Tire result Ui It's production The general opinion WAS
that The presentation Of FOu Play" the teeth OF the
Injunction granted to the riysi proprietor OF the New
York Theater would cause the esablshment "a be sum
nari( closed up and the general hope appeared 70 be
that there would be free fight runpus 0f some KIND
IN comparison with which the disturbances OF the pre-
oedlnE nights would pale their Intellectual hres Hap
ply. these hopes doomed disappointment The
curtain AROSE and The prologue Of the play was proceeded
Mlh without the least interruption AZ the close O INC
prologue, and before the orchestra had resumed ts mu
sca discourse Sir Hhrkins appeared before the cur