The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-15
SUPREME COupT-spEClAL TERM.
The Susquelianna Railroad Wharf.-The sheriff
Of Albany Fails TO Make a Return-Per.
emptOry Attachment Issued Against Him.
Before Judge Barnard.

Agrs chase rs. The Albany and Susqneldnnd
Railroad CoInpang.-Yesterday morning this case
again came up for a. hearing before Judge Barnard.
No one appeared on benalf of the Sheriff the de-
PENDANTS, and Mr.. Sherman, addressing the Court,
said:-May II please the Court, the sheriff OF Al
bany was to have made return before your Honor
this morning to the writ issued the day before yes
terday. do not see that he Is present or any one
10 represent him.
Judge Barnard-I understand that twelve O'Clock
Is the hour Of the arrival or the train: perhaps che
matter had better stand over until then.
Mr.. Snearnan--lf the court will remain open am
willing 10 afford them all reasonable time in mat
ter. There - another matter however, to which |
wish 10 call the attention OF the Court. Under the
previous attachment the defendants were arrested
by the Sheriff. and in obedience TO writ OF habeas
corpus produced them before County Judge CLUE,
Of Albany, who Illegally discharged them. 10 does
not appear that the She1r was subjected to any vIo
lence which compelled him to surrender MS prison.
ers and therefore ask thar fac be compelled 10 make
further return on the 10th inst, showing to this
Court more fully The circumstance under which he
permitted the prisoners TO leave CUSTODY III vio-
Iatlon OF the order or TINS CoRrt. In those pro-
ceedngs before Judge Clutc the District Attorney OF
Albany and son OF the Judge, VINO has been
interfering IN these proceedings whose duty IL
would have been 10 appear Tor the prosecution
"A criminal contempt, appeared for the DEFENDANTS
Unlike our opponents VINO invite the Judge 10 their
private Office. and from which he ISSUES MS orders
a. II from the court. we have never sought to
suit your Honor III private ana whatever we have
asked has been done openly IN and IN accord
ance with our firm convictions of our LEGAL rlrhts
Judge Barnard-i have been looking INTO TINS
matter with some degree of care, and am OF opinion
that w. Clute, signing himself County Judge OF
Albany county, entertained Jursdi tlon Of this
matter as criminal contempt wei knowing that
ID was a civil contempt. | am quite sure bnt he
should be brought before me to be punished for con.
tempt-
Mr.. snerman-I intend to follow these men az
have followed Others. Four months ago we wee IN
pursuit. aud they were finally oyertaKen as their
coat tails were disappearing behind "A safe. shan
follow these men, II II Is necessary and possible TO
the end OF time
Judge Barnard-T have some years to sit on this
bench, anu would as s00n deyOte them 10 TINS 10
anything else.
MIR. Sherlnan--l am young man also having
perhaps forty years az my disposal and am Wiling
10 devote them all 10 the pursuit OF these men.
The order was then granted, aud the hearing on
the return 10 the nOn-ballabe VIII was ad burned
until twelve O'Clock, when the Sbern not appear.
ing, order OF attachment wBs tsnen against him
by default.
.... Decision.
Cur0u 20 frugI1nd 4r EpDorf confirmed