New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-04-13


The application TO Judge Barrett of the Com
mon Pleas sitting however as q Supreme Court Commits
oDer for tine discharge Of Mr. Jay Gould from the Gus
toby of the Sheriff. under Judge Barnards order was to
have come up Saturday last but the counsel being all
yre.eut Mr. yaudepoel said that he informed that
Mr. Iav Could was stun In Albany and he understood did
not Iiend TO return. Mr.. Oliver, the officer who had
charge OF him, was now in court and had mace the io
lowing affidavit;
on and County Of Nee York saIsase Oliver being duly sworn
ed ssy' az Se'G Of s SST DI @ va. 5 q:
Ses sg ~ CO, s C o. Ys to TTaee The BODY Of
'de ard e TIE ass1g upon the saSss eSRu, BAD nes1 I
m.1 IN ny ea'to ne tine Justice B'5ret also P'c c IN ths
courtroom before we left vas spped 6y the counsel r
Mr Goud well A. BY Ir Gould to allow Jay Goga 20 20
iook Judge BsrTe' where Judge Barrett repeated thn
treat Jim as gentleman said COUNSEL then told that M Gogs
wished to 60 TO Aa9y to 4, him 80 sn 60 90 Asa, told bin
shat his counsel said and that was very sSr e01a
T S's let ,d Sn g 60 ' SR We vent Albany in
G a cs ? H IN cong aS in the train was wei
so9Sh to ,, q s 5o% 1i u FRIDAY morning wen
enough be engaged 10 Business IN bis room every 15 & G two
or three DAYS i BY the ply on ASRaAy Vn fra
morning April said Goui sell enough goG ne CPoi a
peeyh House aoush was saogn severely TIE p ~ Ann a
od mat ee L,a.Ig o. % sD tod him St he must 60 down
tie CRY Of Heiors he directed me to BIS counsel s
70 Ss Yl 70 re required which would be sid discontinue
Ss So 's o rom Judge bay could relieve my
charge peed to Mr Tremane office and explained to hIa no.
should be hand before Judge Barrett at The time
rssre told that under al the erea9ances The best
hiug Mr. Goli eui DO would he to go 70 auo 50 NO &
replied he would down. but asked me to wait until The 10
sgeed % Before 10 o'clock to Wit about q went
talking him bad better to dow and stsd
beside Mr. Gould teTosed and sd Mr. Gould must not 60 down
vas Of tie preston sand hd not 9Skd him bst wished e
81. n. gsPD T h, counsel n s SI a certain 1 Ht ep.s
spS & Is vas soe 70 tSk he responsibility going down; that
Company would have to bach @ ard the Souhse sa Pc TO t
say respo1iay fon me; that that for me- He
1Sa ne , S' . s vas to suffer iSsi the & Railway take
sa ri oa s meaHs compel Mr. Gould to- 90 New
ne About minutes ssT eelsIt saw Nv Gould n
Intend to 60 9oT6 h must NJ Could e9 went into an an;
not ou "a s s s on Ss Of at About O'clock n Of April H.
od II M Gas door his partner Mr. smit6 opened
Goad INTO snOber room tod him wanted to ask sg
sssi sad asked Gould Toi dy0 VIZ NJ Smith S,
e. 1 P , Nj od d .s 10 ss h ne s9'IST REPLIED me-
obliged to staIn TO New YoTi without him ,,vv. o,,,r.
The Court inquired whether the affidavit included the
OF the attorney who had given the ADVICE 10 MT
Mr. yanderpGsi said it did not. but he would add
supplemental alndayt naming MN lie men aut a.
affidavit that Mr. Hamilton Harris was the attorney ia
question. H., l., 49,,
haboas corpus proceeding he Thought ~ que 10 e oOt
to say that the question as to the prOpety OF the course
of Mr. Oliver in leaving the county with his prisoner was
matter which the General Term must pass. On the
affdavs. without any motion. he thought 1t proper mat
at an early day. when the effect Of the conduct OF Mr.
Gould and Mr. Harris could be calmly and temperey
considered At present he felt degree OF Indignation
which would possibly prevent such proper consideration
II st future time he should fnd that he had the power
and no proper offered he thought he should
make an example Of the offending parties The order
should be made returnabe Tuesday next at 10 an,
nd he NAU0prDOel
MT Vanderpoel suggested that IT would be advisable
20 adjourn the habeGs corpus matter to the same time
Judge Barrett said that IL had occurred TO him that tho
the effect of demanding Mr. Gould to the custody OF the
sheriff might he such as to leave in charge Of the
prisoner II i were necessary as u Appeared IhaJ Sir
appear transfer his custody TO more persons or to the
Mr. BUrTii, on behalf OF Mr. Could rose to deprecate
the issuing Of the order. The whole proceedings we're
based on the er Po,e affidavit Of MI Qyer ahd thTnsh
ohght be good excuse for the action OF MI Could Tho
sS facs when more fully Known In justice to MI
Could and Albany advisers he asked that the implied
Tbe public would not distinguish between orders and an
order to show cause would seem to them as an order OF
censure that there two sides 20 the question the
physicians certificate which he held In his hand SUI
Mr Fuilerton-The selfrespcct Of this Court
Judge Barrett inteIruptng-I should be very sorry TO
ee eE e of Iii order rfStF To shoR cansc
Mr. Porter rose 10 object il far Mr. Harris
ment made in another proceeding. and the only fact
alleged in that, that he gave certain advice To III
stitute proceeding against man OF undou1ted honor
unquestoned integrity aud high professional standing
there should be facts alleged.
Judge Barrett replied that 1t was sufficient to know
that the prisoner In custody OF an Oihcer and that
he refused to submit 10 his control under the advice OF
Mr. Harris. He would De wanting in every character
stie applicable 70 judge II ne failed TO vlndcate the
authority OF the Court whether the position Of the o1en
der high or low These parties we're not convicted
they only asked TO show why they had done what
they had done. They will not be condemned without
careful hearing and weighing OF what they had TO say
The pubhc VIII not be Injured oy knowing tIst inc
The following order was then entered
q babes 'gq hyqs been f e, send s1S % s ~
ApI S s.e o. 1Sss ts ve ' boi, Of Gco
forthwith before sbs oq'e o. e and sad S9srf
TIE sad Uri showing that said Jay Gou was in h custody 10
S Ssss. rp1 1 b Sss ses o S ne To- bs adjourned to Es
April lsS At M AZ the chambers o. s Co1I o. fIsa'
in; isd having been BY me further he meantime and
remain IN TIE custody Of james Oliver appointed by the
g Isn 10 Il sppesIinS on bb,if lie reistof
be- Jay Could then the City Of Ahany aud 50 W to be
reter Jay Could adjournment Of the proceedings rd
te III dv Of Anil les AZ 81 oe!oek a. M and On he sad
Oh day oAvI se having been made . apPsr to me By teat
before proceeding aDde 'sd 4 writ Of babe corpus AID there
counsel or al, Jay Gould 70 Aph r. 1903 a 10 soi 5eog
o1 On % ioS dsy q Apr 1863 ad on the iith day AP 1851
bes then TIE City o. Albany refused to return 10 ihe CRY New
hsss corpus himself The eenTO Of @ Oliver in that be-
Wor % ~, so 10 . 70 attend or be produced by AID OK
a e. natter a see Sas i 1 , jay ard 5 Hatoa
being attorney and counsellor q the supreme Court
ssJy eE show before The Coqrt Of Common Pleas
10 ae t Hal, II The C Of NsTY0 on hs i'.a g1y o. Apt
should Furnishes Or tie misconduct aud contempt sdged tie
~ S asa ss q d d'n Apo air. se GEORGE bAl'
adjourned to Saturday at II before the Supreme Court
was further adjourned TO Thursday next
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