New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-02-09
a DEMOCRAIIC QUARREL.
THE SWEENEY TWEED ADHERENTs AND THEIR
OPPONENTS.

THE SWEENEY-TwEED ADHERENTS AND THEIR
OPPONENTS.
The Mercer-st. dance-hOuse has become no.
torous through the Incarceration In the City Prison OF
John Heernan inspector of buildings and the efforts
made to obtain his release.
One night last week ball was given at the above es
tabshment and usual at the entertainments there
the patrons were for the most part OF the class who
have no character TO Ose or very little TO preserve
Among the visitors Heffernan and young woman
who has assumed the name OF jennie Collins during
the ey enng these two quareled and Heernan caused
the arrest Of the Next day she was taken to the
Tombs and Hefiernan made his complaint. Under In
structlons, Jennie Collins made counter charge OF
assault by Uefernan and he sent by Justice Dow
ling to the Court OF Special Sessions for trial AT this
Court Justices Bowling and Bixby presided on saturday
and pronounced judgment on Heernan, which was mat
he servo ten days Imprisonment In the City Prison, ana
pay fine Of s25
The friends Of Hefernan in the Eighth Ward where he
resides and who regarded the allies OF the ruling
Democratic power there, not content with such
termination as they regarded he not 80
the members the Democratic party and force
them into the support Of the Ring wing they hoped 10
Henernan's counsel Mr. Peter Mitchell. went immedl
atey before Judge Mccunn, and procured writ t OF
corpus have him released returnable before
Judge McCunn, IN the Superior Court at Trial Ierm Oh
Monday ....
on that day the prisoner was not produced and the
adjourned yesterday On the hearing then the
the Of Ts S be- S Sad
had the necessary notice that the commitment was ny
Court having competent Jurisdiction after que tIaI
session. no habeas corpus In case OF ts kiha could
Issue returnable anywhere but in that Court;
be obeyed and directed an attachment to issue
ss e e aSe said perhaps
Garvin argument would be very well before him when
BODY Of So hS si prod Gs
body and make return and until then he would listen to
subsequently Judge Cardozo issued writ of habeas
corpus. returnabo before the oyer and Terminer In
Immediately after the termination OF the proceedings
| In the superior Court Judge McCunn announced a
alternative under the express and imperative provisions Of
he ," bat ~ to AN. :. S 's II.
such eb@s1. Do sq Ths proposes 70 re-
:s,s 81 IS s .y:a s! (:
s .s iss h ..;; ) \; \:
prisoners detention the wit imperative 60 eject Bis release
ns s brought s, "a So ~ SS e. p 's's s
prisoner sIli.ney O the writ
District 4tofncy GsIyia makes the toliSvl1S state
N Of S OF and
Dowlng and Bixby constituting Court Of Special ses
be as Ssss Ss SS. sS SS
fora writ OF hsesas corpus aud he allowed the writ
60 s Warden TO Of bring GS @ G
that he might inquire into the cause OF the detention
Tuat VIII WAS IcluIhhpio Oh INV ih VI us'y ~ -
! A. IN. At that hour appeared for tho Warden and
objected tho proceedings saying that was entitled
under the statute days notice 10 prepare the case
| whereas only had bonr. Judge McCunn overrnled
my obecon deciding that wac n9t wen iaken. I,ea
that no writ OF hsbeas corpus could issue because the
final Judgment had been passed tins man by Court
of competent Jurisdiction and he could not override their
proceedings any than IL II had been Judgment
rendered by the Court OF General Sessions or oyer ana
based my motion upon the fact that the record which
held hand and pat In evidence, showed That THIS
had been duly convicted. iinp1soned and therefore,
| he Judge McCnnn) had right TO discharge HIM Az
this stage Of tho proceeding, Judge McCunn Inquired
whether tho prisoner Court, ana upon being In
fonnd that ho not. said lao should commit tho War
den for contempt uDeas HeleIDan was Immediately pro
duced The prisoner not being produoed the judge.