The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-08-27
THE BROADWAY THEATRE OUTRAGE.

Inc Xulnu ana ward Ol9C00H000
On Bah-The Cases OF the Prisoners
Hickey, Moore and Leary Removed by
Writ Of Certiorari TO tho Supreme Court.
James Ward and Thomas Quinn, two Of the persons
engaged In the late shooting ARRAY at the Broadway
theatre, were to have been examined at two O'Clock
p. NJ yesterday at the Jefferson Market Police Court
on that charge. At that hour the counsel on both
sides ana many friends Of the prisoners were
present. Judge Shandley, however, felt that before
proceeding win the examination It was proper that
he should further ascertain the condition of the par
ties who mad been wounded in the ARRAY, and he
therefore postponed the investigation until the re-
turn OF Mr.. Blankman, whom he had sent to the
New York Hospital to make the necessary inquiries.
Mr.. Traphagen again appeared on the part Of Mr..
Barney williams, and said he understood that either
the District Attorney Of his assistants would
be present to take charge OF the case and as he
thought the District Attorney was the proper person
to do so he wished to await his arrival before pro-
ceeding with the case.
The Judge stated he would not 20 on with the ex-
aminaton until the return Of the messenger who had
been sent to ascertain the condition Of the wounded
persona
QUINN AND WARD DISCHARGED ON BAIL.
AIter waiting O length OF time, and the District
Attorney not appearing, Mr.. Vim. +. Howe who said
he appeared to defend the accused at the request OF
Sheriff O'Brlen, rendered bail for the appear
they should be called on to answer the CHARGE
After consulting with the counsel on both sides the
on eac acceI1 S s nsa the
man Tor both defendants. Previous TO being dis
charged the accused were formally examined when
Quinn said no was special deputy sheriff, was
twenty years OF age and born In Ireand that
he was not guilty Of the offence charged and would
estaDlsn MS Innocence on the hearing OF the case.
Ward said he was twenty-siX years OF age, was
deputy Sheriff and born In New York; that he was
not guilty and would establish his innocence at the
proper time. This formality having been performed
they were discharged and Joined their friends in the
court room.
The messenger by this time had arrived from the
hospital, and he stated that Mr.. w. A. M. Vain
wright the surgeon in charge Of the wounded per-
sons, had refused to change the certificate he had
given the day before land which has been already
publishedl stating that Chamberlains wounds were
OF very serious character and might prove fatal.
Owing to this fact Judge Shandley declined TO eX-
anime the cases of George Hickey and James Moore
deputy sherifis and Denis Leary court officer who
still locked up the charge OF being engaged in
the ARRAY
THE JUDGE SERVED WITH A WRIT OF CERTIoRARr.
Shortly after the Judges decision in the latter cases
had been given Mr.. Howe served him with the fol-
lowing writ OF ce,tord11-
The people ofs Of Ne York 10 Edard j. Shandev one
Of &c Police Jasf Of he city Of Nee treetisg.
honorable of the justices Supreme Court cham
ber 80 Chambers street. the 9th day OF August 1863
prsonmsnt of eorss Hickey James Moore James Ward,
ss aee1
James Ward Dents Leary and Quinn shall be called
witness: GEO. q. BARNARD,
one of the Justices OF the Supreme Court
CHAs. r. Low, Clerk
AUGUST Is, 1852.
Endorsed.-I hereby allow the within writ.
GEO. g. BARNARD Justice supreme Court
AUGUST 20, 1853
TIE KEEPER OF THE PRISON SERVED WITH A WRIT OF
HABEAS CORPUS.
The following writ OF habeas corpus was at the
same time served on the keeper OF the prison.
The People OF the State Of Neo Fork James E. Coulter,
Warden the Guy Prison Of the City Nep Fork
DEPUTY Keeper ut Jegrson Aayka Prison in said CITY
GREETING.
We command you to have the bodies Of George Hickey
James Moore James Ward Denis Leary and Thomas
by You imprisoned and detained Ia sad together with the
time snch imprisonment and detenon by what
they shall be called charged before
No % Chambers street. the city OF New ork the 9th
August 1885, at hafpast ten O'Clock In the forenoon do
what shall then and there considered
Ing them, and have you then and there this writ.
Witness: GEORGE @. BARNARD
one OF the Justices OF our Supreme Court.
CHAs. Z. LoEw Clerk.
WIN. +. HOWE, Attorney
AUGUST, %, 1865
Endorsement hereby allow the within writ
GEORGE O. BARNARD,
Justice Of the Supreme Court
AUGUST %, 1868.
The service of the foregoing wrts removes the
case completely out Of Justice Shandley's hands into
the Supreme Court, where an examination will take
place at halfpast ten O'Clock this morning The de-
PENDANTS Quinn and Ward who are named In the wri
with the other parties had been discharged bal
stated elsewhere before the service OF the writs