The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-04-16
SUPERIOR cauaI-TsIAL Isae-7AiT 2.
Singular Habeas Corpus Cause.-The Foiblcs
OF "a Puriner-AIieged Fraudulent Repre-.
NEUTRALITY-SUSPICIOUS. Decision.
Before Judge Mcl;unu.

singular Habcns Corpus Cause.-The Toi5lcs
OF "a Pariner-AIieged Fraudnieat Repre-
acknowledgements Decision.
Before Judge McUunn
LVIndn B. Parsons Us. Philip ATpe.--A very sim
gular case was brought before Judge McCunn yes
teruay. the defendant appeared On writ OF habeas
corpus granted by the court ana directed to the
sheriff OF Madison county to produce the body OF
Appel. It appeared that the petitioner ana the
prisoner entered into partnership during the spring
OF 1868. in Oneida county. The petitioner charged
that the defendant made fraudulent represen
induced him TO enter INTO partnership, and that
after the firm had been legally formed he gave certain
prOmissoIy notes signed BY the hrm The parties
were dealers III hops. 1t further appeared that the
prisoner left Oneida county last week. and while at
HoboSen seeiug relative or to Europe was ar
rested. He was Immediately taken before Justice,
VINO held that he had no jurisdiction. and the
prisoner accordingly discharged. subsequently,
however. he arrested in New York by virtue OF
issued by justice OF the peace OF Oneida
county aud coun,ersigned by Judge bowling. lie
was then conveyed to Ludlow street JAIL but was
brought before the court on writ OF habeas corpus.
Mr. James +. Morgan, counsel for the defendant ap.
peared in cOurt when the case was called, aud the
facts were fully set forth The deputy sheriff. Mr..
r A Kimbali. stated the several marters regarding
the arrest Counsel having stated the facts and tue
matter having been presented TO the court,
Judge McCunn said-rnis prisoner Is brought be-
| fore me on a witt OF nabeas corpus, and his DIS,
| charge demanded by his counsel. Mr.. Morgaa and
the complainant ALLEGES IN his AFFIDAVIT and warrant
| to be true IN fact, yet IN law no crime has been
/ ~.
as fOllows:-In September last the prisoner said to
complainant, 'Let us go in partnership together IN
doubt dor mohey could be made out Of them besides.
he would guarantee that fact. lie also said
that his brother and MIN we. were wor. Ill, IN
| good. Upon this statement the prisoner and com-
plsinant entered into copartnership together as
| equal partners under the nrm name OF Parson Il
| Apple, and bought large quantities OF hops upon
Joint account for which the prisoner paid oil his own
| money mot complainant One-half Ia cash and gave
|
presence for the other half. The goods thus bought
especially by the complainant, and were redxed and
then shipped to New York and sold thete by the
The proceeds forwarded to the irm OF Parson Apple
This has been going on from september last until
within few DAYS some difficulty has arisen sen be.
tween the individual partners OF the trm OF Parson
Apple. "a - -.-..- -.--,-
Upon the above state OF facts complainant farson)
made application to a county justice OF the peace
for warrant for the prisoner (Apple) and obtained
same upon which he was arrested by the sheriff OF
Madison county, and was about to be taken thence
when the process OF this court prevented them and
demanded thet before the prisoner should be sent 10
a distant part OF the state away from friends, an
investigation into his conduct should take place,
so that his liberty should not be jeopardized II he
had acted honestly IL the business ness During the
| magistrate and as a civil Judge, have never wit
messed a case In which the innocence OF prisoner
has been clearly established as in this, and that
| too, upon the proof OF complainant alone The
charge is that prisoner induced the complainant to
cuteT Into Will Hiul w ldlse repre-
sentatiOns, and then, when partnership was formed,
| notes we're made which rendered The complainant
liable. i am certainly at loss 10 see where the
false representations are. In the compliments tes-
mony his statement under oath Is that the prisoner
said lie was IN the employment OF his brother in New
| York. II also shows that he simply said money
| could be made OF the transaction. Beyond this
l can perceive no representations. Indeed II Is quite
Gear that all the prisoner agreed to do he has faith
fully done and performed. lie has paid for one-half
Of all the purchases IN cash out OF his own funds;
his brother sold the goods and the pros eeds thereof
| were transmitted to complainant aud partner.
Where, then there any derelicton on The part OF
the prsonerf Indeed, If there ia any want OF the
performance OF duty on the part OF either OF the
partners OF the firm OF Parson Il Apple, 1t is upon
the part o. Parson, who neglected to pay his hall
OF the goods, because he tParson) testines
| that Apple paid OF his own money one
half or all purchases Instead, therefore, OF sending
the prisoner to Madison county, TO ne trel before
justice OF the peace, shall discharge HIM from ar
rest, and IN dong so take the privilege OF saying
that the arrest upon this warrant Is one OF mo I
uDwarrantable and unjustInable Kind. VIII also
| remark tina; 1t h nv belief that the complainant
who prompted this arrest the Squire who granted
the warrant and all others concerned in arresfins
this man, Apple are responsible 10 him Tor tue un
lawful acts upol his person.
| Counsel for the petitioner, j. Landman: FOR the
defendant, James T. Morgan