New-York tribune., 1871-09-26

NETWORK, TUESD1
MAGISTRATE to allow him to see her and be had beo re
fused Justice Ledwith asserting that this was ma tor
involving 40 100000 and would be allowed to see
the accused Nevertheless when the speaker saw Mrs
Haggerty abe told him that three or four per.
sons, one Of whom she knew to be law.
yer, had been permitted to zee her, and she
had been questioned, evidently with n view to
leading her to crminste herself her husband Judge
Garvin the had given It "a his opinion
that the oense was bailable one, but left with the
discretion Of the magistrate to accept or reject bail
Justice Ledwith said he would follow the precedent set
by Justice Dowlng, and decline to accept bail at that
time. Mr.. Graham had urged the discharge of the
accused on the ground that she had children dependent
her. and that her absence would be injurious to them
Justice Ledwiths in this case had bean exceed
ngly partial and unfair. He had been prosecutor coun-
seor, and Judge. He had flied his "roost'-for
90 he termed his Court - with conversational
speculators. He had first intended to procure
the release Of his client by means Of O
writ Of habeas corpus, but he was unwilling
to far reflect upon the character Of Justice Ledwh as
magistrate to proceed TO this extreme measure He
denounced the action Of Justice Ledwith meeting with
the Committee OF Seventy, OF which he @ member,
and then sitting in judgment this case He had de-
termined Saturday to send Justice Ledwith word to
commit his client for trial else discharge her; the
notes written by DistrictAttorney Garvin and Mr..
Beach, two Of the most eminent lawyers Of this city, had
been given to Justice Ledwith Friday and yet be had
fit disregard their opinion that the lady should
be discharged He had on Saturday sent word that
Monday he would his client to be discharged The
following copies Of the notices to Justice Led
with:
THIRD DISTRICT PoLICE COURT.
The People Of he State Of Fe,o- York agt. Catherine
Heggerty. Justice Ledwith having as We conceive,
mendations of yourself, as District Attorney, and Mr..
the Be- S% n
sy notice q which aerss1to Ts was
dsc6asd IN the meantime win ill please take noos
that motion win be made In the Court Of Oyer and Ter
%Re 5 Of tn S% opsns Of s on M0.SS as
after counsel be heard that the defendant be abb
n r %
or other order for relief In the premises MS % the Court
n SsT to hs the nsss
served upon him as above mentioned.
GEO. OWEN Attorney for Defendant.
To g. B. GARvN, Dtstriet forney.
The following is copy Of the letter sent to Justice
Lcdwith: -aS,--...-
DEAR sIR II, notwithstanding the communication
handed to you from Judge Garvin the Attorney
you TO retain Mrs Haggerty prison. you here
y By pStsS S that no hearing the agsns: her
or intended to be asked before and that you at
that you should hold her to answer for or any crim
her rS rshfs se
WITH E be- n Of T. %o Win as
also to take notice that such course IN reference t9
a law viii aS Ge sr as e Will
' GEO. OWEN, Atty for Dert.
To the Hon. T. A. LEDwrTH.
This what had prompted the action Of Justice
Ledwth in accepting bail for Mrs Haggerty late Sat
urday Counsel have to be bold times the judges,
their masters although the latter at times willing
crawl meanly their bellies to reach their positions
He had intended Monday to 40 the Court Of Oyer
and Terminer and demand examination for Mrs.
Haggerty Counsel continued at considerable length to
denounce the action of Justice Ledwth in meeting with
the Committee Of Seventy declaring that he could
act imparally in Q matter Of this kind He finally
interrupted the Magistrate, who said he thought Mr.
Graham travelling ontside Of the caee under
sideration -,
E1Judge Barrett said be had visited the after
her arrest in company with Justice Iedwith and Others
Not word of intimidation addressed to the
On the contrary che was told that she need not
say word to crimnate herself absence Of coun
sell When the resolution asking Judge Garvin to allow
Mr. Beach to conduct the for the prosecution
passed by the Committee Of Seventy, Justice Ledwth
not present. He called on the DistrictAttorney
with reference the matter and the latter declined
accede TO the request but allowed the gentleman named
to act as associate counsel He knew that the Commit
Of Seventy had every confidence in the law officers Of
the county,
DistrictAttorney Garvin said he thought Mr. Grahams
zeal for his clients sometimes carried him away. He
could allow the assertions OF the counsel TO by
UNDECIDED. He had suggested to Justice Bowling that
in view Of the public feeling would be well to commit
the prisoners for the present without ball. Counsel had
called him and requested to be allowed TO take charge
Of the prosecution He had declined, because he had
never allowed TO pass from his direction without
regrettng 1t afterward He had always done his duty
fearlessly and honestly He had never knowingly al
daa nnIoh hrnan M
had he ever prosecuted person whom he believed to
be innocent He had found Mrs. Hsggerty in custody
and Justice Iedwith proposed to commit her, He had
no objections at that time After the examination on
Friday believing that she was the wife OF one OF the
prisoners present he had requested her discharge in
obedience TO very plain axiom Of law wife Is sup
posed TO act under the restraint Of her husband He be-
neved Justice Ledwith had acted honestly In this case
and that he was actuated by conscientious motives when
he sti refused to discharge the woman He could not
see that his action had anything TO do with this case
They we're there to ascertain any crime had been CON-
mitted by the prisoners He pledged hlmse hat tney
were held by the magistrate be would promptly send
the to the Grand Jury.
Mr.. Graham thought that the District-Attorney had
admitted much that he himself had asserted de again
denounced the action OF Justice Ledwith'
Justice Downg said that he could not shape the &C
ton Of another magistrate and suggested that the case
proceed.
Mr. Graham said he here TO look after ne interests
OF his cep He thought his remarks were pertinent 10
the case II his Honor were member OF tne iammany
Hall General Committee he would not be apt 70 Ake an
active mart in any prosecution they might get up.
The examination was then ordered by the magistrate
to be continued at once Mr. Graham said to the witness
that ~ her nerves had not shaken by the long dis
cusson be would proceed to her. sAe tes
tilted as follows:
CROSS EXAMINATION OF AARr CoN"Af'