The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-08-28
SUPREME CoUaT-caAM8Eas.
The Broadway Theatre and "Foul Play"
Outrage.

Inc brO0uWay vncltrc anu 'IVni
Outrage.
Before Judge Barnard.
The People rs. James Moore, george Hickey, Den
mis- Leary ana Others.-Thls case came up before
Judge Barnard yesterday, in chambers, on hearing
Of writ of habeas corpus aud csrtiorarl Issued by
his Honor yesterday, returnable at balfpast ten
O'Clock this morning. 1t was eleven O'Clock before
the prisoners appeared in charge OF the keeper OF
the prison, at which time the court room was
Mr. Mr. Wa R MUWe counsel Ipr ,he
Attorney, on the part OF the people, entered the
court at the same time.
Judge Barnard having inquired whether the parties
In whose behalf the writ had been issued were pre-
Sent,
Mr. Blunt said-Your Honor have the return of
the papers in this case made by Justice Shandey in
obedience 10 the writ OF certiorari directed TO him.
and the pisoners are now present under the writ or
habeas corpus issued In their behalf. ! would like
to have your Honor see those papers. Chamberlain
and WILSON, the parties wounded, are still so Ill IN
hospital that they unable to make any afdavlts
in the matter. Under these circumstances would
ask to have the matter remain over until certificate
can be procured to show that the parties are out OF
danger
Mr.. Howe opposed the request to adjourn the ex
animation This case did not present the ordinary
features OF cases where pckpockes or burglars asked
to be discharged from the consequences OF ARRAY
on the street, but 1t was case where officers Of the
law who were acting under and obeying process
OF this court and seeking TO execute order made
by his Honor, met with resistance and had guns and
pistols pointed at them in the theatre. They were
certainly entitled to use SO much force as as neces
sary for their own protection in enforcing man
date OF the court. he had testimony to show that
Wilson, the wounded man, was the aggreFsor IN the
ARRAY. The boy who was shot was behind the
scenes and against him there could have been no
animus on the part Of the deputy sheriIs, and the
shooting in that case was entirely accidental lie
referred to the case OF the comedian key-the Kelly
ana Sharpley case-in which man was killed, and
although there was homicide proved the accused
was admitted to bail to stand his trial.
In this case counsel commended there was no probs
bllity OF death. On behalf OF Hickey, the principal
he asked that he be admitted to BAIL and that Leary
aud Moore be discharged as there wos nothing III
the afiidavits against ihen except that their names
were endorsed defendants on the outside of the
paper. Hickey mad no intention Of abscond-
and for his appearance he (Mr. Howe was
prepared to offer any amount OF security.
Judge Barnard said that while an examination
was pending before magistrate, and until 1t was
disposed OF, judge had no right to interfere. He
could not interfere with the ordinary course Of
police magistrate uat he refused to pass on mat
ter within a reasonable time; he could in that
direct him to specify time within which TO make
an examination
were In danger the Coroner should wait on them IN
the hospital and take their testimony, and that the
case could then go on. He thought there a dis
position shown to keep these men in jail because
they were Sherrs Officers, whereas II they were
before.
said-Mr Howe, you had better take an order dis
missing this writ, with liberty to move again at any
time when YOU get PHYSICIANS certificate that the
Mr.. Howell procure physicians certificate to
that effect to-day can at once renew III
Judge Misunderstanding.
The prisoners were then removed In custody, fol-
lowed by q crowd OF friends.
The COuncilmanic Imbr0glIo.
In consequence Of the absence Of Corporation
Counsel O'GOrman the hearing IN the Councmanic
this week, was again further adjourned yesterday
TILL eleven O'Clock this morning.