The New York herald., 1871-10-31
Judge Barnard Entering Upon His Pro-
gramme Of General Jail Delivery.
Proceedings Before the Court OF
Oyer and Terminer.
THE DEBTORS CELL.

70 itH utmost capacity specially interesting lea
fure serving to draw such crowd together, was the
preliminary announcement that all the inmates OF
Ludlow street jail were TO be brought before the
Court on writs OF habeas corpus, and judicial In
qury made into the circumstances Of their arrest
and imprisonment. Others. not specially interested
in this matter, but having an alb
normal love Tor the horrible and bloody,
came expecting to witness the trials Of some
murder cases BY his side was Recorder Gurney, OF
London solid. roast beef looking sort Of English
man, and his face showing oil that imperturbaDle
gravity supposed to give such dignity to the wearer
OF tho ermne. Occupying seats set apart for them,
ana the cynosurc Of every eye, were the
INMATES OF LUDLOW STREET JAIL
There were just forty Of these, they having been
brought to the Court in what Is known as Sherin
Brennan's moonlight wagon, under the custodian
ship of Deputy Snerifs Tracy and Gardener The
prisoners van ct the Tombs is easily distinguish
able from outside spectators 1t was not 80 In this
case. With very few exceptions they were well
amused, and seemingly well fed and well cared for
body OF men, OF course nearly every man had his
lawyer, which served TO swell the general throng.
First there came
PRELIMINARY EXPLANATION
from Assistant District Attorney sullivan. He
stated that pursuant TO the directions OF the Court
he had taken steps to institute inquiries as to the
condition OF the prisoners confined IN Ludlow Street
Jail and report such Of them as might be deemed
worthy the consider alton OF the Court He found,
however, that any discrimination as to some OF
those prisoners might be deemed invidious and SUBJ
ject to misconstructlon. He had therefore
concluded TO recommend to the Court that
it assist each Of such prisoners TO prepare state
ment brief as possible Of the facts Of his
case and submit the same to the Court say by next
Friday. He would at the same time leave notices to
be given the attorneys Of the Judgment creditors
30 that counter statements might be prepared and
submitted to the Court. the list of prisoners not
held under process OF the United States included
some forty or fifty persons, and lie desired all TO
understand that they should have their day in court
and an opportunity to present the facts connected
with their individual cases.
WHAT JUDGE BARNARD UNDERSTOOD.
Judge BARNARD said he had been Informed that
there were some men confined in the jail whose lives
would be endangered by longer imprisonment.
replied % snaS ne was not aware nac OF
ter as TO endanger the party's life by detention
" Judge BSnNARD said there was a prisoner over
eighty years old, who had been Tor some time an
inmate Of the all-hls name was Charles Woods.
who had been detained on execution for $4l0 70.
This man was too old to be Id prison.
EDWIN JAMES SAID ne az Sappearsd f Ior S9ha 9h
ground OF III health and unhtness OF the prison In
which he was confined as TO healthiulness. He
submit medical testimony on the pont.
Judge BARNARD directed the testimony proposed
be taken before the Court stenographer.
MIR. VANDERPoEL suggested 10 the Court that II
any Of these parties were TO be discharged formal
charge might he matter OF record. The Sherif,
it seemed TO MIN, might be held liable to the plain
tits for the amounts OF the executions under which
the parties were held, Notwithstanding discharge
OF the Court in this form.
Judge BARNARD said he differed with the gentle
man here. If ho made an order directing the dis
charge OF these prisoners that order would protect
Counsel representing the plaintln In the case OF
Chas Woods, alluded above by Judge Barnard, asked
1t was case he SAID, in which Woods had collected
money IN 1duciary capacity for merchants In Full
to his oWI9 own use. Being collector, ne had taken
mere formal assignment for the purpose OF collec-
absolute. The whole case was before Judge Gilbert
on the trial and he had decided to hold the prisoner
motion would be argued tomorrow In Kings
county ior his discharge under the Insolvent act,
and II ne turned over his property there he could
PERTINENT INQUIRY
Judge BARNARD.What Is the use In keeping
man eighty years old IN prison. It can't do your
clients any good. The Judge then called up the pris
oner, who advanced with bent form and feeble
steps. -, u.u ., ,.,.a,,o ,,sro
"5eventy-seven ana half" replied the old man.
''What have you got to say in this matter ~ pur.
sued the Judge.
''rne assignment Of the claim was made to me
for services" ne replied Il used the money col
lcec Thought Ssa mad right
"Have you any money now"
'.You are discharged said the Judge, and then
added I'm my judgment an order OF arrest should
never have been issued IN this case"
Another counsel for some OF the plaintlfYS have
inquired Of the Judge II he would discharge q pri.
soner I'm a case where motion had been made on
part OF the prisoner in afildapts before another
Judge to discharge from arrest and that Judsc had
denied the mot on.
Judge BARNARD-Yes, shall.
COLORED PRISONER.
The case OF Johnson, colored gentleman, was
now called. IL appeared that sometime since, while
he was employed at the Belmont HOTEL lady con.
signed TO his charge trunk; that he gave II 70 mis-
wife at their house; that subsequently, the trunk
was given back to the woman, after which sne
charged Mr.. Johnson with having taken from 1t
dress OF the value OF $40. Thereupon this Johnson
was arrested and put n Ludlow street jail.
al did live at the Belmont Hotel.r
chargedr'
'1n discharge you," said the Judge.
EXCESSIVE BAIL.
Application was made for the release OF Joel 5.
Hayes. HIS counsel stated that he was imprisoned
on Judgment for $1,000, ana the bail Fixed at twice
"That bail Is too much, !" said the Judge.
'There are some facts connected with this case,n
interposed District Attorney sullivan, which had
better be examined into on Tuesday,"
'.Let the 20 over until then,r said the Judge
HISTRlONIC CHARACTER.
Henry Willeo is one Of the victims. 1t appears
from the statement that he entered into some sort
OF an arrangement 10 do something or other with
aed 70 DO Whas was required @ and ronsa mse
In Ludlow street jail, charged with breach Of con-
tract.
inquiries from COUNSEL the Judge postponed all fur
ther hearing In the matter until Friday, and In The
meantime discharged the Jury.
MEDICAL TESTIMONY.
subsequent to adjournment testimony was taken
at the next meeting Of The Court.
The rISK-MASSFIELD SENSATION.