Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-04-09
HABEAS CORPUS.
Judge WaldraR Decides he has no
Jurisdiction I'm the Avalanche Case.


From the Memphis Avalanche April 7.
At ten O'Clock yesterday morning the
| Municipal Court room was filled with spec
tators, drawn thither to hear the decision
| of Judge George w. Waldran in the Ara-
idnche hdbeas corpus case, announced to be
delivered at that hour. The proceedings
being somewhat delayed, the decision was
not delivered until nearly eleven o'clock.
1t comprised only a few words, decided
want of jurisdiction, ordered that the peti-
TONERS be remanded to Jail, and are as fol-
lows:
"The defendants were imprisoned for con-
tempt When a person is imprisoned for
contempt by court of competent jurisdic-
ton, he cannot be discharged by another
| Judge when brought before him on hu6eas
corpus. This court has no jurisdiction over
this case, and can give the defendants no
relief The defendants are remanded to
jail"
The majority Of the spectators, antici-
pating discharge of the petitioners, were
not little taken aback by the decision
and for several minutes after its announce
ment, profound silence prevailed.
Finally, Attorney General Wallace arose
and stated that Col. Galloway had init
mated that, in the event of the decision
being adverse to him, he desired few hours
before the execution of the sentence in
which to arrange some private business de-
manding his attention.
Gen. Sale remarked that a little matter
of ceftiOrdrI or supersedeas was contemplated,
which would carry the matter to the Su-
preme Court, now in session at Browns.
vile, and prevent the execution of the
sentence.
Gen. Griffin, Hunters counsel, immedi-
ately sprang to his feet, and rather excited
ly insisted on the sentence being executed
at once. He opposed granting any delay.
Judge Waldran, entirely ignoring the
anxious attorney, remarked that he was
exceedingly anxious to see the case settled
by the highest authority. 1t was one Of
great importance, involving the rights of
private citizens, and TO a certain extent
the rights Of the courts. Although he
would not concede the rigt of the petitioners
to an appeal, he was willing to suspend
Judgment for reasonable time, to give
the petitioners an opportunity Of present
ing the case to the Supreme Court on a
writ of oertiorari and sHpersedas, upon
giving the necessary bond.
COLONEL LandOn u Haynes mentioned
the vacancy on the Supreme bench, caused
by Judge Hawkins resignation. 1t would
bee impossible for any business to be trans
acted until the vacancy was filed.
Judge Waldran further remarked that |
the court could not proceed too carefully !
in a case of this character, and as there |
seemed to be doubt in the minds Of at
tOrneys about the matter, ample time /
should be afforded TO present the case to |
the Supreme Court He suggested six |
DAYS, as the writ desired could be issued 4
by any Of the Supreme Judges.
Mr. Bullock moved suspension until /
five DAYS after the court commences trans
acting business.
Judge Waldran then stated that he
would grant ten days, and if il appeared,
after due diligence on the part of petition
ers' attorneys, that farther time would be
necessary, it should be afforded. Mean
while the petitioners would be admitted 10
bail in $1,000 each.
A transcript will at once be made, and