The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-14
Marshal Barlow and Judge McCunn at
LOggerhcsGS.
BushWhacking About the United
States Court Buildings.
THE CASE OF JOHN II. PRATT.
The Marshal Fears Arrest and Surrounds
Himself with Troops.


consequence of ndustrlously set onlfoot and
kept rapidly flying to the effect that conflict
OF authority was existing between the United
states authorities and the State judicial
authorities, anu TO ada fuel to the fame 1t
was also announced that collision between
United States regular troops and State militia
was perously imminent. 1t will be remembered
that few daya since Judge McCunn, upon writ OF
habeas corpus discharged one John H. Pratt, an in
divdual then held by the United States under arrest
upon charge OF murder committed in Texas
Common reportalso placed Pratt In the light OF
Texan bushwhacker and desperate OF the most
''savagerous description who had slaughtered heca.
tombs OF inoensye citizens in the Ione Star State,
aud established a state of terrorism wherever he
went But tue particular charge against
him, which, by the way, has not YET been fully
developed was stated or und rstood to be the Kill
ing OF United States soldier; and this was readily
believed by many persons OF peculiar political pro-
olivtes, for the reason that Pratt in addition to
being now captured bushwhacker, had been al one
time major in the Confederate army
Now 1t so happened that at the time Judge McCunn
Issued his nat directing the release of Pratt the
latter was in the custody OF the United States auho
rites, and the order OF the State court was disre.
garded. United States Marshal Barlow is the GUS
todan Of Pratt, and when the Judge said pratt is
i,;' and Marshal Barlow has not yet altered his
mind. Various rumors have been set afoat that the
Judge had become exceedingly Irate, and was deter
mined that the contempt Of his Official position
th0uid not pass unnotced
Accordingly Marshal Barlow thought he had some
dignity at stake, and feeling that 1t should be
tanned in digRided manner he had force of United
States troops mustered al his Office yesterday
The army OF occupation comprises Battery @,
First United States artillery, numbering l51 men,
under command OF Captain Granger and two leu
tenants. InIs force left Fort Hamilton yesterday
morning shortly Scaiore I'VE O'Clock and arrived in
the city before Six they isa.areled az once to the
United tatcs Court building IN Chambers street and
were quartered IN the building. A DEAL oil taS
men were posted as sentrles IN the various corri-
dors and commenced pacing up and down Ia regu-
lar patronng STYLE
There was nothing more nothing less than this,
but the guid nu,cs at once supposed. and asserted
az fact that Judge McCunn mad called upon the
posse conattdtas, Sheriff. deputies anu state militia,
10 sustain and enforce his ruling The TACT was that
Judge McCunn had done nothing OF the kind, and
was as cool and uneoncerned about the whole
rnmpus as could be imagined. When the Judge ar
rived at his court he looked leisurely FROM VIA
dow and saw nothing VI any more star thing descrip-
ion than lot Of loungers around the United States
Court building opposite, which scene, by the way
is no novelty. The troops were ali inside ~
Marshal barlow was in his office ana Judge Nc
cum ditto each, II Is presumed attending TO MS
respective duties But q change came DER the
scene shortly, Tor every Tom, Dick and Harry was
boring each OF the officials in turn to know what the
military demonstration meant.
Marshal Barlow, when called upon by the repre-
sentatlves OF the press who were 'thIck as leaves
lu NHlldmDTOsa" merely INFORMED them tnat his
'.a.-tsiiaaa was taken under advice OF President
Grant, who va. in the CITY yesterday morning, but
left during the morning Tor pennsylvania. The
Marshal read portions OF an autograph iettes from
the President authorisng him 10 us al legal means
at his disposal TO resist any attempt On The far or
state authorizes to secure custody OF rhe prisoner
Pratt; also empowering the Marshal to take similar
measures to protect himself from arrest.
Marshal Barlow pus his own construction upon
tie authority so conferred and. deeming body
guard OF United states troops the safest "legal'
means OF Supporting MS dignity, they were accord
1ngiy furnisned him; and this fact-smple, at the
same time that was ridiculous-gave rise 10 all the
sensation. The impression every where almost was
mat Marshal Barlow mad resorted 10 an absurd
measure, as. considering that Pratt yesterday
and sim - confined at Fort Sehuy ler several miles
outside the city, the presence OF the troops could
only have been for the Marshals personal protec-
tion As an officer OF tne law, people considered
that Il would have been most discreet 10 him to sub
amt to It's operation, as the moss terrible instru.
inent That Judge McCunn could have directed
against thim Was warrant OF arrest. Had such
document been served no one presumes that the
minutes and the law nader which ne serves would
have been strong enough 10 protect him.
About Jour O'Clock tn the afternoon Marshal Bar
Bow eft his Office FOR his home III carriage accom-
panied by portion OF the troops who escorted him
20 the Staten Island ferry. TIE remainder OF the
lllerymen occupied quarteys In the building during
Judge Mccunn states that he is not prepared to
abandon his already developed course and saws
"Marshal Darlow cannot very well keep the troops
about nm during his whole term or once. l Viii
lave either the prisoner Pratt OF Barlow"
The Judge also states that Pratt did not XIII u
United States soldier; but that the fact is he is
charged wl,h being one OF mob who
Grant and stewart at Jer,rsonvile, Texas.
These three men had been Imprisoned
vile; and tue jail, at tine time OF the attack was
guarded by TWO Unlted states soldiers, VINO were
Oyeipowered but not injured.
The present Status OF tie whole matter is that Il
stands adjourned until next Aonday, when the ex-
animation s expected to take place before Commits
Hloner Osborn.
Judge McCunn expressed satisfaction at this and
SAID that he did not intend to issue any lurtner
orders IN The premises until that time.
The Pratt Case In Observation-Disclosures Us
derstanding Between the General and the
State Governments.
WAsHINGToN, August 13, 1869.
The Secretary OF War has been In constant CON-
munication yesterday and to-day with the federal
officers at New DIRK and the commandment at Fort
schuyler relative to the case Of John H. Pratt, who
10 charged with being the rngleader in recent riot
Gus proceedings at Jefferson, Texas. Some days
ago It appears that United States District Attorney
PierrepOnt gave It as his opinion that Pratt az
80 IN possession of the United states military
$50, ing requisltion irom the Governor
OF Texss mon p t;Ts t,or OF New YORK for the
delivery OF Pratt. Acung % TINS .Say AZ
In the meantime Governor Holman has
been nouned Dy telegraph that requisiiion
TO him from the Governor OF Texas. The Secretary
OF War dlsdvows all Intention or nursing Pratt
Of the state OF New OK without the proper legal pro.
cess. lie fears, however that this IL The intention
OF those who are making Strenuous efforts TO bring
Pratt under the custody OF the New ork state
courts. Inc War Department Is informed that the
evidence winch can Do producea IN Texas against
Pratt Is very conclusive NJ going TO show
hrs leadership IN the riot which resulted
IN loss OF llfc secretary Rawns does not appre
hend any serious conflict OF authority between the
New York State authorities and those OF the United
standing with Governor Hoffman on the subject
which VIII prevent anything Of THIS KIND. IL II tO'
determination OF the government to mold on 10 Pra
unui he can be delivered TO the Texas authorities
which WI be az speedily ~ the requiaition reaches
Governor Holman.
FINE ARTS.
we have received from Mcssra. Collins Co., d