New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-11-11
THE COURTS.
AssEMBLYMAN rRvINVs CASE

HE Is INDICTED BY THE GRAND JURY AND ADJ
MIrfED TO $4,000 BAIL-MARsHAL DoWLX
IN DANGEROUS CONDITION..
In the United States Circuit Court, yester-
day. upon the return Of the order requiring the Govern
ment 10 ahow cause why writ Of habeas corpus should
not Issue In behalf Of Assembiyman James Irving. tho
argument was postponed until Il D. on motion OF Mr.
Spencer and with the consent Of the United States Dis
triot-Attorney. Tho report that ct that hour the
Grand Jury would present indictment charging Irving
with the Same crime for which he had been arrested
on the Commissioners warrant drew to the United
States building Chambersst. crowd OF Tammany's
roughs" and repeaters," who appeared to be much
confused ut finding themselves In locality frequented
by respectable men, As the hour Of approached their
to know what be done with Irving had
Increased to such an extent that when at about that
hour the Grand Jury went up stairs to the Court
room they pressed close upon them, rushed tumultu-
ously into Court occupied almost every available
seat and In instances crowded inside OF the bar
When order was restored the foreman Of the Grand Jury
ssfng in rescnins from United States Marshals Bernard
and DOwley Owen Geoghegan, who was charged with
trctAtorney Purdy then that Irving be required
TO plead TO the Indictment stating that superseded the
action Of the Commissioner
Mr. Spencer-I have objection
Mr.. Donohue-Is not this very hasty proceedngf We
Mr. Purdy-No, Sir, Il is not and press my motion.
Irving was then arraigned. and pleaded Not Guilty
Mr. spenccr-I now ask that bail be- dxcd and that we
Mr. Purdy-I am not now prepared to argue the qlcs-
davis in regard to the critical condition OF Marshal Dow
ley. and these afidavits are not ready. ,,
Mr.. Spencer-I have seen several men who were with
DOwey last night, and they say that he Is not in crit
zeal cOndtOn-not even in q bad condition. IL the
abide by what says Irving is not going to run Away
all he wants is bail and speedy trial therefore ask
his his attendance Dowley dies the j1sdcoS Of this
Court over Mr. Irving ceases because the o1ense then
AfataO Hama and mn he a
court.
Judge wOodruG-Under what statute is this man In
District.Atorney Davis-The statute under which he
prisonment and heavy fine Mr. Spencer is correct in
the position he has taken II Dowey dies, the jurisdlc
ton of this Court in this case ceases and Irving be
tried for murder in one OF the state Courts am in
formed by trustworthy men that DOwiey Is IN very
rescue was made and II Dowey IA in such condition
shall not consent to Iyngs being act at Liberty ia any
ston that Dowley doe die he driving be turned
Mr.. Spencer-I ask that time be given for examining
into DOwlcys condition.
Judge W0druf-You can have until - o'clock to make
such examination.
At the hour named the courtroom again densey
crowded, but fewer Tammany "roughs' were present
Mr. spencer, continuing his remarks upon DOweys con-
don, said sent for DOwleys physicians, but since |
came into Court have been informed that can't get
Thorn their testimony would sustain my view of
Dstrict-AttOrney Davis-I do not want any crimina-
lions rcCrlminatiOnS In this matter.
Mr.. Purdy then read affidavit or DOwlcys brother,
I'm which he stated that DOwey in seni-cOnsrous
condition at IL M that he could eat nothing and that
he had six wounds the head and the right
cheek.
Dr. Place then testified a. follows in regard to Dow
ey's condition live at No. 3O7 East Broadway saw
DOwley ut y. M. to-day he was suffering from six
acprated wounds on the head, and one Oh the right
cheek his pulse greatly depressed; do not con
slider him OF danger. Crosse xamined-D0wley's
skull Is fractured do not think that he will die
but eryspelas may ill., and II does he will probably
die
Judge Woodruff think the prisoner is entitled to
ball. and fix 1t at $4,000
Chamberlain Bradley and Forbes Holland then quail
fed and accepted bondsmen, and the Dis
trict-A Attorney gave notice that he should call
the for trial next week, Wednesday. lrynES
counsel requested Coroner Young, yesterday, to
take Dowleys ante-mOrtem statement. but the
Coroner declined u interfere. The counsel
declared that he did not believe that DOwley IN
danger, and asserted that attempt making to
prejudice the public against Irving. The Coroner said
that he had authority TO go to Doweys house and
take his anemorem statement without having received
certificate from the attending physician thai his pa
tient in danger, being officially informed OF the
fact by the police. The counsel asked that physician
OF his acquaintance should be authorized to visit Dow
ley, this request denied. The Coroner I'M
willing. evidently to interfere with the United States
ant