The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-08-14
THE PRATT CASE.

SOME of the New York judges seem deter
mined to lose no opportunity to render them
selves as ridiculous and troublesome as posi-
BILE. The famous McCunn, who probably
fears that the judges connected with the
railroad war have descended to lower deep
than himself, has been making desperate
effort to regain his lost laurels by his inter-
ference in the Pratt case, but from present
indications he will succeed only in exhibiting
his imbecility.
The prisoner, j. H. Pratt, is accused of
completely in several shocking murders IN
Texas, the victims being persons in the GUS
tody of the United States troops, and OF being
one of the most dangerous and turbulent
spirits of the Southwest. His imputed crimes
were SO numerous and outrageous that the
military authorities felt compelled to make
energetic efforts to capture him, and the
pursuit was so persistent that he was forced
to leave the scenes where he had delighted in
rapine and bloodshed, and find refuge in the
slums of New York. Being discovered there,
he was arrested on a warrant issued
by the United States Commissioner
and in the natural course of things
the only question at issue would have been
whether the man arrested really was Pratt
and whether there was good reason to believe
that Pratt had endangered the peace of Texas
and defied the military authorities of that re-
gion. At this stage Of the proceedings, how
ever, McCunn seems to have discovered an
opportunity for gaining unenviable notoriety
by raising State rights issue, and endearing
himself to the pot-house politicians
of the Democratic party by granting
a hearing to the prisoners counsel,
which closed by the issue of a peremptory
order for Pratt's release. But as the United
States Marshal had the prisoner in custody,
and as the United States Commissioner had
not made his decision in the case, McCunns
action commanded no respect and its only
practical influence was to incite Marshal
Barlow to greater vigilance in guarding his
prisoner. The irate McCunn threatened ter
rible things, and wild rumors prevailed of the
expected intervention of a regiment of New
York militia under the command of the
Sheriff, on behalf of the Texan murderer At
this juncture Marshal Barlow received an
autograph letter from the President, directing
him to use all means at his disposal against
any forcible rescue, and to retain his prisoner
which means that if there is to be a fight for
the body of Pratt it must be big one, and
one that even the bloody Goth of
New York would scarcely be able to
carry to a successful conclusion against the
authorities of the United States. After this
fact became generally known, Judge McCunn
simmered down. He concluded that he was
not SO terribly anxious for Pratt's immediate
discharge after all. He would wait until Mon
day, and give the United States Commissioner
chance to investigate the case on the basis
first proposed; and that investigation, we
opine, will decide the whole matter. If Pratt
is set free, Judge McCunns interference will
be useless and if Pratt is remanded back to
Texas, Marshal Barlow and the Government
troops will not have the slightest disposition
to hold him subject to McCunn's orders.
The legal controversy hinges on the status
of Texas and the peculiar powers of the mill
tary which arise from the special features of
this case. 1t may be that the whole subject
will finally be referred to the highest judicial
tribunals of the country, and if any doubtful
points are involved, this course will be taken;
but meanwhile the eagerness of judge of
McCunns calibre to precipitate collision
with the national authorities is ridiculous and
contemplate.