The New York herald., 1871-12-17

room; and therefore the Court placed in this cate
RoIy OF having. IN case where II Is entirely unac-
II whether there were aggravatons or extenuatons
IN reference 10 the attributed to the defend
ti0na right II the commitment or the Court Is capa-
pic OF working tnat result. Now In behalf OF the
defendant to close these remarks. we desire 10
PROTEST AGAINST THE RIGHT OF THE COURT
10 make the present order whether IL IS made upon
renewed application on the part OF the District
Attorney TO commit the defendant or whether 1t is
made for the purpose OF correcting supposed over
slght or madvertence IN the order as originally
made. we insist tina; when the Court made It's first
oruer neard Your Honor say the words "fully CON-
mitted." THAT was part OF your language in re-
spouse to the District Attorney. He made mOtlon
Judge BEDFoRD-My language was "The motion
ID granted" That was The word.
CoUNsEL-But the District Attorney then made no
motlOn 10 commit without bail.
Judge BEDFoRD-Tne District Attorney says that
COuNsEL-Not at this time. 1t was after an inter.
val OF fifteen or twenty minutes.
Jndge BEDFORD-Thc motion which the gen.
that OF the District Attorney. In order TO show
tnat The Court has no feeling except simply TO
see hat the law Is carried out and that justice is
zone on both sides asked the District Attorney to
define his status III Court. He SAID that ne moved
Tor the accused TO be committed without ban. Now
ON one Oh tne gentlemen or the defence, In answer to
rhorksrs AGAIssrs ANY SUCH ORDER.
CONSIDER the motion was made. and shall grant
tne motion, but giving tue opportunity now 10 any
one OF the gentlemen appearing for the accused.
not to protest but TO Offer some argument why the
motion Of the District Attorney should not be
granted, and In default OF such argument deem 1t
but right and proper tnat the motion should be
granted.
CoUNsKL-we simply renew our protest.
Judge BEDFoRD--Very well, gentlemen. am
wiling TO hear any argument, but The protest do
mot Ion.
ExJudge FuLLERroY-Perhaps there may be
Misunderstanding or what the plea was. Did you
understand the defendant to pleadY
DISTRICT ATrORNEY-He Did not plead.
Ex-Judge FULLERroN-The learned Court said he
mad pleaded " the Indictment.
Judge BEDFoRD-Let the plea De entered now.
DISTRICT ATroRNEY-Ihey took time on account
OF the bulky character OF the indictment.
JUDGE BEDFORD WANTS TO HEAR ANY ARGUMENT.
Judge BEDFORD-l am willing to hear any argu-
ment you desire to make, and VIII listen sttentvely
CoUNsEL-we have concluded, II Your Honor
please, with all respect to. the Court, to make no
application to admit TO bail III this Court. We con-
sdered 1t was our right TO ADOPT the course which
we pursued, and We consider that the District AT
our right. lie cannot anticipate that we are going
70 make an application TO bail where ne may think
on ~ e 10 Se az anu nsse 20 as
that Will give rise TO proof as TO the course OF the
transaction In this Court
PRISONER HAS NO MOTION TO MAKE
Ex-Judge FULLERT0N-Our status Is that we
make no motion to bail the defendant, nor do we
Judge BEDroRD-Tne District Attorney having
made motion the Court grants 1t.
Inc Court then adjourned.
FRESH EXCITEMENT
There was great excitement in the Court on the
fnal decision OF lne case by Judge bedford, and
many OF the Boss friends and sympathizers sur
rounded him, anxious TO snaae hands with and
otherwise express their feelings for him IN the un
fortunate position In which ne Is placed. Sheriff
Brennan ana Juds0n Jarvis, however, kept on
these friends alter the brleest salutation ana c01
veyed the captive 10 the privacy OF the Dstr1ct A.
torney's Office, where ne renamed TIL y
WRIT OF HABBAS CORPUS
was applied for and obtained. From the District
Attorneys office the whole party Ut interest
CaDtOrg
public then and there assembed-started fur the
marble building the new Court House, the work
OH winch and the frauds connected herewith have
had 30 large q share in bringing down retrlbutlve
justice on the heads Of those who corruptly
trafflcked therein. Here they entered the super
vlsors room, where Judge Barnard was at the time
holding Chambers.