New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-12-22
THE COURTS.
fXPCOTRT-srEcnL TERM.

STPRTM4F COURT-SPECIAL TERM.
Before Mr.. Justice CardO:o.-Ihe kidnapping
father the respondent IL charged with kidnapping his
child from its mother, has Deeh transferred by
habeas corpus from the Police Courts to the Supreme
Court. The writ returnabe az II a. m yesterday,
but both parties desiring an adournnent was adjourned
10 tomorrow at 10 TO take testimony. The child
was in the time committed TO the care OF Capt.
Jourdon. ,c,
who was adudged lunatic upon proceedings instituted
in Monroe County in this State by her SON. an Episcopal
clergyman before Judge CadozG AT supreme Court,
Special Term yesterday, upon ADJOURNED hearing OF
the motions to supercede the unacy proceedings and TO
punish the attorney of the Committee Mr Prchet Tor
contempt in applying for and obtaining an order from
Judge Dwight IN Geneva, staying proceedings under the
reference to Mr. Jarvis made by uuEe 10 ascer-
tam Mrs. Aliens present mental condition ExJudge
Strong continued his argument on beha OF MrPritchett
The motion punish for contempt lie SAID since the re-
marks OF his Honor tat the previous nearing assumed an
Importance beyond what was apparent on the papers
the stay Of proceedings by Judge Dwight was not In
conflict with the order OF his Honor but since ms
OF an attorney engaged in the hearing Of motion who
should step into adjoining to procure an order
and returning into the roOm should, IN the view and
of the Court make service OF the order upon
the motion. In that view 1t seemed TO the
speaker to be question Of me greatest
the legal profession at large, but to tho general
public. He thought such construction would interfere
very inurOusly with the rights OF property He would
not say word 10 whether the case supposed by his
Honor would be contempt Of Court tn3uEn me dd not
admit that such would be the result but he claimed that
this entirely different case. The speaker called
attention To the provisions OF che reWeu statutes on tue
subject OF contempt and claimed that they alone were
applicable to the determination OF the case Inc pr0Ys-
ions criminal cOnemps, and proceedings sfor con
tended that OF them applied IN the present case
Authorities cited to show that these statutes are
now guide what constitutes conteupts ana
proceedings for their punishment lie thought tAdt I'D Tue
granting OF the order 70 show cause cause WHY MT, MI
sec 70 S Court Would he careful not to transcend
re aS
order complained Of granted I pare ny Judge Out
Of Court and the Code expressly provides tnat such or
ders may made IN any case by Judge III any part OF
the state The Attorney was living 400 miles away from
this city and had no opportunity OF applying 10 Judge
here The appeal upon which the stay was granted was
designed among others to present me quesVn Shetncl
Of the proceedings upon the petition coi1 De taken
there being that they could not As 10 inc poptey OF
the act the Judge who granted the ofdtr occupies the
same position with the Attorney VINO applied for
Judge CardDzO cited instances IN Whlch the Judge
might Grant an order proper Itself but for the sup
precision OF facts such that like order had previously
been denied ny another Judge.
EX7udge Strong-In the present case an anldaVt mas
been read showing that IN the application to Judge
Dwight, il had been made known To MN thatthe de-
cson OF the Court here had been TO send the matter 10
referee for inyestgaton and that appeal had been
taken from that proceeding MT shea couhsel sac hau
procured orders from Judges staying proeeedings
other than she Judge hearing the case ana yet nc asked
that Mr. Prchett be punished Tor DONG tns salle 'E
He unfortunate also in the example selected sucn
orders were granted daily. Why not seek some person
OF high position 10 make an example, anu hot young
lawyer lust starting ID practice IN a country Edge
Mr. Shea said that n the counsel supposed te primary
object OF the proceeding 10 punish TIE Attorney ne
was mistaken His motive 10 Tx the practice as IL
was recognized when he was a student.
Judge CardOzO-Thero y no doubt as 10 the practice
Mr SheaThe primary object Is TO have the supesedeas
passed upon as possible because Whlle We are
discussing matters which appear 90 me TO be IDLE the
property OF this lady Is being dsspaed IN defiance OF
the orders OF the Court am Informed by the attorneys
Messrs Britton a Fuk that her very undergarments
have exposed 10 public sale 10 OIeI 10 raise luhus
from them TO pay Attorney fees 80.
the properly OF lunac being disspated Will oil my
own motion enoin the proceedings Ofthe Committee un
IN the determination of this proceeding The further
hearing was adjourned until to-day.