The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-02

The Case in Court-Action Upon the Iabea a,
Corpus Writ.
IRON tho Philadelphia Press. Dec. IL

from the Philadelphia Press, Dec. IL
Between the hours OF nine and ten O'Clock yester-
day morning carriage containing four persons
stopped in SAMSON street. between Sixth and seventh
streets. The parties were prison oticers Grub and
Clifton and George $. Twtche and his wife Camilla
The moment the parties aghted one of the officers
crossed SAMSON street with Twitchell and the other
which sne alighted with Mrs. Twtchen The result
was that the Twtches were landed in the Court
House without having ATTRACTED the attention OF the
large crowd awaiting their arrival.
Twitchel and his wife were seated at the front or
the dock. He wore light colored oyercoat and she
was dressed with black velvet hat, black coat and
brown furs. Her handkerchief was kept closely to
her face until Mr.. 0Byrne advanced to the dock and
engaged In conversation with her, when she par
TALLY raised 1t, keeping portion OF her face still
concealed. The father OF Twitchel took a seat by
his side and convcrsed with him.
In q short time Colonel William B. Mann entered
and engaged In conversation with Mr.. Sheppard.
subsequently several of the counsel for the prison.
communication with the Court In an inaudlble
tone OF voice. After this the Court directed the
prisoners 70 be placed within the dock; which was
veil over her race, which she Kept on until her re-
moval
Silence was demanded and the immense crowd
ordered to be seated, which direction was complied
with as far as was possible; but every available por
ton OF the room was crowded with spectators,
many Of course not being able to find place to SIT
The following counsel appeared for the prisoners
p. T. Ransford, j. 4. Pratt G. Ii. 7. Coils, John
O'Byrne and William b. Mann.
Colonel William b. Mann said
MAY 1T PLEASE THE COURT--WNpn TINS writ or
habeas corpus was allowed there was some difficulty
experienced In lxng the time for the hearing OF IL.
To-day was named as an early day to hear the
writ; buc presume the Court did not anticipate
such condition OF affairs as we have here this
morning. There was case then about to be
brought for trial. and that case Is now engaging
the attention or the Court. return is made 10
bring in other jurors. Nine jurors are kept together
In confinement and to hear writ OF habe3s corpus
under such circumstance3-to divide tho attention
or the Court Ur to take IL away for time from tho
case now pendlng--s proceeding unheafd Of.
have never known a single instance where q court
would suspend trial OF party charged VITA COM
hitting murder in the streets OF Philadelphia while
they went on TO hear writ OF haoeas corpus, which
would take all day to-day and possibly Tomorrow.
While we are anxious to have IL heard and are per-
fectly willing to interpose no objection think IL
will DO my duty to say that we are willing to ask
that THIS should 70 over until Saturday until the
close OF the trial in progress, and we would be
perfectly willing then, without any noace, to take
should be kept here and that the regular BUSINESS
which seems TO have possession of the court should
be suspended N order to goon with our case. That
/ is not our desire.
| Furman sheppard sad-I can only say, with refer
cncc TO the suggestion which mas fallen iro.Q the
| learned counsel that when this writ was taken GU
! understood him to say that be would DO prepared
unders, GOD him TO ac1uiesce Ia fixing to-day. az
ten O'clock for this hearing, and upon taat state
ment by him. and upon the action OF the Court with
reference TO the application, We have Issued our
subpnnas Tor our witnesses. They are in court, and
we arc prepared on the part OF the COMMONWEALTH
to proceed with the writ. The application was made
IN open court with the assurance that tho counsel
would be ready aud an early day was fixed, the
Cours having knowledge OF what was taking place.
We are here prepared 10 proceed with the hearing,
and unless we have some intinatIon from your
Honors to the contrary we do not know any legal or
othe. reason why IL should not be heard.
Colonel Mann-Our cases are exactly alike. We
have issued our subpenas and witnesses are
here Also We have done the same thing, anu 1t was
our duty 10 do 1t under the rule.
Judge Peirce-When this writ or habcas corpus
was granted IL was expected that the trial when IL
now IN progress would ne ended aud that should
be able Co hear the writ to-day, but We feet that
ought not TO interrupt the regular proceedings In
lectng panel OF jurors to try the prisoners at the
bar IN order 10 hear case OF this character and i'm
portance, which would consume so much time. We
will. therefore, take mp this writ Immediately after
the present trial IL concluded. We expect that the
counsel will lie prepared to proceed with 1t short
notice.
| Colonel Mann--wo require no further notice than
that the present case Ia ended
The prisoners were kept la the dock until a large
number or the persons had left the room, but as
many Of them as could possibly do so walked by the
dock and gaZed through the iron bars at the prison.
ers. The face OF Mrs. Twltchel could not be seen,
aud as her husband had his back to the audience his
face could only be seen by those who were enabled
to get within the bar which brought them IN 'front.'
OF the dock. lie looked somewhat care worn and
seemed TO listen with much avidity To what was
said TO hun by his father His wife rested her head
upon her hand whenever occasion offered, and her
| eyes were not at any time visible. The prisoners
were removed through the trap door used for the
exit OF ordinary prisoners, placed In carriage and
driven rapidly TO prison.
A PRIZE FIGHT IN CoNsECTIcUr.-A prize fight
took place Friday afternoon Ia the good old quiet
loving town OF Fairfield, and was conducted strictly