The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-11-19
TIE FISK LIBEL CASE.
Excitement at the Yorkville Police Ccurt-Jo-
sephine Disappears MyHeriously-The
Lawyers Have a Tlt-The Case
Set for Next Saturday.

The yorkvIlle Police Court was densely crowded
Ves,erdav morning with an audience such as gener-
aI,v Grams the Court OF General Sessions on the
occasion of some murder rnal. The object OF the
attendance OF such number OF people, 80 unusual
10 tins Court WAS the expected developments
70 be brought forth the examination OF the Fisk
libel case
At nalf-past ten O'CLOCK, the hour decided for the
examination TO begin Justice Bixby said he was
ready 10 proceed with the examination.
Colonel FELLOWS. Assistant District Attorney
who, with Mr.. John McKeon, appeared for Mrs.
Mansfield asked His Honor FOR the baI bond given
by the defen dant Tor his temperance for trial. and
having read II, he made motion to have the papers
In the case Immediately to the Court General
Sessions He explained the grounds which he
made this motion TO be as ioows:-
That Justice Bixby having taken bona for
the appearance OF the defendant Fisk ut the
General Sessions for trial. this Court
had no further jurisdiction the case
The bond was, besides, taSen because there
existed IN The mind OF the Court a probable cause
10 believe that the defendant was guilty OF the crime
imputed to him. And the strongest reason why the
case should not be tried before his Honor Justice
Bixby was that If IN an examination before him Mr..
Fisk should be cleared OF the charge against him
and discharged he could be rearrested on Q bench
Mr.. JOHN MCKEoN SAID he colhcided In the views
OF his colleague, thought the jurisdiction OF this
Court over the case ceased when the bond now in
his hands allowing his liberty to Mr.. Fisk reap.
pear when wanted before me Codrt OF General Ses-
sions was granted
Mr.. SrENoER, who with W. A. Beach and Mr..
Morgan appeared for MIR. Fisk, SAID he was much
surprised al the motion just made by so eminent
criminal lawyer Colonel Fellows, and still more
was he surprised TO hear Mr. Mckeon support such
. MOTION. mr.. spencer said.-..Il mas been The
practice time out oil mind. when a person. accused
oil crime and arraigned before police magistrate,
demands an aulnallon, with the view OF Clearing
himself OF that accusaton to grant his request anu
SO that he might not be locked up pending
that examination, bond for ns reappearancc
Il taken not l0r examination, rs might be supposed
but In order 10 save Time labor and expense for the
SELF sees 1t 10 eject Then II, his examination,
there has been probable cause established Of be-
heving nm guilty, Tie old bond still stands good,
ana the case Is sent TO the Court elecied.n
Justice BIxBY decided 10 try the case then and
there, and ordered counsel to proceed and ordered
the complainant, who had not as yet come into
Court TO be placed on the stand An officer OF the
Court was sent to bring her INTO Court but IN few
minutes he returned minus his fair charge lie
ported her missing, upon which there was general
laugh ali over the Court at his expense.
Mr.. SPENCER, in a virtuouS state OF lndign alton,
aroseto speak his mind IN plain terms the rldi-
Cuous turn affairs had taken, hut was interrupted
by Colonel Fellows wac stated that II was by his
ADVICE and al his suggestion seconded by his friend,
Mr.. Mckeon, that the ads had lett the Court This
Step he had taken Simply because he beieved the
point taken by him against the Iurtner hearing IN
this Court oil the case was so well founded that 1t
Quently be no need Of ner remaining III Court lie |
asked the Court TO postpone the examination until |
another day, and he would guarantee that no fur |
Lher obstacles would be opposed, either by MIN
Mr. Mckeon. to The speedy TRIAL oil the case.
Mr.. SPkNCER-u Your Honor please, since the eX- |
eculon for the bond oil appearance OF the defendant
At the General Sessions, and
AFTER THE SURRENDER
OF the first for appearance the Special Sessions,
the prosecution subpUnaed their witnesses to APP
ne ca proeeea sr s nas h e n
animation go on. Let the complainant be sent for
We can take recess While TINS Is being done. II
the prosecution are In earnest in this matter let
them produce IN Court their innocent and mucn in
lured client Applause In the back part OF the
Mr.. McKEoN andignanny)-Your Honor. move
that this Court be cleared II we are TO nave such
manifestations OF partial applause as This have
been surrounded with rufanism III Court before,
and am not TO be inundated by crowd picked
IN any party's interest.
ExJudge BEACu-Tne imputation Is unjust.
Judge BIxBY-Snence III Court Officer -
MIR. SPENCER-Oh, these are only the ,ot pOuOf or
the town. l think their applause was only tribute
10 the virtues OF the prosecutrix.
OF my learned friend, Mr.. Spencer But there Is no
occasion Tor heat at this stage OF The proceedings.
shall proceed in our even course without being
inundated by manifestations Of any sort or kind
We, on our side, are ready to proceed with this ex
animation, II the other side will agree to day on
which II can be proceeded with.
Judge BIxBY-I am wiling TO postpone the
required and leave 1t to counsel 10 Tx The DAY
the next hearing.
A consultation between the lawyers both
sides took place for some few minutes at the
end OF which MIR. spencer arose and said that
NJ would be extremely announcement for counsel TO
give a whole day TO this case again. and in view OF
thls, while not presuInng TO dictate 10 the Court he
desired tnat the examination should be proceeded
with now. OF course, as the complainant mad left
the court under misrepresentation of counsel 1t
purged her OF contempt; but II was 10 send for
the lady; her residence was in the jurisdiction and
within easy distance OF TINS court
Mr.. FELLOws-She lives on Twentv.third street, a
few doors rem Mr.. Spencer tLaughter.)
judge BIABY-Do you wish the Court to adjourn
while you are hunting up Witnesses shall not 40
That Today Mr. Spencer.
Mr. SpENcER-po understand Your Honor de-
cllnes 10 take recess.
The Judge nodded
Mr.. SPESCER-Nery well, Your Honor. In that
We Will take another day further proceed
tngs
Another consultation between the lawyers took
place, and eventually II agreed mat nest sat
pTuay, al tea ocock, the case should De resumed.
Mr.. SfESCER-Then | understand 1t is conceded
that the day named the examination will be pro-
ceeded with in this Court
Mr.. FELLows-0n that day we shall be ready with
our witnesses, and be prepared to 20 on with the
case.
The Court then adjourned.