The sun., 1873-05-23
TRAIN GROWING SERIOUS.
NO PENT-UP UTICA TO CONTRACT
MS POWERS.
A Prac acticai Commentary upon Judge Davi,,s
Actiou-J usticc Faucher Taking Care Of
the Rights Of Citizeu.


A Practical Commentary upon Judge Davis.
Actiou-Justicc Fsucher Taking Care Of
the Rights Of n Citizen.
Justice Fancher's court room was crowded
yesterday morning when George Francis Train.
with beautiful little bouquet pnned to his left
lapel. entered in care of deputy sheriff. The
corridors were 1llcd with an excited Thong and
everybody was discussing the action " judge
Davis on Tuesday. Mr. Train wa, anxious and
thoughtful and manifested no disposition to
talk. Mr. Lyon opened the prpceedings by say
ing that Mr.. Train was there under writ OF
habeas corpus granted by the Court, and return-
able at that hour. Mr.. Trains counsel said that
at the time of the application for the writ no
proper commitment had been made out, but
almost concurrently In point Of time the clerk
had drawn the writ which was made the return
TO the habeas corpus The writ was made by
competent Court, and he supposed could not he
assailed in this proceeding; but the Court would
see that this writ was termnabe at any time on
the sanity of his client appearing. The case
presented the anomaly that after SberlH's jury
had listened to the examination OF many ex-
perts on both sides and pronounced the pris-
oner sane. he was now committed on the test-
mony ~ one Of those experts who then testified
in hostility To him.
Justice Fsncher said that he could not 90 be-
hind the record Ia the present proceeding, but
that under'he statute another application could
be made.
IN A HURRY.
The Assistant District Attorney asked whether
an eNafnina ion could be had before Mr. Train
was sent to the state Asylum for the Insane.
sistant District Attorney was vexed. why,
your Honor. said he, ut was only yesterday
that he was declared insane on the testimony OF
witness called by hi, own counsel.
Justice Fancher looked at Mr.. Lyon and said,
It is important that the examination shall taks
place as soon as pOshble.' Mr.. Lyon scratched
his head and inquired how long such proceed
ings could be continued, and whether another
examination m sht not follow the day after this
one terminated.
Justice Fancher mildly suggested that hs
would attend to that question when IL arose.
Mr.. Lyon scratched his head again, and for a
few moments was at a loss what to say At
length he said that respect for the tribunal
which committed Mr.. Train would suggest that
some little time be allowed to eapse. Mr..
/ Trains counsel said that the Assistant District
/ Attorney forgot that another tribunal before
| whom numerous witnesses were produced do
| cldred Mr.. Train perfectly sane.
TRICK.
Mr. Lyon shook his head and In a loud tone
| said. " | move the Court to dismiss this writ and
remand the prisoner" Mr.. Trains counsel OBJ
/ jectcd to that course, saying that there was
! taken back to the Tombs, the Sheriff would ny
writ be adjourned, "a he wished time to. prepare
! the papers in the other proceedings Mr. Lyon
saw that Justice fancher meant to treat Mr:
| Ira with fairness, and that there was nothing
to be hastily done. lie asked why the suit sit
! should he adjourned. " For justice sake, Mr..
| Lyon" answered Mr.. Trains counsel.
! Justice Fancher thought II proper to grant an
| adjournment until Monday and Mr.. Lyon picked
| up his papers and books and went from the
| room much dspleased. Mr.. Train, who listened
attentvely throughout the proceedings, express-
ed his perfect satisfaction with Justice Fancher 9
rulings. well. George cried out one OF his
ademrrs, :" no Utica yet, old boy" Mr.. Train
laughed as he replied, oh, no. | think there
will bc fair play for the coming dictator" When
Mr.. Train and his escort reached the street they
were greeted 10y a vast throng Which followed
them to the Tomh.. Mr. Train wrote the fOlOw-
ing soon after reaching his den
TRAINS THREAT.
1nE TOMS tG.h month"; NEW YORK, May g. 1873.
~ HeNirtutf a. IteyJ., ~ .fTUf iN0fHfy.
This l. my sixth month IN the Tumbs Without trial.
believe the statute distinctly states that after two
discharge not intend to allow you to crcapt from
the unpleasant dlcmna IN which your predecessor by
false accusation. Illegal indictment. has placed
you aud IN which you, IA trying to nm. have allow
through these bogus &c unat lngulrendO experts.
hereby notify that shall hold you respons bic
for heavy damages for tins additional malicious libel
Instructed assistant Mr.. Lyon, TO tsten
IhaNc also written to thel Legislature At Albany demand
INK IN the name of the people thc me dlste lnpcich
meut uf Judge DAVIS for ururphon aud ma alpfhcilCe
thereby jtOpardiug tne liberty and property Of thr c
zen The evident oollusion between your subordinate
and the Judge was too apparent to escape notice
again demand my trial ON the original indictment Or
considered IN, gal back out of II With nolle prosequ
and further disgrace the bench and bar With tue
! miserable subtcrfugr which has made he Court the
laughing stock Of the nation for 50 many months. W
you please say inropy what you Intend To- do about u
the coming Dictator. and President OF the Murderers