New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-08-17
- PRATT CAsE ENDEp.

THE PRATT CASE ENDEp.
DISCHARGE OF THE DEFENDANT BYrU: $. COM
MISSIONER OSBORN-MAJOR-GE GEMS M DOWELL
AND INGALLS, PREsENT-A LARGE CROWD
IN ATTENDANCE-JUDGE MCUNNs observed
ORDER
Yesterday morning, shortly after u O'clock
Major.Gen. Mcdowell, in command Of the Eastern De-
nar,ment and Breyet Maior-Gen ingalls, who serves
under him, were in consultation with u o. District
Attorney Pierrepont reference TO the course to DC
pursued IN case any attempt should DO made to rescue
John H. Pratt the alleged Texan murderer and traitor
who was to brought down from Fort Schuyler TOT an
examination before u g. Commissioner Osborn ht ~
noon Both inside and outside Of the U 3 court puo
,Dgs vast collected 10 witness the arrival OF
Pratt, and see whether any attempt would be made
20 rescue HIM Shortly before a. Pratt under guard OF
Company Of the Regiment s. Artillery, entered
the buildings the Reade-s eide, there being scarcely
any crowd there very few apparently knowing Of such
an entrance Pratt quickly taken into Marshal Bar
lows office, to be held there until the examination
should commence. Tbe o. e. District Courtroom in
which the examination 10 be held, was opened
shortly before o'clock and Immediately hed with
eager and excited crowd of spectators. pstnctAE
torney Plerrepont peclined making public the
result OF the conference between himself and
Gems Mcdowell and IDgans, unless eircum
stances should require 1t or render u expedient
Shortly after 12 Roger A. Pryor ard John Cochran eoun
eel for Pratt appeared, and were followed by District
Attorney PerrepOnt and Assistant District Attorney
jackson who appeared for the Government. Shortly
afterward the Commissioner called the case, and Pratt
was brought into the Courtroom, and sat down by his
counsel Pryor said that an order had been Issued
by Mr. Justice McCunn diseharging the prisoner from
custody and dsclamed having abandoned his clients
cause on account of not having appeared at
the previous examination, but SAID he did not
appear then and would not now for the
reason that the prisoner was legally at liberty
Commissioner Osborn said that the case Of Abelman agt
Booth settled the questions arising IN this He, the
he
10 interfere with the It's present posture, and ne
considered the action Of Mr. Justice McCuRn null and
void and he would insist upon proceeding with the ex
animation and requested the DistrictAttorpey to pro-
eeed with bis proof DisrctAttorney Perrepont said
he did not exactly understand the position OF the defense
Mr. Pryor said, in the opinion OF Pratts counsel, he
(PratD was legally at large. Commissioner Osborn
Said ne considered Pratt in the legai Gus
toby Of the United stafes. DlstrictAHorney
errepont said that complaint on which the warrant
s issued for the arrest Of Pratt recapitulaed the
crimes Prats had committed against the United states
Pratt had before the State Court merely az an
act of courtesy and he had been remanded 10 the
tody Of the Marshal by the State Court, and had sp
peared for On examination before United States Com
missioner on the same day. when, it being late and all
parties agreeing, the hearing was adjourned to
Thursday last, at 10 a. m. Then succeeded the
opinion Of Mr.. Justice McCunD, and a state
ment that he had Issued a warrant for the
arrest Of the Commander Of Fort Schuyler and Marshal
Barlow. on the day OF the adjourned examination the
Marshal had appeared that the circum-
he might not be considered as being in contempt
for not producing Pratt The matter had then, by con-
~ was matter Of grave Importance that this case
should be properly adjqdcated The question Of the
had been decided by the late The questions of
jurisdiction arising m the present case had been
% the Unsed States The statutes q cur ga ga
be duty OF State Court 10 remand person brought
up before Il habeas In cases like the present Mr..
suggest that State Judge could take the prisoner from
before MIN while under examination and yet this was
sought the present case, for the prisoner under
examination before Commissioner Osborn, who simply
McCuun was bound to issue the writ Of ha6eas
corpus. but on being ofhelaly informed that
Commissioner Osborn on charge of treason
he should have dismissed the writ as having no force
the Attorney in the fourth volume OF the Opn
Attorney had received a letter from Gov Hoffman,
informing him that the Governor had received telegram
Inand the prisoner to Texas telegram was not legal
evidence and could not be considered II legal evil
he should expect him TO be discharged DeputyMar
Government After testfyng TO having made the arrest
OF Pratt the 9Th inst near wSshngonsguare, he con-
Twas mistaken told him was not; took him TO Lud.
iowst Jail and asked Mr. Tracey, the keeper TO ask
III Pratt asked him n he was from Jefferson CITY;
he wished TO ask any questions After
Pratt had consulted with his counsel, he replied in
the negative Dlstrct-AttOrney PerrepOnt said he
could produce witnesses who heard testimony on
papers relating to that trial it would not be legal
evidence The only evidence he would Introduce would
lie the oral evidence OF Crowley, and the affidavit
which the warrant had been Issued by Commissioner
Osborn for Prats arrest Commissioner Osborn said the
affidavit on which the warrant for Pratts arrest had
been issued made on the 5lst Of july by a
sworn to, and who had further stated sSst he could
corroborate the affidavit by oral and documentary proof
9th inst the prisoner had been brought before him
and the charge made known 70 him, and he had de-
manded an examination. TWO days pror 10 the day
xed examination the writ OF habeas corpus had
been issued and through the action taken thereon the
not the State Court pursued the course 1t had, he
had no doubt that he would have already
had eIami1ed the case on its merits and was
satisfied that Judieialy considered the evidence
was not suheent 70 hold the prisoner Both the Dis
tnetAttorney and himself had taken the course they
had pursued, because they deemed maintain
the dignity Of the laws of the United States and IL was
simply and purely because the evidence submitted
there no facts sufficient 20 hold prisoner that ne
should order ms discharge When the Judge pronounced
the discharge OF the prisoner tremendous cheer arose
Pratt Immediately stood up, and accompanied 6y his
counsel left the room IN the midst Of Jam which Would
have been fatal 70 person Of fra build The cheering
that accompanied his exit was immense He and his
counsel hurried across the street 70 City Hail Park
the crowd still furiOusly rushing on and Cheering
They crossed the the eide nobody seeipg
20 know their destination Some said that Pratt was
making for Canada. After getting OF the Park a
coach was hired, and Pratt drove to No. 6 Bond.st
where he resides. Marshal Barlow, knowing
what Judge McCunn had TAKEN not free from
apprehension OF arrest even when he heard Of Pratrs
discharge, end thought II prudent 10 dispense with
the soldiers TIN the last should be known The Marshal
was fully determined yindeate his uDQuestlonable
right At AL hazards Shortly after the soldiers were
allowed TO 10. They went back TO Fort Hamilton being
rather pleased than Otherwise with their to
While the above proceedings were progressing before
1 S OlsD3rp Jndge McCunn prepared tue fol
officers for immediate execution in ease prisoner was
held by the United States authorities:
whereas Noble Bags h applied me for warrant to tale John
j. Pratt alleged 70 b illegally elauee United
aDhG At Fort Schuyler and whereas Gppsars from proof before ne