, 1869-08-19
DISCHARGE OF THE REBEL MA
J0R PRATT,
Proceedings ISeforn United States
Com m Missioner OsborR-A Remark.
able Scene In Court

ApAc SE&Ac IN SOuIks
Fscm The Stv Fork Erening Res., Argu.. 10.
The dischRrge OF j, Il Pratt to-day by Commis-
sloutr Osborn MAS bFttny announced In our sec-
ond edition. Thc pfocecdtDgB IN th1a remarkable
casc coupled - It was WITH conu!ct Of 1ar1sdIc-
ton between the State and Federal Cour1s, were
rerJ interesting, and we're watched By q tense
thtong Of nefSouA
Aboni il O'Clock this morning Mslo. General
Mcdowell. in cCu.mlnd OF the EaateFn Uepaz1-
nens, and Drcyet Major General Ingalls,, who
serves rDAes hIu, we've N consultation wish Untted
States District Attorney Pet1epont In reference
70 the Course 10 be pursued III caae a2J atteupt
should be Intde 10 rescue Pratt Who was TO DO
brought down flum Fort Schuyler for Al c1atns.
nation before Emitted States Commissioner oshorn
81 noon.
1osh luFide aud outside OF the CnIteI Etates
Court buildings vast crowd had collected To vii
Ecsa the aITtsal OF Pratt and SEQ whether any at
tempt would fse ulade TO rekCue him
rev rtnutes he:oEe 1e O'Clock rratt, under
Elard Of Company u. OF the F!fzt regiment Of
tnsted States artillery. entered the bullt4ng trou
tic rear On Keade stleet, where there was no
crywd, Lo one anticipating such ~ entrance
IrAt& wAs quickly taken Into MarahA BarioW's
oEce. 70 b Eeld there rnil tho examination
Iac Upiied States District Court room, In
which the examination was to be held, Vas
with an eesrr and excited crowd Of spect8to,1.
utstE1et Atto!ncy 17efscpont declined Inak!nR
pnke she result Of tae conference between G..
circumstances thould 1rqu're It OF render It CT.
ped!ent
4 few minutes later General Pryor and General
John CGehrane, counsei for the prisoner, cnleEud
the room aud took seat inside the railing.
Al half-pas. ", Commissioner Osborn and the
Dstrct attorney. accomrsnled By Ass,stant D!s-
ately Afterwards PRATT entered, walking between
TWO ueutenAnta OF tie regular army. He took q
ITat,, who is;1 man abcul nTe feet four or are
lnchts high. HsA neatly dressed II hlack Euts OF
clolnipg. and Carried tn his hand straw lat ne
IL dark comp;eI1oneh, quite bold. and aAa Jet
tttAfE nQn6tArhe. He Is u AD44fEDt]Y 16OHk
40 years Of age. He was quite pale, and as he
took clslr and convere.d with his counsel
eyilce4 considerable ryout1tss.
When orler had beeu restored. Tie Comms-
Rioper asked: .-..-,...
ryehn I. Iras., ls fe i9 cSus: ; :" :, J.. n..,,,
Commissioner, TO Pratt. WHO tsJouz couo-
Plz,. +" oenera Pryor naa General cochsane
lii. iryor said that m orde. h1d been issued by
H. jEsIsce HcEEnn dssttargtus tho prtsouer from
clients Cause on account Of not having appeared
q; the previous examination, but said be DID not
appear then md would 10! IoW for the reason
thai the nIs1nsI VA 1eFaJ a. e
ing to the Supreme Court aec:aton IN tie CASE Of
Abel!Ean asatEs: Booth, A stase Coart hnd ~ 70
eneIaI FIJI repea 1as accor1,ns To lar. ,be
prisoner legally a a:ge, and. therefore, he de-
To this the Commissioner aaid that he hold thas
fne prisoner ls legally III custody, md be denied
,he jurisdiction o. Judge Mecann. -.. a..
case fcr the government lie said thAt, according
TO the at1dRv1t Of one Smith, the pfiaones bfukc
through guard OF LnIted States troops at Jcne,-
aided BY Others, murdered three personA lie e
Rlno Charged With Eeaeon aeainss the United
sae@ Me astsd e. isnga e. 81 ne aeaon N ne
t1s ..e.iy uewapspera the record oi Inc proceed
ipgs Before Judge Mccunn.
1t Is Of little importance TO the general public,
he eald whst Is 70 become Of the prisoner, but II
Il calte1 Of The Rrra1eat importance a3 demon.
laws Of the Tnited States show that the Con1tnis
6toner has turkdicuon and that 10 one else has
the power 10 ortle1 the prisoners discharge. Nj.
Fer1epont read from the statutes TO show that
undet stnuaI circumstances II u the duty OF tho
Stale Court 70 1eTand the pl1sonct u1tl hear.
Ing has becu had btfo1e the Federal conr1R. The
jurisdiction oi the State and United states Courts
IN c,ca of tins ktua Ere separate and distinct, and
New jersey Judge Was TO tA1c cogul11nce OF o
case " here prisoner IL heAl bJ Now York State
nuthoat! ior . crime oonmltted 70 th!s State.
Of Aattoa eoyJ.as Inner the Petition WAS Just and
proper, II be had failed 10 do 80 he would have
3n!en short o. Reforming hts duty. lie should
haye Ycnaaded the prisoner 10 the United States
authority whoge laws had been violated ard who
alpun had conpe1ent Jurisdiction lie clearly
transcribed bis du'y In dtsos.zssng Ma-in !acs,
lie contlnued 70 qnote 1t length from the laws
OF the Cnited States to show that the prisoner Was
properly before tho United States courts and
aneuaDle TO lie lARs. lie also resd the decision
OF Chief J1stlee Taney Ii the else Of Abelnap
agaslnst Boo.h. IN support q h!s position.
Tue speaker Claimed that taxing the prisoner
before Judge McCunu was matter OF courtesy
aId not OF right; that 1t was done BY the govern
nlent oiT,cets TO aFoid any appearance OF dlsrc-
g y " &
for taking The prisoner there was to call the At
teation Of the 5uass 70 the precedent a. shown
In the statute for holding him. He coutended
that al the decisions quoted completely covered
us ea!d that McCunn Ind no ngn, to discharge
the prisoner, a,FG5rcd as be WA DpDn warrant
issued hy Judge Nelson- lie did not think Judge
3cCuhn intended 10 bring about . conflict OF
'st,s;aeso, brs that ho nad stspped over the Inc
ln defence Of the course OF aIarshM barlow, ne
Enid that the latter WAk bound by bis off1cM oath
to d,AEefasd the order dtsehalg1ng tne pt1sonel,
prisoner here to-day, the time TO which the e1au'
Inatlou had been adjourned. IN acttnR thus be
ess iae et na eaa d .Re u
not oDlF to hold be prisoner, but TO defend hin
Rel1 from arrest as well upon process issued by
lie then Rad despatch from tbs Secretary OF
| Deputy Marshal Crowley wAa then called as .
| having made the aTe.t Of Pratt On the oth inst,
| near WASHINGTON Slcare be conttnned: ! Gauca
I tOO+
low street lail and a8kod Mr. Tracey, The keeper.
10 nsl him his name. Tracey asked hin, and be
replied, "jphn u. I'1ntt:" asked him 4 be was
I from Jefferson City, Te1ea, and he salt fes-"
Commissioner Osborn aaEcd PEast II he wished
10 ask the witness hny Q1e51loGS- ... ..
After Pratt bad consulted with hls counsel be
| replied IN The negatlfe. .,.
| District Attorney P,eHeponi said nc could pro.
I ducc witnesses wlo had hcan1 the testimony OF
the trial OF the parties Implicated With f1att, and
also r1pers relating 70 that tr1al but Il would no
| be legal evidence; The only evidence be would
| introduce would Ike the oral evidence o. CROW
| icy, and the AFFIDAVIT on which the warrant had
L.en Issued By Commissioner osborn for ffaft'i
| arrest. .-
| which the warrant for Praits arrest hAd bccr
I Issued was made On the S1st OF July. by party
who Is responsible Tor Whal he had srorn toi
md TEo W tHasE hasen H. aa n e
tary pfocf. On the 9Th Instant the prisoner had
heen brought before him md The chs1gt
| made Known 10 him, aud ne haa ue.
to The dss h1ed iol IN examination, he WI, d
| hal<aA rtsJnt had hecn Issued. md, through lhe
| action taktn thereon, the examination hsa peer
adjourned to she present t!me- uadsnot.the ssAit
I that be- would have already ACTED In the mannei
| he Nns atout to act He ha1 examined tho cast
on it nertts, and Was Eattsoud thst. lnalelallJ
ho1l The prisoner. Both the District Attorney and
himtt!t iiad taken the conrse they had rurs1ed
1 because they deemed IT nEhs to MAINTAIN the dig
nifty Of the laws oj the 1'oited states: sndit VA
! EfnriT End P1re1y LecaQBe on tie evidence sub
] utieI there we're no facts sufficient 10 hold The
| prisoner, that he should order his discharge
immense applause from lArRe portioa q the n5
| alence, who areourAnled Pratt from the buAa
| tHGs, cheering at abort Intervals
| Tho National Capital.
/ Ftt1n The Chicago SfGndarti