New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-29
A JUDICIAL OUTRAGE.
ppcou. or MR. BRITTONs WEAPON.

CIIIZENSIIP-AN ADJOUhNMfNt roh MEEh'
The case of Mr.. Shanks, City Editor of THE
tribune was heard for half an hour, yesterday BY
Judge Fancher, who obliged to adjourn the pro
ceedpgs on account OF the session OF the General Term
OF the Supreme Court, OF which he Is member Henry
g. Clinton ex-DlsrictAtorney Morris Of Brooklyn ana
Cornelius A. Runke appeared counsel for the roator'
Mr. shanks, Mr.. Brittou opposing
TESTIMONY OF sHASKs.
Mr. shants was recalled and gave the following testi
mony:
q Yon stated that when You were brought over 70
Ne-York by tho Deputy Sheriff, he had Win MN az
authority for bringing you the paper maiAe" IA"'O''
o. Son Temomber, when brought before Judge
nced m the Court Exhibit b" his authority for de-
tainng you In his custody A was present ana hoaru
q State whether that paper put in "a hs authority
was handed 10 Mr.. Runkle and by him read to Judge
a There was no other commitment, rather you
never heard of any other than that one known as
hio IN n Inc lime Won were brought before Judge
Fancher you neither saw t nor heara o. ~ a. o;
morning when the Distrot-Attorney read another coni
~ Van were r nrtsen when objected your counsel
10 The reception of that second documents Yes slr
@ the first you had ever seen OF d Of II
Rs,ore Won were taken by officer, after the
Attorney had produced the paper handed 10 VIC
Court ala you notice whether he left the room or
remainedi A. l think no left the room ana went OaoA
iI biz yon see him again in the roomi A. don't re-
member; did MT notice hun at al bon tho
| ha0eas corpus was served on tue ohccr' a. ~ 'H0
O. Yes SRI A. Yes; suppose had given 1t half an
hour before.
cTbe next witness was william Brown. who was called
| hy Mr. Clinton and examined by ex-Judge Motifs.
Mr. Britton-we conoede all they are trying 10 cian
that this was the only paper on which Mr. shahkS was
held on that day Exhibit A.. ana submit 1t IL hardly
worth while to call witness after witness to prove that
fact
MIR Clnton-What wo want TO show beyond all perad-
venture a. tna neither at the Jail nor any Other place
was Mr.. shanks held instant by the 5herih Oh any
body else under any commitment except the one "hc"
was returned by tho Sheriff lis authority Tor holding
him.
Mr. Brittop-Wc concedo that exhibit A. was the
only document in the possession Of the Sheriff or at the
Jail or in the possession OF the Sheriff In any way dur
ing that day.
Judge Fanchor-That is only shell.
Mr. Clinton-Certainy that don't answer our pur-
pose.
Mr. Britton-I concede all they claim to prove by those
gentlemen In that this keeper OF the Jail or the Deputy
snorG had any other document than " Exhibit A.
TESTIMONY OF wa. BROWN.
Mr. Clinton still insisted calling the witness and be
was examined.
O. What is your postioni A. Iam, Sir. Deputy Sheriff
o As the 6ookkeeper is Your duty to see the papers
brought a.
O. On Ocioner q we're you present at the JILL in Brook
lyI when Alr. shauks was taken thetei A. Yes or' ~
Q. what time III the day was n" taken tleItt A. 10
the best OF lay belief 1t was o'clock doht remember
the time exactly ~ ~,
@ Did tue officer leave any paper with yoni A. Yes
O. Look at Exhibit A." A. That is the paper which
O. Was there any other papori A. never saw one.
q. Mr. Shanks detained in the jail that night A.
@ Until what time in the morning was he detained in
the jmii A. Until 94j o'clock. ,,,o,- an,
ut "A Won as % a.
O. Yon nave not heard of any other paper in connec-
@. Did yoa PAT that Endorsement the paperi A.
O. What is III A. It IS dated "oct %, W. f. G.
Shanks. contempt OF court"
O. Inside there is some memorandum A. Yes, Sir;
that the pedigree, birthplace residence family
O. Is That your usual custom in receiving documentsl
O. TO whom did you deliver that paper at the shcrins
office A. 10 the Deputy Sheriff. Walter Thorn.
q There YOU lett the prisoneri A. Yes Sir; left him
IN Mr.. TnOrn's charge.
@ That is the only authority you had or claimed to
have for holding Mr. Snanks A The only one ever
O. What time was it that you left the sherias Office
4. Between % ana %.
TESTIMONY OF G. W. sTILLwELL.
George W. Stiliwel was next called lie was asked:
Q. You are the Deputy Sheriff OF Kings County A.
O. Did You accompany Mr. shanks ovor from the
sbcrihs Office to New On the morning OF tie 23d
O. what time was 1t when you left the sherrs office
A. About 20 minutes past 9 think. ,, ,..,-..
" Exhibit A." \. That is one OF the documents.
O. Is there any other document attached 10 that A.
O. was that writ attached to Exhibit p A. That
was the one / brought with from the other side
won't sayl5 was attached 10 with IL.
Q. DID you have any other document A. No Sir.
o. Tnat is the only document upon which you held
MI shanks, or claimed to hold hml A. Yes, sir.
O. When you made return at 2 O'CLOCK, before Judge
Fdncher. what paper did you returni A. returned
this paper 1T was in his hand
O. Together with Exhibit " and the writ Gd tesfif-
c0dum7 A Yes, sir.
nS Mr. nns sh ySI a. Y SIR your authority Tor hold
@ Was that paper read here as your authority for
holding hint A. gave it TO Assistant Dlsict-Attonny
Lyon. and he read it, believe; he handed it to Mr.
@ mat j. the only authority you had for holding Mr.
Shanks III Ncw-Yorkl A. Yes, Sir.
O. What did yuu do with that paperi Did you take &c
back to Brooklyn with youi A no. Sir len It with Mr.
Lyon; he requested Inc to leave 1t with him; he gave
O. From whom did you receive that paper in the
shcr.fs Office A. The Clerk, Mr. Thorn.
was il when the ha6eas corpus issued by judge Faneber
was served youi a. About halfpast IL O'Clock.
Q How long was II after Mr.. shanks testified A.
few minutes about five minutes, should think.
O. Where was Mr.. shanks mcanwhIlel \. In the
@ How did you happen to take him thcrei A. was
requested to 20 there By the court officer.
JUDGES Enforcement on that writ REMINDING him the
jail A. About Is minutes-that is, about Is minutes
before the writ served on
O. Where this Involvement on tho writ handed to
you by Judge Davis A. In the courtroom.
Q. Aud after that you went into the ante rOcmi A.
Yes, Sir
O. AT whose request4 A. The Court officers, don't
know his name
writ was served yOul A. Yes, Sir.
q. BY whom was 1t servedl \. BY Mr.. Runkle
TESTIMONY or Mr.. RUSKLE.
Mr. Runkle was then called aud after the usual pre-
limnary questions testified:
O. As MI shanks's counsel did you visit him I'm the
Jail in Brooklyn, and II at what time A. From 10
5 o'clock Oct. ~.
O. Did you apply TO the Jailor the Sheriff or the
Deputy Sheriff who had charge OF the prison for the
authority under which he detained Mr. shanks IN his