The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-05
SUPERIOR C0UaT-SpEClAL TERM.

The "Early and Offen' and the Unqualified
Voters-Judge James Proceeding Analyyed-
Result of the Inquisitlon Not yet Declare d.
Before Judge McCunn.
IN the matter Of the ha6eas corpus Of Patrick Her
dsrnan ana t,centy-one Others, as reported in the
HERALD of yesterday, Judge McCunn on Tuesday
evening issued wrlts OF habeas corpus directed to
the warden and keeper OF the city prison and re-
4uirng them to produce before him yesterday morn.
ing the bodies OF Patrick Heferman David Rowes,
Jos phi McEvoy, Samuel Fisher, John Corl.ss Patrick
,Oonley, John Hanna, Robert McGuinness, jeremiah
1ahoney, john smith alias LAGOON, Patrick Dryer
Adolphus F. Smith, John Haley, James Atkinson,
Frank Pater, William Hughes, Jacob Bennett. John
Joseph Gratz, Mic hHel Farrell and George Williams
These men mad all been committed to the Tonlbs for
M ns 6y Judge 5sme q who
thing OF that description in room No. 10l OF the
Metropolitan Hotel where, by direction OF Superin-
The petitioners were represented BY w. F. Howe az
counsel, and presented q motley and, without ex-
Mowesl is negro q tie pure Congo pattern, and and
al were more or less bruised and battered and
Charges II yyOng s@a9 ee adss
% TO do rea es
Yest rday morning Mr. Howe moved for the dis.
charge OF tho entire constellation, taking up each
particular case In its succession and stating to the
Court the. peculiar circumstances OF each. He then
claimed that the commitments were Illegally issued
and were informal in their verbal construction, in
that they failed to show the names and residences OF
cases committed for attempting to vote Illegally,
which was not crime under the statute; that the
That ss 81 the e
this State; that the act Of his sitting at all as JUS
tice In this district was illegal and irregular, unless
he did 80 upon invitation OF at least one OF the
Judges Of this district, &c.
Judge McCunn, after hearing the statement OF
counsel, observed that the proceeding was one OF
grave Nature and required careful elaboration.
1he action OF Judge James was to say the least very
unusual and in order that the case could be Impair.
La cnn
four O'Clock In the afternoon, meantime he would
BEND messenger to request Judge James to be pre-
sent a. taat hour IN order mat inc csss Rlgnt ne
nanded 70 the Tombs, but were subsequently ad-
United TO bat In the sum OF $3.50 eacn Martin Trist
ner becoming surety for the batch who were all
named in one bail bonds
On the reassembling Of the court In the afternoon
the % 90 e iFeT enSs az aaa was
:. in attendance. une OF the attendants announced
quus officially that Judge James conld not be found,
then renewed his motion for discharge on substan-
tally the same grounds as those get forth in lbs
matutinal address III behalf OF his clients
Mr. Blunt, appearing Tor the District Attorney, de-
sired that an examination be ordered. as he under
stood that thai was the purpose when the adjourn
ment TIL Afternoon was decided BY The court In the
Mr lowe again moved for their absolute discharge,
and Judge McCunn said he would take Tie papers
icons stang oil the original commitments, the petitions
AMI the wrts OF habeaS) aud would render decl-
siOn this morning.
the city ne dd not sec what further action remained
to be takel II the proceeding.
MI. howe again toed tile mark and intimated that
IL was an outrageous proceeding OF Judge james TO
come into thiS city from the rural districts commit
= aiEe number % prisoners and.then leave without
taking any further interest in the matter lie again
Judge McUUnn Iooked steadily at the counsellor for
moment. sas II debating Al dreams divine" and
with n00 10 the importuning pleaaer saii lie
would hold the case under consideration till this
morning: The crowd then left the court room.