The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-12

Gliding whether the arrest Of the penuones 90 iegmae
% 1s saas a. s forth as RETURN
Within ls Of the
Tse cause of the petitioners and detention stated
the following warrant BY United stated uni
TO TIM MARSHAL or raE UNITED STATES Foa THE
Oh As Or Nsw Or AND TO HIS
Whereas complaint oath hathsbeen made to charg
s Il n STATE within lie
s By S re he a ss q tHs Staten sss oo
the Town OF Jefferson IN the said state and lng OF
there with others commit the crime Of treason agans, the
United States as is more fully set forth In the complaint on
Now therefore hereby commanded in the name Of
oh a. @ an .,s.
Of he re- may
ssP under and seal 1os 6 s
United States for the Southern District Of
EpwARps prrRREposr, United States District Attorney
this In psonssnr e, i; .SsSss
treason either the compliment so general as to be OBJ
p S 70 as Gp aa 5 S sm
facts sets forth are osnssn in law 70 constitute the
separate the context the commitment states no act on
e sS we s be IN with
previously reced In the commitment and are to accept them
do not constitute the crime under the % q the
constitution orains that treason against the United States
shall only levyng against the United States or
ior sa'''ns TO their enemies 's giving 'D' A'a anu com
petitioner the commitment amount to treason, e not only
to argue In defiance OF oil the decisions OF az me courts
but such egrous not 10 deserve serious refu
tation.
petitioner with against the United States, plainly
cuses him OF such crime or else accuses him In style SO
ton to charge Of the offence.
crime OF murder may be conceded fnh the legal dehni
ton Of that offence and are stated with sufficient certainty
% has Of The ms 90 maasr on s
high seas within any fort arsenal dOekyard masazne,
or = other dSSs 96 sSqy nds the sole
on The Of the nSsng PES s
sess or within any fort arsena dockyard magazine or IN
other place district Of country under the sole aud e1
a T. the federal gssSsmp0q
70 a y Sae nS Of the
charged against the petitioner. The murder was committed
sa Il the A Stats state asna
sIss i s 5s 81 N
Seison aduisans he Very point int IN ihs Maer Of
ahoes for M" murder committed in South caTona, aud
for 5 w IL as as "a M u as.Sn
will be observed that the offence which, according to
the judicial authorities of the State and not OF the federal
Barbour ISL Mr. Justice Leonard discharged the peti,
n SaP hGfS that * The
SG Which the 1d had
corousy ncQuiesced of prisoner
yh' ers here S hs a Of Mr. cs
fancy; n Abelman Booth "a Howard, United states,
ss present since there The ursdStiOn Of
TO the constn tonal,y Of federal law; whereas
"a Che dc
absolute SI niy sgpss,ISa pris
ny held y ahor o. the Gned saes om the
ton presented when he is obviously held by no authority
Perhaps is on me to dispose Of an oSisc
but for my Subtraction soiciude
to comply with every possible requirement Of the federal
under some provision Of the Reconstruction acts But
siye;The ssioner on whose warrant petitioner is
hell 1, an officer Of civil court and has only civil iursac
without ~, legal and Is subjected 70
punish Sail dsturOers Of the public peace as criminals
40 sy Sy Ssn m ess q
under color OF Stale authority with the of mil
Texas therefore there Is now nome but military law There
no civil court has jurisdiction, but part and dependency
Hence it results that an offence committed in Texas II the
the only N.Y. law Of The ia sSfs Conn
9 NOT q & S has sy @
military law not only not instrumental and auxiliary tc
the exclusion Of the other The powers Of the Commission
can ana IN ae
United States Commissioner to commit for trial before
In any aspect Of the case appears beyond question that
:hs IN ss s
the detention Of the petitioner Illegal From such Illegal
detention the statute makes It Imperative duty TO relieve
guilty OF crime against the laws of Texas should direct
him into the custody OF the Sheriff abide requson from
the Governor of that State But a. the complaint on which
return to the certiorar, have before nothing but the
De- the ha' the
have no alternative therefore, but to order that the petit
A Queer Case.
Before Judge McCunn.
An application was made before this court yester-
day for an order Of arrest, the damages being laid
at very large amount. The party sought TO be ar
rested is one OF the richest and most prominent no
tel keepers OF this city, and the application was
based solely on the alldavt Of one Julia Brown the
alleged keeper OF house OF Ill repute In Twenty
sixth street. between Sixth and Seventh avenues.
Judge McCunn refused the order for arrest on the
ground that he thought the ends OF justice would
not be subserved by granting 1t.
Tie Suspension Bridge Company nud the
Stockholders.
Thomas j. Kip cs. Hudson Highland Suspension
| Bridge Company Same Us. Erie ana Nebc England
Ratl'odd Companp.-The following order was yes
terday made In these suits:-Upon reading the com
plant IN the above mentioned action, and upon
hearing Edwin James, counsel for plaintiff, and Ben
amin Bailey, counsel for the companies II is order
ed that the hearing OF this cause be adjourned And
II is further ordered that counsellor at law be and
he Is hereby appointed the referee to take the testi-
mony upon oath, Of such witnesses as the plaintiff
may require TO be examined In support of the allie
cations 10 complaint and 10 l5 further ordered that
the SAID referee report such testimony when taken
TO this court, and that the testimony 50 taken be
read upon the hearing OF this cause.
eu,rneIrr,c nou,y