The New York herald., 1872-09-18
SUPREME C0uRT-CHAMBERS.

Hmportant Habcas Corpus Casc-An I'm
tercsttng Story Of q Waaf-Savage As
sault Pcrpetratcd Almost i'm the Presence
of the Bench-The Judge to Take Ohicial
Action on 1t To-day.
Before Judge Leonard
About sixteen years ago. as AN old lady was going
Through street in this city, In the night time, she
saw another woman in the act of casting an infant
into an ash barrel She interfered and got posses.
sion of the child, the woman who was about to
abandon 1t running away. On the death of the old
lady, which happened a few years since, her daugh-
ter, Mrs. witner, adopted the child as her own,
with the intention Infringing itup. About this time
Mrs. Dugan, wife OF q well-knOwn politician
named "Jimmy'' Dugsn, appeared aud claimed The
child, asserting that she was its mother. Habeas
ing had before Judge MeCunn, a friend as alleged
ofDugan's, who awarded the child to Mrs. Dugan,
who, 1t Is asserted, is in any case an improper
person to have custody Of the child. The child
soon alter ran away rom Mrs. Dugan and sought
shelter with Mrs: Wilmer, and Dugan had Mrs. Wit
ended in the child being sent to the House Of
Refuge the child preierrng to go there TO return
obtained by Mrs. Witner, who sought the child's
discharge from the House Of Refuge on the ground
tina that the commitment was Is, hrreEniar aud
day morning in the Supreme Court. Cham
bers, before Judge Leonard who; after hearing
argument apd afiidavits, discharged the child, who
Immediately sought refuge with Mrs. Wilmer and her
husband, who were present in the court room, as
tance or anxiOusy watching the proceedings.
question then arose to the custody Of the child,
and the Court ordered that a referee should take
testimony as to its proper custodanshp, and re-
port to the Court in relation to the same, the child
nnder the cre Of '4f The %tners
the child in charge, then left the court room, but
had no sooner arrived outside the door than Mrs.
Duean made fierce onslaught with her parasOl
Npon Mrs. Witner, striking her several heavy blows
IN rapid succession from the effects of which and
nervous excitement Mrs. Witner tainted, and was
conducted to an anteroom where restoratives were
applied. At the time the attack made on Mrs.
Dngan drew a slnngshot and struck Wilmer heavy
blow on the top OF the head, from which the blood
1owed proiusely over MS forehead and face. In
escaped. Wilmer returned to the court room. and
IN ogs relation to the assault
Witner asking that the assalling parties
be Immediately arrested, by order OF Judge Leon
ard, counsel claimed that the assault took place
within the immediate purvew OF the Court, and
that therefore summary arrest could be ordered
Judge Leonard Stated that If he had personally
seen the attack he would act instantly in relation
to an arrest. but as he would have to depend upon
pOne action until such afidavits could be drawn
and properly presented, which will be done this
morning. Two Of the afldavits Will be made by
Messrs Boese and Shearman, lawyers, who were
eyewitnesses Of the assault. The child left the
court house In company with the witness.
Judge Bowling and Miss Lydia Thomp-
SON Charged with Conspiracy.
writ Of habeas corpus had been obtained for
cause to be shown for the imprisonment OF one
Daniel Myron, the writ being made returnable yes
terday morning in the Supreme Court Chambers
Counsel for Myron asserted that his client was
confined merely by virtue of an arrest made by
detective on a verbal order from Superintendent
kelsO in response to verbal request from Judge
bowling that such an arrest be made that when
Myr0n was arrested the ostensible charge was in
sanity, but as counsel contcmled, there was no
foundation for such charge the arrest being the
result OF a conspiracy between Judge bowling and
Miss Lydia Thompson, and that the former had re-
4uesed the arrest at the sole request aud for the
qualification OF the latter In opposition to the ap
plication to discharge Myron q commitment was
produced recifing that Myron was consigned on
charge OF carrying slungsh0t. The production OF
thls commitment seemed to greatly surprise My.
ron's counsel. who said that this was something |
new and had been done since the service OF the |
writ OF habeas corpus. The fact that no exam.
hatlon had been had and Myron had never been !
informed OF this charge against him. Counsel de- |
sired an opportunity to present these facts TO the
Court
Judge Leonard said he would not 10 behind the |
commitment. Myron was certainly entitled TO an |
another writ il applied for could issue in coniunc,
ton with writ OF ceriorari, but the present writ
must be dismissed.
An Alleged Fraudulent Claim Against
the County.
In the case OF Byrnes ct al, in which it was |
sought to enforce claim against the county for |
So 500 for plumbing work OF the value OF only $780,
Judge Leonard to-day denied motion for a man. |
damus to compel the Board OF Audit to pay the |
claim al the larger sum, which the amount |
credited and allowed by the old Board OF Super. |
Sisors and the al interim Board OF Audit.