The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-22
SUPERIOR CouHT--spEClAL TERM.

The Rutier Habens Corpus Case-Dischnrge
Of the PrisOner-OpiniOn Of the Court.
r Before Judge McCunn.
In the Matter or George r. Rutter, a prisoner
The details OF this case have already appeared in
these columns. 1t is sufficient here to say that Ru
ter as the President Of thesFirst National Bank OF
Tennessee was entrusted with $780, OF the State
School Fund. The bank afterwards failed and Rut-
ter came to this city, which he made his residence
After the failure Of the bank he was indicted by the
Grand Jury Of Davidson county, Tennessee, for lar
ceny, breach of trust conspiracy and embezzlement
as appears from the papers submitted 10 the
court Information of his whereabouts hay
ing reached Tennessee he was arrested, and
reuuisition from the Governor of that State was
forwarded to Governor HOFFMAN for the rendition OF
the prisoner. Pending the issuing OF the mandate
Of Governor Hoffman, Rutter was brought before
Judge McCunn on a writ OF habeas corpus, Whlcn
was made returnable on Friday. The proceedings
OF the court reported in the HERALD of yester
day. In discharging the prisoner from the custody
of Superintendent Kennedy the Court rendered the
following opinion on the questions arising IN the
case:-
this exhibits that the prisoner was arrested and is de-
tanned authority whatever The reqnson produced
York might conformaels 70 law BE- made the basis Of
s and DOR Without more aods no authority or us
cation Tor his imprisonment So likewise the 1 Hs
merely iesr.ay statement communicated sy ise
' an
wealth This paper apart from being nothing more than
not Incorporating copy the charge
E s IL s State q
smith st TSnsqR M TSp %
appears on the lace the return, the prisoner s held
Without warrant process or other authority Of Jaw
and in violation of a. the sacred safeguards Of the liberty
S the e New 'n plainly Il
Corpus act ne oaesr before whom writ Of
habeas corpus returned to examine into the of the
prisoners detention and appears he rs ilegas confined
ba him. but forthwith to scSarse HIM By the Con,
sutiOn of the United States well of the state Of
liberty or property without due process Of law. Now,
es have no But dscSars
the m co1Sst t that the held
date arrive from tbs Governor OF New York Anxious as
s,as: n. sisiSts. YORK msss !. my mpssssi;s
detsin him a single moment l would only,
and Of the State Of New York, bu. would disregard my
otaea duty and set an sI,mps Of aws'. invasion o. per
msdvon and punitive cbastisemen. Happily the people
eminent prevalent other countries, but in Of law,
where the rights of the citizen and above ALL the RICH, Of
seesGe. and he mos, sanctions matter
9um arrest 1s hsw by
having .Ts.dy too hardly wiz p.
stance Of the District Attorney Iemsnded him until Thurs
pre-. f9obaSs ne
right discharged nothing being shown
me, and with him 10 tbs writ Ths
consssedy insufficient TO authorize mis- imprison
ment but socou maybe unduy solct0us TO prevent the
trict Attorney tweu,yfour hours within which to ale
amended return I can hardly doubt but my duty
and that he has already imprisoned a without
Of Justification cannot consent to dstan
sy :asss from the
and surrender OF the prisoner Very we'll Under
taken and detained, aud II there be appre
hension OF his escape meanwhile upon proper affidavit
Tor extraditon Tennessee. For myssf cannot ger
be party his liga imprisonment Let the prisoner be
discharged.
Decision.
BY Judge Jones.
Chapman Slate company rs. John GdH.-Motion
granted.
IN ne Mater, &C., OF Emma Thompson to be dis
charged Oa haoeas corpus.-Prlsoner discharged on
giving bail for 800.
charles WoD rs. Isaac Sche,rey ct aL-Motion
granted on terms
! Abed Wheeler ct oil es James French-Motion
directing the clerk OF this Court TO pay moneys
granted.
I'ahick G. XeuM Us. Alred L. Tilto,, e, al.-Mo,ion
granted.
Ed,card Fan Ness ~. sarah H. Tolt1 Neryo ct al
Motion granted as to defendant
James O'Brie,, Sheriff. cs. Merchants Insurance
COmpdny.-M0tion granted
IN ne matter or Nary T. Grof.-Prisoner dis
charged.
Hleuzer NJ. Corne 10. Frances ~ Bilby--Extra
allowance OF nifty dollars granted.
Frederick Hoffman rs. Emile P0s9udy-Moton
granted and reference ordered.
Rebeccd Grdy, ADMINISTRATIVE, DC, U.s. National
Sied,n NuDfqotion Company 6c.-Motion granted
Louisa woodbury. Us. Henry Ddte-Motion granted
without costs.
PredericE Peter rs. Mary Rosenthal- Motion fol
writ OF inquiry granted