New-York tribune., 1873-12-11
THE PROCEEDINGS.
THE COMMITMENT OF AN EDITOR.

THE COMMITMENT OF AN EDITOR.
Mr TNcy-We desire to have entered upon
the that insist that whatever Mr. Brltton did
the shaks habeas corpus matter he did as counsel
the Sheriff Of Kings County, and not DistrctAt
torney and therefore, is not amenable to the charge
of Official misconduct We desire. however, that the
Investigation Of the charge should proceed.
TESTIMONY OF sHANKs
W r. q. shauks testified: I city editor Of TnR
TRIBUNE during the month OF october was subpenaed
appear before the Grand Jury OF Kings County;
Oct ~ 1 testified before them, and, after had fin
ished was taken before the Court of oyer and Ter
miner Judge Gilbert presiding and Mr. BrttOn charged
with contempt of court In not answering the
questions Of the Grand jury; for this was
ordered into custody by Judge Gilbert, and suose-
quently taken to the common jail Of the Comfy
of Kings IN RaymOnd-st-, by officer OF the Court;
the paper which the authority for holding me
iu thf Court and afterward saw It presented
)ailer his authority for OBTAINING me. This was
Fancne, TO be illesalJ first saw this paper in the
court room when the CLERK making it out;
day. Oct e. sboGt O'clock was taken to the City Of
Hewfork 70 testify in the stokes case; gave my ev-
dence III the STOKES ense, ahd was present when
haheas corpus, issued by Judge fancher was
iody after that was served. about 2 o'clock
taken before Judge Fancher, and on discovering
until next day; the paper was read 10 Judge Fancher
the authority fer keeping me IN custody Mr. clinton
ferent commitment was produced by Mr.; Britton and
read; IN the first eommitment-so-called-no definite
bui the second or forged one named 80 days as the
, & was pgG61eea sa s tn9 ss nor xa On me SSn or
men under which was held but tha inadvertently,
taken % jail by one Of the sherns officers under
the documents the fact is. was not taken by the
shor7s officer az all, but by an officer of the Court;
never held usder the second which
dnced the authority for OBTAINING me.
Mr.. Tracy-You speak OF Exhibit A as a commitment
because sou have heard il called sol
Mr ShaDks-I know was committed under IT, Judge
Fdncher decided was not legal commitment, but 1t
was good enough to seud man TO Jail on over here
(BrOOklyu); they used 20 90 such things in NewYOTk,
but have reformed that there, and mean TO here
O. Did you refuse in open conrt TO answer the ques
tios a. do not think they were asked me there, but
O. After Mr. BritIon read the questions. did not no
say 10 you, And do you now refuse 10 answer these
turned to asked if it fair statement ana,
with correction, said II was; do not believe he
made. 1 taken to New-York on writ OF habeas
corpus the following day TO testify IN the Stokes case
ana closed my evidence about il O'Clock; Judge Davis
gave no direction IN regard to my custody as far as
10 Mr. Cinton-tfI had been asked before Judge Gil
bert, sitting IN the Court Of oyer and TermneT, the
questions asked before the Grand jury should
certainly have refused 10 answer.
TESTIMONY OF p. B BRONSON
Edgar b, Bronson testified: l reporter Of THE
TRIBUNE present in the anterOom of the Court of
over and Termuer OF New York when the writ Of habeas
corpus by Judge Fancher was served on Deputy
sheriff sullwell; within minutes thereafter Mr..
shaukss counsel gave notice OF trial which they
requested me 10 deliver 10 the Distnct-AttOrney OF
Kings County, IN bis absence, to ms assistant; went
straight way to the Office OF the @ e.
out, but was expected back soon waited some time.
and did attache OF tine Office was sent
in search Of him the man DID not succeed IN hndng
him and soon returned; Assistant DlstrlctAttorDey
cullen came IN al this juncture. and served the
order him; this was, i think, between las and
TESTIMONY OF DEPUTY sHERHFs.
Deputy Sheriff testified that the only authority
he ever saw for OBTAINING Mr. sbanks the first
uitment, which named no time of confinement.
Deputy Sheriff Thorn also testified that be knew OF no
oiher commitment than the which named no definite
,,ne ~ imprisonment: the second commitment was
presented by Britton the sherids Office the
afternoon OF the Z3d when looked FOR II han an hour
later u had been taken away by Mr. BrttOn, before
had lime 10 examine IL. marx on its back the time
when received but this was not done II this case,
because had moi time 90 DO H..
TO Mr. Tracy-I was not informed by Mr. Britton OF
The character OF the when he handed IL 20 me;
nor did Nj Britton that it seemed that hsbeas
corpus issued the Shanks and that he
wisned the paper which he had handed me snort time
previous order 10 make return he SIMPLY said that
he going 10 New-York, and would take the paper
with hun.
TESTIMONY UNDER SHERIFF DAGGErr
Under Sheriff Albert Daggett testified that he first
saw the second commitment the day that Mr.. shanks
wa, taken 10 NewYork that during the afternoon
~ war lying Mr.. Thons desk after the lapse OF some
time after left there. the DstnctAttorney came
back and asked about the time the commitment was
ssiyed: I 7coked on the desk for the paper, but
couldn't ind II; he udntd 10 EHon ~ mere cas any
DO record such papers kept but that the time
was probably indorsed the document itself ne sad
Ne ouid rather uOuld not remember me time vhea
received; told hun that II would be easy Tor me DOT
remember IT, because did not know when u was re-
csved he made the remark. hsn tel Thorn or some
thing 10 that effect, and went out; Mr. Thorn came In
soon, and tod him that the DstricAttorney had been
IN the Office short time before and had said 10 me tnat
he did not desire us 20 remember the time wheb tbe
commitment received; my memory IL perfectly dIs-
fiDct that Mr.. BritOn said he did not want the time
when the commitment was received remembered when
MI Thorn came in told hun that the District Attorney
had the Office, and had said that there might be
inquiries 10 the time when the commitment was re-
rfyed and that he did not want remember II Mr..
Thorn said, ! wonder II he don't want to put in
hole laughed and said did u't any hole he could
Put into. -
Over and TermIner produced the minutes of the Court
OF Oct a. 1878 These we're read, showing that Mr..
Gbauks for refusing 70 answer certain
N a. ordered 10 be i'm prsoned for the term until he
sDswer the questions propounded 10 him which he has
refused 10 answer" The order OF imprisonment Tor any
specifc number OF days IDentioDed IN the records
aud the reference 10 the second or forged
commitment.
TESTIMONY SHERIFF wILLiAAs
enerf Williams testified Mr shaDks was eommitted
"a the County jail Oct. ~, upon this commitment
s,eferrpg 70 original paper which named no time OF
fuprisonmeDt); up 10 the lime he vent 10 Ne"
yo,s On a writ od ksifedndnn j knew oi
,s other commitment; The return 10 ths writ
ef hsLess corpus jsAaed BY JUdg tADohef