The New York herald., 1870-03-26
ANOTHER SEQUENCE TO THE BAILEY RAIDS
Issuance Of Writ Of Habeas Corpus in the
Case of Deputy Collector Koop-0ne Of the
Rumblings Of the Bailey Earthquake.


the Bailey case. Deputy Cohector Koop having been
arrested In civil action at the suit OF Jonn Tracy
b Co., the well known disters, the particulars OF
which have already appeared In the HERALD,
through his attorney Edward Pierrepont caused
application TO be made to Judge Blatchford for a
writ OF habeas corpus and certorafi, with view to
having the suit transferred from The state to the
United State Courts. Mr.. Pierrepont claimed that
the suit within the provisions OF the late act OF
Congress authorizing such transferring where the
defendant Is an orcer OF the Cnited States govern
ment Judge Blatchford, in pursuance OF such re-
quest, granted the following writ OF habeas corpus
which was forthwith served upon the deputy
jaior:-
Den OF LUDLOW ssrest jail. greeting-
ya a1 sys The SGy S
S ns s and S % S
q ss Unsa States for
New York n ths Second Circuit a. the United statos court
1870 bapsss four O'Clock r. NJ and receive vh.
shall then and there considered concerning him. and have
wiin... salmon p Chase Chief Justice of the United
''~'''' NC AD'' 'A' . EESSETH G. WHITE. Clerk.
Endorsed within wr e hereby allowed, March 49,
1870. SAMUEL BLAToHroRD, District Judge.
writ Of certiorari 70 the Cierx Of the Supreme
issue, which was duly served upon County CLERK
LOew by the United States Marshal.
O'Clock p. NJ before Judge Batchford, at which
time Mr. Purdy appeared on behalf Of Judge Pierre
p0nt for the prisoner. ana Mr.. Gardner, the deputy
jaier ION whom The habeas corpus had been served
IN the absence Of the Jailer with the prisoner koop
in custody. To the writ Of habeas corpus Mr.. Gard
ner made the following return:-
County J. upon whom The writ habsss
prior to me e 70 .as E 81. Cr wit the :s @ day
ao5sss osrsn sssSa oi the 'y fts New
mitmen order Of arrest, issued in civ1 action
on il the n Of the of New K9
defendant true copy Of which Ssreunso annexed
certify shss john Trscy tI John T.cy Charlie.
Tracy have an ntsrs'tn the CONTINUED desenon 81 sad
ONCE Is a No. NASSAU The city Of New York arc
as am informed authorized to wfHs yfPsisns 'fs GARDNER
SUPREME cogKT, NEW YORK coUNrY-Joan Tracy,
yoha Tray yr and chert Isaey plaintiffs .oshua r.
Sheriff the city and county Of New YorfT an
e a S x: sn p s
named and the case mentioned IN section
given the undertaking required BY law you required
me 'as ss'aa %
Van oou, win.ow Van do pla,nins attorneys, No is
g. sAkSSRb II Be- Judge s Supreme 'sa s'
In addition to the return required by law Mr..
Gardner stated that owing the short notice given
10 produce the prisoner no time ha0 been hlm to
noufy the counsel OF the Sheriff Messrs Brown,
customary in such cases, nor had the parties IN in
terest. Messrs. Tracy Co., been gwen any notice OF
the present proceedings, and he therefore asked the
Court for an adjournment Of the case until proper
notice could be given.
Mr.. Purdy, on benalf OF the prisoner strongly op-
posed such adjournment, claiming that no notice
was required by the law.
AS this SUIT appears to be the forerunner Of sew
eral similar suits OF the same nature. and viii lead
to somewhat interesting litigation, we give the AMI
dayit IN full upon which the SUIT tn Ihe Supreme
Court is brought
duly sworn. says that salesman in employ OF the
s m t rs. in The city q New York
that be was s such store on Che
ssias S4sg:s: ISs esass
seed 70 open !hs ;sts n ne ~.
proceed senn 70 %
s sss II M IF snSa .na q ~.
arrived :, sns store drl boa. and fcrss open
setting :ss forss
'1l
!. ho property psnas and some 'G 1 ssonsna
@ street siy New YORK 0n 'u'D ''0ls 70
s @ sh.1s. :sa s sors
refused watt and insisted going once, and did
That tho safe greatly injured rendered for
use and said books and not returned until
than twenty hours thereafter, the busness
and affairs of the plaintiff thrown into great confusion
By Of the premises No receipt for said books
papers given by said Koop though requested by de-
ponent aud no opportunity afforded for deponent to make
% nS e. fSs
to give ch opportunty and further deponsn. saith not
NELSON l.. AMES.
Sworn to before this 2lst day OF March, lS0-I T.
kIbreth Notary Public, New York county.
On this information Judge Blatchrord postponed
the nearing IN The case TIL this morning, at eleven
o'clock, when all paroles are required to appear.
Ia tnfn to folf
the latter claps' OF the great Bailey earthquakes.