The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-09-11
COURT OF OYER AND IEaMINEa.
The Alleged Violation Of the Quarantine
Laws-A Habeas Corpus.

The Alleged Violation Of the Quarantine
Laws-A Habeas Corpus.
Before Judge Cardozo
In the Matter of Richard Martin ana Aattae,c
Walsh.-This case came before the court yesterday
on writ Of habeas corpus. Mr.. Howe represented
the REALTORS and Mr.. johnson, counsel for the Com
81 me
Martin and Walsh, are Whitehall boatmen,
and having some friends on board the Eva, which
spoke TO them. One of the REALTORS boarded the
vessel, while the other remained alongside in the
police steamed up and arrested 6othmen for q VIC.
aton Of the laws Of he Of Health ana took
OF the PORT at Staten Island. DR.. Swinburne imme-
diatoy sent them down, prisoners, to the Quaran.
tine ship Illinois, there to be confined during his
pleasure. On this state Of facts Mayor Hall, on the
application Of Mr. Home, directed him to take out
the writ OF habeas corpus, which was brought before
Mr.. Howe lin answer to the returnh stated that In
tselfit was not sufficient because the production OF
the REALTORS was necessary. The police took their
not to-day produce them before the Court. Instead
OF that the authorities had sent an army Of police
men into court, who had as much injection in their
clothes as the prisoners themselves. No allegation
was made, even now, that these men were sick from
any disease, or In any way affected whatever. Dr.
himself had applied to the Board OF Health In refer
elce 70 the matter; and now he Mr. Howe) con-
would be- a regular traverse to the return.
There was no danger 10 the city to be antcl
cipated by the production OF these men In court.
Under the bill Of rights it was unconstitutional for
Dr.. Swnburne or any other person to deprive citi-
Zens OF their rights or mprisOn them In such man.
ner as this DR.. Swnburne could not tell whether
he should not discharge them or whether the Board
Of Health should not discharge them. He therefore
claimed that those persons should be produced IN
court.
Judge Cardozo-Are you willing to proceed with
out their productions
Mr.. Howell think not, your Honor under their
return.
Mr.. Johnson-The af1davits show that they were
on board an infected vessel and 1t was also shown
that it was obligatory on the Health Onicer to deain
Judge Cardozo-The Health O1hcer must produce
the bodies OF the prisoners unless ne shows clearly
that there is danger in 30 doing. II there be any
conflict In regard to that some suitable physician
should be sent to the vessel to investigate the mat
should not that course be taken before require the
production OF these partiesf
Mr. HOwe-The Health Of1cer cannot state to your
Judge Cardozo-The sole question upon the return
here Is whether there Is reasonable probability OF
danger by their production II there 1s not then they
must be produced. II the Health O3Lcer does not
undertake the responsibility OF seenv that they can
be brought here under habeas corpus without dan.
ger then think the matter should stand over, and
that permit should be got from the Health Ofcer
to have the matter investigated. ii the Health Om-
duty there is not the slightest difficulty in having
this investigation.
The further hearing was here adjourned until this
morning, at halfpast ten O'Clock. Dr. Neas, physl-
the court, with consent OF counsel to Investigate
the condition OF the parties.
| Indictments.
| Over hundred indictments, most OF which were
for minor Orences were handed to the Court by the
| Grand Jury yesterday