The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-29
GEORGE FRANCIS TRAIN.

An Inquiry De Lunatico To BE Held
Upon George-His Appearance I'm
Court-He Makes Another Speech-Tho
Tombs ON Fire Only I'm Georges
Brain-He Returns to His Cell.
The Court of Oyer and Terminer was crowded
yesterday morning, it appearing on the bills that
George Francis Train would put in an appearance
before Judge Brady. There was, in fact, not stand
ing place left within or without the bar. Punctua
to the moment George made his appearance, and
was, of course, the cynosure Of all eyes, He was
dressed with his usual care-bouquet and all. He
looked around him after taking his seat and
seemed well pleased that he was able to draw so
spig housen and he only waited his turn to
speak to make sensation. The audience were
not disappointed. George was primed, charged
almost to the bursting of his brass buttons, and
when his counsel had concluded and the
case about being closed the irrepressibe Train
asked and obtained permission from the Court to
say few words. George delivered himself OF his
pent up feelings taking his favorite topic-the
Tombs-to descant upon. Georges friends are
anxious to get him out, and the principal officials
would make 1t easy for him to take legbail II he
would only go. The latter are displeased with
Georges animadversions upon their official home,
where "they live, move and have their being" at
the expense Of the county and as they are all sat
tsfed with their quarters, their rations and their
salaries they don't want George to be abusing the
Tombs all the time But he won't leave for friends
or foes. He has got attached to his cell and Its
surroundings, and protests against any action
taken to secure his release. 1t will be found from
the report of the proceedings In the yester-
terday, as given below, that District Attorney
Phelps has had him medically examined, with q
view to test his sanity, and that the question OF
sanity or insanity will be shortly tried by Chief
Justice DAILY, Of the Common Pleas
At half.past ten O'Clock Judge Brady took his
seat On the bench and after the preliminary OF cali
tng the jury roll District Attorney Phelps rose and
Your Honor, have two writs of habeas corpus
IN the case of George Francis Train, the return to
which is that he Is held under indictment.
suits and Mr.. ]. o. Mott stated that he had sued
Mr.. Phelps observed that, as Mr.. chatfeld had
asked the discharge Of Mr.. Train, he should be
heard before Mr.. Mott, whose request was merely
that he be admitted to bail
was defective, inasmuch as it did not set forth the
matter alleged to be obscene The articles claimed
be t e. Nc q sns
hts own knowledge,as the passages In question did
not appear In the indictment. Such an indict-
ment, he argued, WAS wholly unwarranted, as the
Court or Jury could not determine the question OF
.obscenty unless the alleged obscene matter wa
present shape, was void, and Mr.. Train could moi
Be held upon 1t. 1t must, therefore, ian- II Mr.
Train were held upon this Indictment the mission
aries who went among the civilized and the
heather to disseminate the Bible wsuld be just 81
liable to prosecution.
Pnelp8-MI.
OF December last, under the statute OF 1872. Oh
the 2lst Of the same month he came into Court ant
entered plea Of not guilty. He has been Kept II
confinement since that time, having made no ap
plication to be admitted to ball. The right way II
test the validity Of the indictment Is BY motor
toQuash or by demurrer. think that, under tnt
law, the Indictment is good and sufficient TO- hold
Mr.. Train. As to the other matter alludea TO,
believe IL Is better to let II stand over unti tn'
validity or invalidity Of the indictment De deter
mined. It is not desirable to have ball on BAD o.
detective Indictment.
Mr.. Mott think not, but this case amounts
only to misdemeanor, the highest punishment io
which Is one year In prison, with fine Of = GOO
There Is not the slightest danger that Mr. IraiI
will not appear when wanted. Elg ~.
The District Attorney said he would not oppos
any application for bail.
bail taken now. ~
Mr. Mott said yes, but that 1t could be done in tn
absence OF the prisoner. rfl
Judge Brady then stated that he would be salts
ned with bail In $1,000 He then asked II there wa
any further business before HIM. whereupon Georg