The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-06-21
SUPREME C0uRI-cHsKRERi.

A "Reminiscences of Our Late War-Uow the
Government Treats lis Sworn Omcers-A
Urited states Marshal sued and Left In the
Lurcb for Obeying orders.
A. ". Pdtrte Is. Robert Mu,Tap.-This was a mo-
tion 10 vacatc order appointing William Apgar a
receiver Of the property OF the defendant. 1t APP.
peared from the papers the part OF the defendant
that 1862, while United States Marshal Of the els
trct directed bv order OF the Secretary Of
War 10 arrest during the existence Of the rebellion
all persons in his district charged with dscouraging
volunteer enlistments, and other dlsOya practices.
The plantir who resided at Caro- In the county
Greene, was reported 10 the Marshal as being
one OF those engaged III the prohibited business.
In 1862 Patre was arrested by Murray's order
and imprisoned in Fort Lafayette. He afterwards
gave bali and was released. He subsequently CON-
mencei a civil suit III Greene county against the
Marshal ana his assistant Buckly, for assault and
suit plaintiff recovered judgment for $4,000
Under the act OF Congress, 1863 Murray, by writ OF
error, took the case 10 the Supreme Court OF the
United States which decided that the section OF the
act authorizing the review by the United States
Court OF judgment alter trial by jury In the State
court was unconstitutional and the Judgment OF the
civil court therefore affirmed. In 1864 and be.
fore the went through the United states Court,
Patrie took criminal proceedings and caused Murray
TO be indicted by the Grand Jury or Greene county
for assault and battery ana false Imprisonment.
The papers further showed that an execution was
ISSUED on the original judgment, and returned un-
satisfied, upon winch supplementary proceedings
were taken against Murray. on which VII lam Apgar
tber appeared that Apgar was, or had been for
eral years clerk Ia the offce Of the counsel for
plaintiff (Parie, aud that he conducting his re.
Ceversnp in the Interests and at the instIgaton OF
the co Inse Tor the plaintiff or his tOrney, and that
he was preJudiced and BIASED officer. Plaintiff
nndlng that lie was unable 10 collect mis- judgment
from Murray IN 1871 caused the District Attorney OF
Greene county TO issue bench warrant on
the Indictment 10 arrest and bring Murray to
Greene county. Murray further charges In his
affidavit that this last action was taken by con-
spIracy between the attorney OF the D aintifY and
Others Interested for the purpose OF getting HIM
within Greene county Jurisdiction and then placing
him on the jail limits OF that county ana there retain
ing him until the judgment was paid or until he was
released by legal process Murray, however, caused
habeas corpus 10 be issued. upon which he was
discharged on giving bail 10 appear to answer the
Indictment. IL further appeared as Murray charges
that the suit against MIN was speculative one in
which the attorney for the plalntin and others
were largely interested ana that the plaintiff
himself had little interest In the suit, and that
the receiver was being used by the parties Interested
for The purpose OF harassing and annoying the de-
lendant In attempts 10 collect the judgment. De-
fendant further complained that the receiver was
partial aud Dassed. and therefore makes the motion
for his removal
The plaintiff denied most OF these allegations. Mr.
Samuel q. Courtney argued the case yesterday on
benai Of the defendant, Murray, but had not con.
cluded when the Court Mr. Griswod, OF
Greene county appeared for The plaintiff. Argu-
ment III the case VIII be resumed tins morning.