The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-10

in order except the motion now make, which Is
also that precept be issued to the Sheriff to bring
the prisoner before your honor.
United States Marshal Barlow hero entered court
and sad-YOur Honor is familiar with the case which
the United States has decided that the state courts
Judge McCunn-I differ with that. follow Judge
Leonard and other judges. Nothing can be said In
behalf OF the until ne Ss Rf
not once, but repeatedly has asserted the docIine
over and over again .u...,v
concerned In this The Sheriff is not my deputy
in any way; but merely cite this case TO your
Counsel for Pratt-As Mr. Justice Leonard's
opinion is based directly on the very motion now |
read the Opinion alluded to- Now, the case Of the
People Va. Gau, decided by Mr. Justice Peckham, Is
precisely to the same point and sustans the very
MT Gardiner-I do not think that decision Is ne |
cessary IN making this return. l have no interest
represent the United States authorities and the |
State authorities. i would like to notify the parties
having interest in it, and for that reason would
Counsel for Prat.-They have been notified.
After some further discussion Mr.. Gardiner said
he would produce the prisoner in court at two 2. NJ
Mr.. Purdy, Assistant United States DISTRICT At
Of ae @ es been
notice served on the United States District Attorney
Counsel for Pratt object to any adjournmen.
beyond two O'Clock. l believe 1t Is the design OF
some one-I do not say 1t Is these gentemen-to
Mr.. Purdy-There IL no desire to hold him TO turn
him over to any military authority or anything a nr, OF
and think we have right 10 hold him, waiting
regulsition from Washington.
Judge McCunn-The matter stands over Till TWO
O'Clock.
AN OFFICER Of THE SUPERIOR COURT APPLIES TO
COMMISSIONER OSBORN FOR THE CUSTODY OF THE
PRIsONER--A COMPROMISE.
After the recess OF the court was ordered to give
time for the production OF the prisoner Pratt, an
o1lcer Of the court repaired to Commissioner Os-
COmnanV
shall Barlow, appeared before the court and stated
that he was required to produce the body OF j. IL.
Pratt before the Superior Court.
Commissioner OsDOrn-Pratt has been committed
to the custody OF the Marshal Of the United States,
ana shall hold him responsible for the production
Of Pratt before me at two O'Clock.
oficer-lt places me In q very awkward position.
Commissioner OsbOrn-An that can be asked OF
you Is to report that the demand has been made and
refused.
report.
DISTRICT ATTORNEY PIERREPoNT INTERCEDEs IN BE-
HALF OF THE SUPERIOR COURT.
above Judge Pierrepont appeared before Commas
sloner Osborn and sad:-In the case OF the United
States vs. j. H. Pratt the counsel for the prisoner Is
animation, on account OF writ OF habeas corpus
issued by Judge McCunn from the Superior Court,
take the prisoner before the Superior Court, IN
order that Judge McCunn may know the fact OF his
custody by the United States and that his examna-
ton Is not yet concluded. what ask Is that ne DC
taken over before the Superior Court with certil
cate from your Honor tnat examination is pend
the Commissioner consented to give the certf-
| cate and the prisoner was taken before Judge
| THE CASE RESUMED BEFORE JUDGE MCUNN-IN-
TEREsTING DISCUSSION BETWEEN COUNsEL-THE
PRISONER REMANDED TO THE CUSTODY OF THE
UNITED STATES NEUTRALITY-SUSPICIOUS. RESERVED.
At two O'Clock p. M. the court room was crowded
by an interested audience ana the deepest anxiety
was manifested IN the result of the case. About a
quarter three O'Clock the prisoner, John II. Pratt
| was conducted into court in handcufrs by two
| United States deputy marshals and was the cyno-
|
years OF age, Of stout build, medium size and DARK
Judge McCunn, having taken his seat on the
BENCH
| am informed that the prisoner Is in court In hand
cuns and irons, which Is rather unusual. apply to
District Attorney Plerrepont-In this case Of the
| United States against J. H. Pratt Information was
sent here by the government OF the United States,
| enged in high crlme-tnat OF murder-in Texas.
what the evidence is we do not know except from
missioner, and on which he issued his warrant to
hold the party for examination. Upon the com,
in the custody Of the keeper or deputy
S Born having adjourned n the hearing Of the
case until to-day, the Marshal took him and brought
OF the charge Of the Keeper by the Marshal to bring
HIM before the Commissioner, according to his
hsS for Your HOns
that the prisoner should be brought over here and
therefore sent for the prisoner and counsel on the
other side and by consent agreed that the Com
missioner should send your Honor certificate and
/ asked the Commissioner TO allow him to come over
here feeling it matter due to the respect OF this
| Court viii read to your Honor the certificate
UNITED STATES COMMISSIONERS OFFICE, |
souTHEn = 1 1n pyYs OF sI NEW YORK;
tn. United States "a sOx X. iS P. John Osborn,
United States Commissioner the Southern District Of
'SESs
under n by % Of a h o me
charge against said Pratt still pending beoye me and not
| United States Commissioner
| NETWORK, August y, 1863.
| The District Attorney contlnued-Upon this I ask
| your Honor to remand the prisoner back to COM
any objection to that.
Counsel for Pratt-n your Honor please have
| this objecton-we want a return to that writ. We
want to traverse demurrer. That IS the ground
| which we take. Under the writ the solemn. impera
tive duty OF this court is to inquire into the grounds
District Attorney Pierrepont-Mr. vanderpoel, the
Sherlrs counsel suggests to me that there Is re-
| turn TO the writ.
Judge McCunn-I suppose this is a return to the
| writ.
| District Attorney Perrepont-This is q return,
and we Will put 1t In any form we Will put 1t in
| writing. think my friend does not rightly appre-
| bend what the point OF my motion IS. supposed,
on The fact coming before your Honor that the ex.
animation was pending before the Commissioners on
| matter until that examination was completed. or
course did not suppose 1t admitted Of any argu-
ment.
| Counsel for prisoner-The duties Of the Court in
this case prescribed by the laws OF the State Of
| New York sitting as Judge IN q proceeding In
| habeas corpus. The Court was bound to act within
| the limits prescribed by the statute OF New York
| State. The duties Of the Court In this are pre-
| scribed IN most precise and ample digest of the
| law Of habeas corpus ana personal liberty These
duties are so clearly and conclsely prescribed that
! the Court could not misunderstood them, and are
| enforced by sanctions that even q recreant Judge
would not dare to disregard. They asked for faith
full investigation of the charges against the prisoner
according to law and they had applied to the Court,
through the action Of writ, to accord the prisoner
| that privilege.
Mr.. Pierrepont In reply, said that the law points
presented to the Court by counsel had application
whatever to the case here. He must have Jailed to
| make himself understood by counsel on the other