The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-09-10
SUPREME COuRT-CHAMDERS.


ffty-cent currency stamps.
SUPREME CouRI-cHAMDERs.
Murder OF John Observation-Disclosures
OF the Law-James Burns, Who Killed
Halloran At the Gotham saloon, Sent
Back to the Lunatic Asylum.
Before Judge Leonard.
In the case of James Burns, tried In the Court Of
General Sessions for the murder Of John HallOran
at the Gotham Saloon, but acquitted on the ground
Of INSANITY and sent to the Lunatlc Asylum at
Utica, and whose discharge was sought on a writ
of habeas corpus and the same argued on satur-
day last before this Court, Judge Leonard yes
terday rendered his decision, accompanied by
the opinion which we give below in full. 1t will be
seen that he disinisses the writ and orders Burns
to be sent back to the LunaliG ksyl Inn The fol.
lowing ia - ~ IS. .s:,a .sy,s 81 fsSRt
-, .ilS TIE JUDGES oPiSSfi6N:--.Ss.s
The prisoner was acquitted OF murder In the first
degree in the court OF General Sessions Of the City
Of new York in July last on the ground Of insanity
Such appears to have been the verdict Of the Jury
That Court thereupOn ordered the prisoner to be
detained in safe custody and sent to the state Lu
matte Asylum at Utica, where the sheriff was d.
rected forthwith to convey him, and II was fur
ther directed that the prisoner be there
DETAINED IN SAFE CUSTODY
until discharged according to law: It Is alleged
applies for his discharge from custody upon writ
OF habeas corpus The question Of his sanity is not
perintendent Of the Asylum, the Judgment and
process order OF the Court being the only ground
question is now and must be disposed Of princi,
asylum was organized ana the author.
BY an act Of the Legislature, June ~ 1852, to Be
found in the Revised Statutes, gdmodns ed vol 4,
1t is provided by ST. u.s. that
ground OF insanity, the Court being certified of the
TACT by the jury or otherwise shall ascertain II his
shall order him in safe custody and to be sent to
the asylum. Sec. 80 contains provisions for send
or sentence and criminal charge, &C., or committed
for want Of bail, DC. or for keeping the peace or
appearing as witness, or on summary cony =:
section. By sec. 10 the power Of the Chancellor
clared not to have been abridged by the said act.
BY sec. Al the power OF the managers OF the asylum
to discharge patients on the certificate Of the super
the case Of those detained under criminal charge
or liable to be remanded to prison, is expressly ex-
| cepted. The discharge OF
| PATIENTS OF THE CRIMINAL. CLASS
to which Burns belongs is by section AZ author.
upon due investigation it shall appear safe, legal
and right to make such order. The office OF the
e nf o OF
and, fit appears to be illegal, Of granting dis.
charge Ordinarily the regularity o the process OF
| the commitment terminates all further inquiry,
and the prisoner is to be remanded into custody.
The Court cannot habeas corpus inquire into the
| -.., JUSTICE OF THE SENTENCE
| or judgment. That has been pronounced by an
other tribunal, which can be reviewed only in
some other manner by higher Court, but not
upon habeas corpus. 1t Is certainly clear that the
| Judgment and process In the case OF Burns are
regular and sufficient. The General fiabeas Corpus
ment or sentence of court OF competent
| jurisdiction is not entitled to that writ. The
w must nc 5 4ne a he is sns
| circumstance l think that 1t appears that Burns
was
| NOT ENTITLED TO THE WRIT
and that when 1t was stated in the petition that ne
was not confined upon the Judgment of a compe-
tent court the petitioner was at least mistaken. 1t
is probable that the equitable powers of the Su
| preme Court, where the jurisdiction belonging to
the Chancellor at the time the statute in question
was passed, IN 1912, now resides and IL vested
| might In proper case be invoked by the peti
TONER These powers are expressly reserved by
| sec. 40. This power may also be exercised by
Justice Of the Supreme Court under sec. AZ. This
should be done also upon petition, and not by the
writ OF habeas corpus. me regularlty OF tne ludg
| q discharge upon the power quoted by virtue O
that process The writ must be discharged and
| THE PRISONER REMANDED
to the asylum from where he has been brought
| here.
Charles Moore 10 be Kept In Prison TIL
His Case IL Heard mt the Court of APP
peals.
| A decision was likewise given to-day upon the
attempt made through writ OF habeas corpus to
effect the release from the Tombs OF Charles Moore
| convicted Of swindllng an emigrant out Of 5000,
| and sentenced to five years in State Prison. This
verdict was appealed from, and Moores discharge
on bail was asked for pending this appeal. It will
| be seen that Judge Leonard refuses to interfere
with the decision Of Judge Barrett, and that thus
| Moore has to remain in durance ut the Tombs
| unless he can hit upon some more successful plan
| for getting out. The following Is the decision:-
| "The former writ OF habeas corpus was decided
by Judge Barrett, and filed June 10, 1872, with the
| endorsement of his decision, Writ discharged
| and prisoner remanded.' The facts upon which
| the application was then heard were In all its legal
| aspects the same as in the present one. think II
| must be taken as res GdUitdicdtd 1t would be
illegal for another Judge to grant relief where the
! case has been before heard and decided upon the
merits. The only remedy is, then, by appeal II is
not competent for one Judge to Sit in review Of the
| decision OF another. On this ground the present
| application Is denied and the prisoner remanded.