The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-10
TIE T0MBS TROUBLE.

The Police Justices Conforming 10 the Late
DecisiOn-Three Of Them sitting Mt the
TOmbs-ihe Habeas Corpus Cases TO be
Argued Again To-Dny-District Attorney
Gnrvin's Intentions and Counsellor Howe's
Expectations.
In accordance with the determination ON Monday
three Of the Police Justices sat at the Tombs yeste
day Justices Bowling, Hogan and Shandley. The
decision regarding the constuti0naty OF the Court
as appointed by the Mayor under the Tax Levy OF
1870 was rendered early last week, and although
the Interested Justices have received certified
copies OF 1t the District Attorney, Judge Garvin,
has received no intmation OF It whatever beyond
the newspaper reports. The decision actually
strikes directly at the Tax Levy arrangement OF P0
lice Justices only, but the law IN consequence,
must revert to the enactment of 1858. when three
Justices were designated tn mold the Court the
that two Justices only held 1t for several months
previous to the Mayors appointments affects all
the decisions rendered by this imperfect Court be-
fore the Mayors appointments as well as after.
Judges Bowling and Snandley were the appointees
judges bowling aud Kelly were inc Judges deslg.
mated under the law OF 1885, which was repealed.
The Justices have no right 10 go behind this on
cial decision OF the highest Court IN the Stale, and
are really powerless In averting any storm OF
released criminals that may be showered upon the
city. The generality Of the cases, however are Six,
eight and twelve month dis0rderlles, DRINKS or
larcentes, and as Will be seen by an inspection OF
terms OF MANY OF these have expired since
the rendering OF the decision or are quite likely to
expire before the discussion OF habeas cOrpuses Is
ended In Judge Brady's Court.
District Attorney Garvln thor Oughly busy re-.
viewing all The points OF the declsi0n as he has
unoflcally received II, and INTENDS To argue it IN
Judge brady's Court again to-day. While he ad-
mits that there Is no appeal from the decision OF
the Court OF Appeals, he holds that the law OF
equity IS 10 be consulted and that while the lnnO
cent persons. II any sucn there be, held under SEN
lance on Hackwell's Island by an unconstitutional
court should be released 1t Is due 10 q patient
pubic that the thoroughgoing thieves and pick
pockets famous IN the annals OF the TOmbs
should not be allowed to escape AS Offset to the
Jubllatlon among the slums, IL ls inumated as prl
vate legal opinion that II the law IS unconstltu
tional The trials under 1t are null and VOID. and de
juie have never taken place; so that except the
statute OF limitations intereres some OF the worthless
who secure their release may fnd themselves hauled
mp and resentenced constitutonally for the old
offence, and offended judiciary making no allow.
ance whatever Tor the time they may have already
served.
The cases, however, viii come up before Judge
Brady to-day. and further light Will be thrown on
this perplexlng matter.
Lawyer Howe has mad issued 200 writs of habeas
corpus up to the present, and, II Judge Brady de.
cldes In his favor on the test cases to-day, expects
TO have at least three hundred more issued.