New-York tribune., 1873-06-28
THE COURTS.
MR. DANRs PROSECUTORS.


MS COUNSEL. PROTEST AGAINST THR PROCEEDINGS
BEFORE COMMISSIONER DAVENPORT.
At the resumption, yesterday, before COM
missioner Davenport of the proceedings against Charles
A. Dana charged with publishing in The san hbeious
article on Alexander Sheppard the Vice-President Oh
the BOARD of Public Works for the District of Columbia
and Henry D. Cooke, the Governor OF that District MI
Rartett claimed that the alternative nature OF the
warrant under which Mr. Dana had been arrested gave
him the right 20 appear before Judge Blatchford lie
proposed therefore to submit his case TO that Judge
United States District Attorney Bliss-Ths IL war
rant to hold Mr. Dana for preliminary examination and
under II he has such alternative right when Com
missioner issues warrant he has the right to conduct
the examination the person arrested by virtue OF IT,
Commissioner DaYenpoTt-Go on, Mr.. Bliss.
Mr. Bartlett Commissioner Davenport, object to
your going with this examination, because yon have
no jurisdiction and therefore no right to go on with IT,
This entire proceeding highhanded and fragrant out
rage and you that you tTeadng on dangerous
ground.
Mr.. Bliss-n the gentleman don't want an examina-
ton 1 ask that the prisoner be committed.
Mr. Bartlet-I appear here to protest against these
proceedings: this Court has jurisdiction IN the mat
ter and the Commissioners signature to the warrant OF
arrest amounts 70 10 more in law than bootolacRs
signature would. These proceedings violate the pro-
vision OF the Constitution which grants trial by Jury
to every citizen; and again warn the Commissioner,
and denounce his course fragrant outrage.
Assistant Attorney General Harrington--u Mr.. Dana
will come % Washington, will give him trial by
jury.
Commissioner Davenport--You desred examina-
tion yesterday and now, Mr. Bartlett must 70 on
Mr.. Bartlett--It not for an examination of Mr..
Dana that appeared but for the purpose OF examining
the papers upon which these proceedings are instituted
That is a right at common law, and you Sir, cannot
take il away Neither have you authority 70 force men
plead in criminal proceedings until reasonable time
has been given to examine the allegations against them
informed you yesterday that had had no time to ex'
anime the papers in this andI still protest against
your action fragrant outrage. Iclam that the papers
upon which Mr.. Dana has been arrested are wholly
Illegal and that you have authority To examine him,
hold him, or force him to give bail
Mr.. BlsS-UpOn what ground 90 yOu say that Ihe
Commissioner has no authority To so on Win the exam
inationf
Commissioner Davenport-we will with the ex-
Mr.. BSrtlett-The ofense alleged Ia not even within
the jurisdiction Of the court III Washington, to which
is proposed 10 send Mr Dana for trial. aud II will be
dangerous thug for tlns Court 70 hold him to bail.
Heavy damages given for false Imprisonment.
Mr. Blss1he information in tins Is filed in the
Police Court Of the District Of Columbia Ii IS properly
filed there because under the Of June H. 1870, that
court has jurisdiction of prosecutions instituted on IN
formation without indictment. That act that the
Court shall have original and exclusive jurisdiction Of
Oenses committed against the United States and the
title Of this is The United States against Charles
Mr. Barlett-Tbe Constitution Of the United States is
in inc geutemans way fOT 10 secures tho right trial
by jnrY and the defendant is charged with criminal
offense which IA jury must pass upon.
Mr Harrington t3ning) I have told the gentleman
that II Will Washington he can have trial
Mr. Barett-The gentleman smiles but It is not the
smile Of intelligence. This is the most daring outrage
ever committed, and the American people Will De
warned by it, and lOk 10 their imporiled liberties.
MI Bss-I admit that the defendant Is entitled TO
trial by jury but the Commissioners VIII not question
the cOnsttutOnay OF the law under which he Is act
ing. 80. =, q,
hold man tO appear before court that has
no Jurisdiction.
with this examination.
Mr Williams from Washington testified rs 70 the in
formation lodged ia the police court before referred TO-
aud that upon warrant FOR the arrest Of MI. Dana
was issued.
Mr.. Bartlett waive no rights, but will not 60 into
this examination and again protest against these pro-
ceedngs
Mr. BssHou either in the case, or you are not
you are not in II, you cannot protest
Mr. Bartlett-Well do protest you and the COmuis
soner are following the footsteps OF Judge who has
quite recently trampled on justice aud made himself
Oaious TO the American people.
Mr. Bllss--I now ask that Mr.. Dana be committed To
The custody OF the Marshal tO DO taken 10 NasngtOn
but of course, am willing that he should give bail
Upon Mr.. Barietts motion, further argument on the
question sending Mr. Dana 10 Washington was post
pOnod till July 10, and he released ON his own re
COgulZaDco.