The New York herald., 1871-01-18
CONFLICT OF AUTHORITY.
Observation-Disclosures Of the Federal
and Stats Courta

McCunn one OF the Judges OF the Superior Court OF
the city OF New York. issued writ OF habeas corpus
to General Nei, commander OF the federal forces at
Governors Island, to produce before him q man
named Casey who had enlisted IN the regular army
II being charged that this man was under age
General Neiu believing that under the law he was
not bound 10 produce the party In question before
Judge McCunn, disobeyed the writ. Yesterday
Sherin's oficei. armed with attachment for con.
tempt, waited upon General Neil, served the paper
upon him and took him into custody. General
Ne submitted to the arrest and Immediately after
wards Lieutenant Gardner, counsel for General
Neill, applied to Judge Blatchford, in the United
States District Court for writ, addressed to Sheriff
Brennan and his officers, to show by what authority
he placed the General in custody. The writ was
made returnable yesterday afternoon in case 1t
could be served In time for the Sheriff to put in an
answer.
THE SHERIFF AND THE GENERAL.
At halfpast four O'Clock Sheriff Brennan, with
General Nel, appeared In court before Judge
Blatchford. Mr.. Smith, Of the firm OF Brown. Hall
& Vanderpoel, acted counsel for the Sheriff, while
Noah Davis, United States District Attorney, and
General Davies, United States Assistant District At
torney, represented the government and Lieutenant
Gardner acted as special counsel.
General Neill Is an extremely fine looking man.
His bearing Is that OF q perfect gentleman and
thorough soldier. He has pleasant. genial smile,
which illumines his features with an air Of benevo-
lence and kindness; and there is no doubt that he
has acted in this matter not from any want OF
proper respect for the State Juuge but because he
ia, very naturally, as an officer or the federal govern
| ment impressed with the conviction that, In all
matters relating TO the enlistment or soldiers In the
regular army. he is obliged to render account only
| to those who are charged with the administration
| OF military AFFAIRS.
sheriff Brennan was also present, but as regards
his outward appearance and his characteristics,
1 comment Is Unnecessary"
| Lieutenant Gardner as matter Of form, stated
that the Sheriff was present with General Neill.
| Counsel for the Sheriff read the return MADE by
| the Sheriff 10 the writ issued by Judge Blatchl0rd.
II stated that the General was taken into custody
and he'd on the i7th OF January 1871, under writ
| and that he was still In custody by virtue OF such
| writ. The
stated that 1t commanded the Sheriff to bring before
| Judge McCunn one John Casey; that General Neil
refused SAID command py not producing said Casey,
and by not making full and explicit return to said
/ writ.
The Court inquired of District Attorney Davis If he
| The District Attorney.-No traverse being laid
the only course is discharge General Neill. The
allegations in the petition not denied. The same
facts are alleged in the petition or General Neill
appear by the return Unless there be traverse of
be discharged.
The Court-There must be either demurrer to
the return or traverse. II the facts are not ira
versed they must be assumed to be true.
The District Attorney-There is no fact stated In
| Counsel for the Sheriff stated that they did not
have copy OF the petition Of General Neil served
The Court-As 1t stands on the return 1t is
| NAKED CASE OF CONTEMPT OF COURT,
but there Is nothing in the proceedings SO far, 10
snow that ths man Casey Is an enlisted soldier.
take judicial knowledge OF the fact that the Superior
Court Of New York can issue writ OF habeas
corpus.
Lieutenant Gardner-We were aware of what the
return would be. we made the petition OF General
Neil part OF the papers, and have annexed copy
OF 1t.
The Court-They have right to put in some plead
be joined The prisoner may deny any Of the ma ma
terla facts set fortl In the return, or he may aege
laws Of the United States This nav be dome a6dep g
oath, or the return may be amended Then the Court
MAJ may proceed l., IN summary manner to determine
to the return-to the facts OF the return-ether o
| DENIAL or confession and avoidance, or deten-
| ton that Is contrary to the laws OF the United
| some pleadings before me.
refer to the facts set forth In the petition and refer
to them without settling them forth in the traverse,
and M alleee them oy way Of answer to the return.
The District Attorney then read the petition Of
in violation OF the laws Of the United States and the
General swore to the truth OF the allegations 1t con-
tanned.
Counsel for the sheriff. suppose no further
pleading on our part rs necessary
The Court-Unless you deny the statements in the
petiti0n or any part or them. You must either deny
them or you may be held TO admit them.
Counsel-H0w can admit themY
The Court-YOu can admit them by not denying
them.
Counsel Tor the Sheriff then put in denial to the
statements made In The petition.
The further hearing Of the case was adjourned to
Saturday next at twelve O'Clock.
Lieutenant Garner-I presume the other side win
have no ooJectlon TO General Nein going on his own
rec0gniZance until that timer
Counsel for the Sherif-Ony the Sheriff would
like TO know what return he Is to make 10 Judge Nc
Gum.
AN ACT OF CONGRESS TO THE RESCUE,
Judge Blatchford said there was an act OF Con.
greSS which would relieve counsel from all dlflcu-
ties, and 1t was 10 the effect that pending such pro-
ceedlngs as these and before the final Judgment OF
TINS Court was pronounced all acts OF the State
court should be considered as null and void That
provision was TO meet such case as this.
The proceedings then terminated.