The New York herald., 1873-10-30

rnsy md tina, ns remains were the remains or
Kelsey that he came TO ms death by violence at
certain tine and that the parties here before you
were involved In the manner and act Of causing
signed by Justice Monfort, they were arrested,
and they are now here asking Your honor Honor
sssts ihs Ss TSsy Ss naS. sas dssa'fs @ I
conform to all the requirements demanded OF
them, and are only anxious now 20 reacn some some
Court in which they may be able legally TO raise
their voices In their own defence and put down
this popular prejudice which has been awakened
Judge Armstrong-You probably have not been
made aware OF the District Attorneys views put
you knew that II 4 have no N tns ius pary
may raise the question themselves as 70 my JuIis,
dctcn. Again, II the bail shoule ever ue r
by the non-appearance OF the bailees anu prosp
cntion entered TO recover from the bondsmen, the
point might readily be taken tnat tne Doau Mas
ties OF this county have ut present, no jurisdiction
in this case II would therefore be neither pruaene
nor proper for me to take pail witnout, NJ IeasS
hearing the SaYolk county authorities w1tnin
whose jurisdictio the offence was comm .teq;
Mr.. Fenows-That is question which iour nonor
Judge xrmstrcng--If these defendants are guilt
less they should rejoice at tae earhgss s n
| court in session in Suffolk county ana Granq
Jury also. Judge Barnard Is holding court, ana
| thips he could properly take cognizance OF this
question OF bail. ! think they should have taken taken
| these. will say, however, that have no oolec-
me on a regular proceeding by habeas corpus or
| other wise and will fix it Tor Saturday morning II
that VIII meet your views Is District Attorney
| District Attorney Downing-I can't say. But
meantime what would Your Honor DO Win tnese
Mr.. Fenows-we cannot consent that they should
be held IN close custody during thas t ie; meow how
Tuthin feels about this matter at all. !
| Mr.. Fellows-I assume, Your Honor, that upon q
parties, they are entltled TO go home at once, II
they choose. But II we availed ourselves OF that
privilege the public outcry would be that we were
lighting this case on quibbles, and evading re-
sponsibility on mere technlcaltles. we propose 70
est demands Is Of law ana Justice We are
| Offering any reasonable amount OF ball, ana are
provided with good and responsible bondsmen IN
District Attorney Downing-why cannot Your
Honor adjourn it until saturday and give all
\ parties In that way a chance 10 be heard
Mr.. Fellows reiterated his inquiries as to what
was TO be the disposition OF the prisoners mean
time. The Court might be assured that each and
every one OF these parties Will be here on each and
every day the Court might designate, Il released
The Judge said he proposed to treat them pre-.
cisely as he would any other parties, and could
whose charge they now were and adjourn the
matter 10 saturday morning.
Mr. Fellows spoke soto roce to the coroner. !,
The Coroner replied aloud-I shall put them in
charge OF the constable here, with commitment
but Ii the Judge chooses to allow them to so on
Mr.. Fellows claimed that the defendants were
not held by virtue OF any legal process. suffolk
/
no reason why Queens county should reach out its
arms TO prosecute citizens OF Surok county for an
offence committed, II committed at all IN that
After continuation OF the discussion, in which
no new points were developed,
action, and said that he could, OF course, have
comm itted the parties at once to JAIL but out Of
| respect to the parties and TO avert apparently
needless trouble and expense on both SIDES, he
took this course. He didn't force them here, how
ever; they were here voluntarily. He had the pa
pers In the here, and II the Court found that
they were illegal or not in proper form before it,
all II had 10 do to cast them out. He had not
harmed the defendants and they could go home
/ Mr.. Fellows said the defendants were laymen,
not lawJ ers and could not be expected to inter-
pret for themselves q correct administration OF
technical law. They were virtually compelled to
appear here by command OF what they assumed TO
Judge Armstrong; hold that there is no ques-
ton before me now upon which | can entertain
this case l had understood before your arrival
that the question was to come up on habeas corpus
4 or some regular proceeding. at present have no
vided notice Is gwen to the authorities OF Suffolk
\ county. II there is any officer having custody OF
that time. II not in custody they may 90 to their
| homes.
| Then Your Honor does assume jurisdiction by max
ing this order. II Your Honor mas jurisdiction,
! shan insist that Your Honor canmake no order
Judge Armstrong; do not wish TO be under
dciIon. l have doubts as 70 my right to take bail
at present: notice must be served on the District
/ Attorney OF su0Olk county, ana Whatever OTucT i
make | shall make on saturday If the case is
brought before me. II any legal return were maze
i 10 me now would entertain the case.
Quite lengthy discussion ensued between the
/ District Attorney, Mr.. Fellows and the Coroner.
The Judge had evidently dropped the case lcan
nfUf and lett the parties 10 light 1t out on their
l own line.
Mr.. Fellows said something about holding to
strict accountability any and all parties who at
tempted TO deprive these defendants Illegally Of
their liberty.
The Judge, leaning back in his chair with his
hands clasped behind his head asked II that init
| nation was inlended 10 apply to the Court. II II
was he would only say that he was not afraid OF
any such contingency.
Mr.. Fellows said "Of course notr (oi course mott
Then o whispering council was held between
Messrs. Fellows, Downing and the Coroner, and
the Coroner broke the stiffness by exclaiInng,
"wnat and require me TO make a farce OF the
whole thing Iwould rather suffer anything than
do II. am here with district attorneys and judges
about me. am not lawyer, and If they cannot
advise Inc Ill take my own course about it,
Mr.. Fellows subsidized, and the Judge said he was
here as Court. not as counsel. The District At
torney said nothing BY and hy the District Attor
ney Mr.. Fellows and the Coroner withdrew tC
another apartment. The defendants were called
In also, and after i've minutes consultation they
emerged.
The Coroner stated that, upon the advice OF the
District Attorney, he had concluded to release the
parties on parole until saturday, and the legal
knot was Lntwisted. The defendants hurried tC
the depot and took the train for Huntington.
PrOcla otion by the Governor.