The New York herald., 1872-09-20
T HE COUR TT S.
Tho Alleged xyron Conspiracy Csse-The viels
Child bductien-A@ulting Witness In
court-Ths Mcintyre Divorce Suit
. Budnsn Of tho General Sessions.
SUPREME csunr-exAmDeas.


1t viii be remembered that the charges against
Myron were that he was insane and carried slung.
shot. Myron was brought yesterday morning be.
fore this Court on writs of habeas corpus and GER
tlorari. The following return was made BY Judge
Dowling.-ln w . noas fssf "a VA
JUDGE pow1na's RETURN TO THE WRIT
~ Joseph bowling, one OF the Police Justices OF
the city OF New York. do return to the annexed
writ OF certtorari: That the said Daniel Myron in
the said writ named was brought before me on the
James P. Bennett, one OF the defective police
officers Of this city, who stated that he arrested
At aT IN an u street.
to Police headquarters, at No. 300 Mulberry street,
where he searched sad Myron and found concealed
known as slungshot, in violation OF chapter 7l6,
sections l, q Laws OF 1855, paga 1928.
The said act is as follows;-
with intent % against any other person knowing ing
and 1s ssSFsty . on hts with
shs kra .,ss as py sand
!sinsd blade pocket Fas'.
es
tive evidence Of conceang and possessing, carrying
the above provision. 4rI n m. ,
AS the above offence with which he was charged
and l had strong doubts as to his sanity, from
statements made to me In reference to his conduct
! thought 1t best before committing him for trial
Tor the felony to send him on q temporary commit
ment to the City Prison. on charge OF insanity, to
the care of the Commissioners of Public Charities
and ,i Correction, 80 that they could have him ex
amlned by the physician OF the City Prison as to
COZ tft liz M c5aplaiEt of the oioer against Myron
In reference to his having the sungshOt In his
possession and intended to hold the same until the
physicians could MAKE report; but learning that
writ Of haheas corpus had peci served TO produce
ment against him in the felony case in order that
the Court might have notice that there was such
in tie amount named in it. TO secure secure his eppear
ance for trial. II the physician should report that
he was sane land desired to give the physicians
the case). hereby return true copy OF the
atldavit made by Oficer Bennett against Myron,
and the original whereof now Prod%ee
NEW YORK. Sept 49, 1872.
THE AFFIDAVIT ON WHICH NYRON WAS ARRESTED.
In connection with the above was also submitted
the following aflldavit upon which Myr0n was CON-
Mitted:--7c. 59.e s f.f r.qt ,asr ,oa. t.
State Of Neso Pork, Cttv ana County OF Ne,o York,
ss.-James r. Bennett, OF the Detective Police pre-.
clnct, being duly sworn, deposes and says :-That
on the 18th day OF September, 1872 at the city OF
New York, in the county OF New York, he arrested
corner OF Fourth avenue, and took him to Police
Headquarters, 300 Mulberry street, where deponent
the dangerous weapon now shown, which is COM
monty known as sIungshOt Deponent therefore
prays that said Daniel Myron may be dealt with as
/. sworn to this 10th day Of September, 1s72cJ.
BOWLING, Police Justice ~ gf- .oa' - 'r1 on :.
In addition to the foregoing there was also sub
mitted a certificate from DR.. Nealis. OF the City
Prison, setting forth that Myron is insane.
Judge Leonard decided that the commitment was
regular, and dismissed the writ. This decision OF
course, fit 1862 la5e, la tar.. f. o--y n tr ~ o.
HoNoRABLY ExcuLPArEs JUDGE BOWLING
from the charge OF conspiracy preferred against
him. So ends the case. ~ a,atir lrI- rs y
The VfeIo Child Abduction Case.
A lively legal controversy promises to grow out
of the late alleged abduction at Lake Mahopac Of
one OF General Veles children by the mother Of the
child and DR.. Levison. When the previous legal
between General viele and wife were
by mutual consent, and when the
habeas corpus proceedings pending at the time re.
garding the custody of the children dismissed,
likewise by mutual consent, and when upon this,
an order was entered by the Court giving certain
OF the children to the father and certain to the
mother, 1t was supposed that the matter would end
respective ways In peace and quietness and that
there would be no farther occasion to give this
any wider publicity. This Lake Mahopac episode
has made 1t otherwise, and raked up the whole
subject again. Mrs. viele, carrying the kidnapped
child with her. is on her way to Europe, and proceed
punishment on a charge Of aiding in the kidnap.
ping, requisttion having been asked for from
% oid nomsn on the G0veraor OF new Jersey
plication was made this morning before this Court
to strike out portion Of the previous order OF the
Court as to the custody of the children.
Ex-Judge Fullerton made the application first
stated. He insisted that this portion OF the order
Yiele, and therefore a fraud. He urged further
that the proceedings instituted against Dr. LevisOn
were based on this portion OF the order and that it
being implicated with the Kidnapping into con-
tempt Of Court by virtue Of an order Of which they
on behalf of General viee an adjournment was
asked by Mr. Warner till next Monday, on the
ground that the Generals counsel, who knew ali
would not be back till Monday. This counsel he
said. entered the order, and alone could explain
"I will grant the adjournment" said Judge
Leonard IF you viii stay the proceedings upon the
II can do nothing Of the kind" answered Mr..
''fhe case is one," said Mr. Fullerton, requiring
81 will adjourn the case till Tomorrow said
Judge Leonard, and he was inex0rable on this
pOiHt. s.g f
The Dugan.Wftner Habeas Corpus
Case" Jimmy" Dugan Paying tho
Penalty OF Taking the Law In His
Own Hands. l
In last Sundays HERALD was published a full &C.
count Of the habeas corpus case in which Mrs.
Dugan, wife Of Jimmy Dugan, the well-known
politician seeks to obtain from Mrs. witner an in
teresting girl some eleven years of age. The
mother Of Mrs. Witner, it will be remembered, as
the story goes rescued the child from an ash bar.
rel waf thrown there to perish, and upon her
mothers death Mrs. Witner adopted the child as
her own, and has since had the care OF her. Mrs.
Duucn claims to be the mother OF the child, and
m ;cugh W.T. Of habeas corpus seeks to obtain
possessicn OF her. II, connection with this story
was also given statement - attack, after M & the
parties left the e6.,rt room, by Mrs: Dnp~, oh "Is'
Witner and at the same time by Mr.. Dugan on VA,
witner All the parties were In Court yesterday, and
in view OF the additional interest given to the
from these assaults, some interesting proceedings
were anticipated The proceedings, however, were
very brief AS to the habeas corpus an order was
entered naming Mr.. Fitzgerald referee. AS to the
assault Mr. Dugan was arrested on leaving the
Court by Deputy Sheriff Reese, pursuant to an
order OF arrest previously granted by the Judge.
lie made no resistance, but calmly submitted to
his fate, and on being taken before the Sheriff
promptly gave bail In $4,000, Alderman Monaghan
becoming his surety to answer the charge.
''The arrest Of Dugan,u said Colonel Spencer, the
counaoI Me- Witnar dc oniu irr,nla