New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-11-10
4 rAAAA1Y ASSEMBLTMAN IN IRONS.

JAMES IRVING ARRESTED FOR RESISTING THE
UNITED STATES MARSHAL, RELEASED ON
BAIL, REARREsTED, HANDCUFFED, AND
LOCKED UP IN LUDLOW-ST. JAIL.
Commissioner Davenport issued warrant
last Monday for the arrest of Assemblyman James
Irving charge Of assisting TO rescue from Marahas
Bernard and Dowley, owen Geoghegan, charged with
inducing Galus Pat" vote rauduently at last years
election Not knowing that Commissioner Daven-
port had issued warrant for Irving,
Commissioner White granted on Wednesday
warrant for his arrest for tie same
alleged crime. Marshal Bernard who had Commissioner
Whites warrant arrested Irving yesterday, and brought
him before that official Assistant United states District
Attorney Purdy stated that there circumstances
connected with the case which he was not aware OF
when the warrant which Irving had been arrested
was issued and moved that he be released on lis own
rccpgnizance TO appear for trial next Monday. In
opposing the motion Mr. Spencer counsel for the prs
oner, said:
My ellen, has been brought here on charge from
which he is abundanty able clear himself. release
his own recOgnizance amounts, virtually, to an
abandonment Of the thu part OF the Government
This will not consent 10 because il takes from my client
the power 10 cxonerate' himself he Is mere WIN MS
hondsmon aud insist that lie be required to give bail III
the regular way"
Mr. Purly-If the Government is w!in- that Mr..
Irving be released on bis own rccosnzauce don't see
what more can be asked. ,
Commissioner White don't what can do in this
unless release the prisoner Oh the motion Of the
Dstric'-Attorncy.
MI SpCnCer-I insist That ball bono DC drawn,
that MI Irving hc required TO sign II,
Commissioner Which, see no objection to such a
course.
al-bond in 800, appear for trial in the United
States Circuit Court next Monday, was then signed by
Irving and he was released.
As he was leaving the building he rearrcstcd ny
Marshal Bernard Commissioner DavenpOrts warrant
and immediately taken before him, when Mr. Spencer
said
About half on hour ago Mr. Irving was before Com
which lie has been arrested and brought before your
Honor Commissioner White held him, In 500 bail, to
appear for trial. l submit therefore, that you have
no Jurisdiction in the case The game the district
Attorney has undertaken desperate one; per
sOnal responsibilities involved in 1t, and him
that be IL playing with dangerous fire. When man is
another Tor the Identical oensC for WHICH
lie has been thus held the law rs violated and the
Mr. Purdy-I have played with fire 50 long that have
become accustomed to It, and have fears OF being
for the arrest Of irving did not know and Mr. White
did not know, that Commissioner Davenport had prev
The fact however that Irving has been held hail
Commissioner White does not affect the jurisdiction of
this Court over him The priority OF the warrant gives
priority OF Jurisdiction.
Commissioner DavenpOrt-Mr. Spencer. have you any
Nj Spencer-No, Sir; except courteousy TO deny the
jurisdiction OF your HOnOrr Court
Comm ssoner Davenport-Does your client propose 10
MI spencer-I have nothing more to say.
Irving then given int o the custody Of Marshal
Bernard who handcued him and took him in the back
room OF the United States MarShal's Office.
Mr. Spencer then applied to Judge Woodruff OF the
United States Circuit Court for writ OF habeas corpus
to bring Irving before him. The Judge refused the ap
pication but granted order for the Government to
show cause At IOf O. m, to-day, why haDeas corpus
should not issue. Irving then taken to Ludlow
II. Jail.
Marshal Dowey s In q critical condition, and but faint
hopes Of his recovery entertained. U. g. Marshal
Sharpe has offered reward Of 600 for information on
which the arrest and conviction Of any persons who
aided in the rescue of GeogheGan from Dowley may be
nrocured.