The New York herald., 1871-11-10
JIM IR Y IN G
INV hA-"'D''e' " ~ sixteenth Assembly
"sfiol III .,renre Vle-A High.
1sUdcd Preceding
TIE CASE IN COURT.
MI. lrving's Anest---Discharge---F. lis
Reauest and COMmiiial.

Yssterday-s very remarkable case wss bre ugnthup
a the Uutea STATES Court before Corn missioner
Kenneth q. White. on the 9th inst. u wrnnt was
Hsuoa by Commissioner Davenport for The arrest OF
one Owen Geoehegan on charge oil Saypiy induced
man WHO g3es by the soortq''et~of g Hiows Pat'
70 vote ~ An election In is7o,s DepHy Aashais
Dowiey spd Bernhard went 20 ysecaie tneS"Mfsant.
They su seted Geognegan IN the nalgnts'rhocd oi
Eightee rtn street aud avenue A. IL appears tnat
shey ere immediately set;SHpon ny afcrowd Of
vOughf and IL has now uan0pTed that ISow'ey was
very pauIy beaten upon tisst occasion. fhav1ng re.
eeive a somc severe worndsiD the head. Eurthermorc
charged that Mr.. Irving was pryscnt al the
NV shat he inci,ed and encouraged III and that
~ has been Identified the person, OF, one OF the
~ rsons who msltreaiea Dowiey, sal or which the
. sendant positively denies. For this alleged Of
snce Commissioner Davenport Issued q warrant for
xhe arrest OF Irving, but the officers who had that
warrant failed Tor sone canse other, 10 arrest
sbA party designated thereui subsequently Com
o shssioner White, without fknowing o the warrant
asat cut previously by davenport, issued his war
bent for the apprehension OF lrvang, who was apprc
Asnded accordingly, and yesterday, az an early
iAour put IN an appearance before Commissioner
white attended py his COUNSEL. Mr. Charles s,
spencer and thaclberlain John J. Bradley ana
.stber friends prepared To go Ms Dali II oai sRoud
Mr Irving In conversation with the reporter,
stated that he was entirely innocent OF the charge
that ne not present AT inc row AT HI, anu
he mad no eonnecton Whatever with the matter.
HIS statement Is that he was driving past the place
n Q carriage with friends abOut the time OF the
1nuss. but that he did not In any way participate
q It.
Commissioner White and lptimated that he would
axe bali In the sum Of $to0oo Tor ryings appear
This oner or proposal, which, as II turned ont to
4e Jocose and characteristic Of The Assistant Dis
was caused by INQUIRIES after ban and the drawing
81 afidavits as to the condition Of the man alleged
At the end Of about two hours, Commissioner
White having waited all that time to attend to the
- would to The discharge OF the defendant
Pu his own rtcoRnizance, fixed nominally at 500.
% appear on Monday next.
The ball bona was accordingly made out The
fsfendant signed IT, paid the proper rec Tor she
3oDd and vas released from custody
HIS REARRESr.
The defendant. with his friends, retiring from
when he was rearrested by Deputy Marshal Bern
hard, under the warrant OF Commissioner Daven-
eharpe's onice. From thence he was removed TO
lAe SaT Chamber OF Commissioner Davenport,
which on this occasion had more auditors than
Mr.. Spencer was on hand for tue defendant and
III. Purdy for the government.
Mr.. SPENCER adver,ed to The facts as they had
fansprei before Commissioner White. He pro.
eCDptng ceal with case after it had been dis.
posed OF before competent magistrate Commits
minutes taken bail for the DEFENDANT That bail
Was regularly on flc lie warned all parties con-
IL
grave and persOnal responsibility. He warned them
n good nature aud Kindness thar they were
PLAYING WITH FIRE
He did not come there TO ask examination. Ee
e1Inply protested against the jurisdiction OF the
tngs against Mt. Irving which had already under-
gone magisterial action by Commissioner White.
lest
The derendan, couueously but respectfully denies
Jurisdiction Of this Commissioner the ground that within
hepaa ,h minutes he has Tor the same ALLEGED offence
bourf on Monday morning
The ASSISTANT DISTRICT ATTORNEY on behalf OF
me government REPLIED tn tina, ne was prepared 70
believed he had right TO arrest man hty different
4mes Tor the same offence and bring nlnl before
ny different Commissioners. Was the District
Attorney 10
BE rowERLEss TO KEEP MAN IN cUsropyS
He asked the Commissioner TO mold this man for ex-
Animation II he desired II.
Mr. spENCER--h is utterly preposterous for the
Y1srlct Attorney 10 say that man be arrested
ATTY dinerent times for the same offence where he
has given bail. Commissioner White took irving 3
0ne WIN million OF dollars.
Commissioner DAvEsPoRT-Do you demand an
Mr.. SPESCER-No I have protested against the
jurisdiction OF the Court
Ar. PURDY-l move that the defendant be com.
0itted 10 the custody OF the Marshal.
Mr. Irving was then removed from the star Cham.
Aandcurs were put upon him. Thus ironed he was
kent there for some time aud subsequently removed
Deputy Marshal declined the offer.
WRIT or HABEAS CORPUS.
-An SoVh as paNtHpoIts ucClsiOu was maze KNOWN
~ spencer proceeded to prepare papers for the
purpose OF suing out writ OF habeas corpus He
vent before Judge Woodruff stated the case to MIN
And Ills Honor granted an order returnapie this
morning. requiring me United States 10 show cause
Why prisoner should not be released from The Gus.
Nody 0i the Marshal
1t Is understood that Assistant District Attorney
furdy chuckes over the idea Of having ''the fellow
lawyers VINO nonored the constitution ana Knew w
epmething OF law Let the petty officials OF the star
Uhamber N Chambers street look after their doings
n this and Kindred matters. T-reatenlngs TO send
fatizens TO Lafayette on every lght offence comes
9mpertnentiy from the lips Of SUCH Jacks In Office
- Commissioner Davenport, and must be rcpuked.
= CEYE