Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-06-28
THE DANA-SHEPRERD LIBEL.
Detailed Report OF the Proceedinx,
In New HOrk YesierAaY.

THE DANA-SHEPRERD LIBRL.
| In New York Yesterday.
| The following is detailed report OF the pro-
ceedipgs before U. 8. Commissioner Dayep-
port, in New York yesterday, In reference 20
the issuance Of q warrant by the United State
judge for the removal Of Charles H. Dana, edi-
| tor OF the New York Sun, TO this CITY for trial
| Oh charge Of criminal hbel,:
INT Bartlett, counsel for Dana-I desire N
| change the jurisdiction Of the case, and re-
Gg nH,s .h p ,eJ1est that we may appear before
| :, L. s: District Attorney Bliss-I apprehend
the prisoner is here. He has been brought he
exercise after the close OF these proceeiinss
Inc preliminary investigation win be held
U. s. District Attorney.-Nr. Williams Min
be sworn. What is your name and residenceP
Answer-Arthur b. Williams; reside I'm
Washington, ID. G. 49,
Mr.. Bartlett.-Before You 20 into an ex.m,.
nation ii is proper to make an objection To the
jurisdiction in this case. Ito the commiss,on
eIl lou nave none whatever, and We object
10 gong INTO an examination on any papers on
which the case has been raised. That ouesfion
should properly be discussed.
=, :; District Att9rney..If you don't ask an
examination, then ask the committal of the
prisoner. l understood, yesterday, Mr.. Bartlett
to demand an examination.
MI bartieu-I came here TO protest on be-
perfectly and eri the authority Of this
street.
Commissioner Davenport, Ito Bartlett. You
yesterday asked for an examination, and il was
setdown for to-day, and the parties are here
now TO 60 on with IL.
Mr.. Bartlett-we ask for the common right
You cannot compel man 70 plead until he has
had fair and reasonable time and opportunity
to examine the allegations on which he is held.
1t was to look into the papers on which We were
commanded to come here, and your honor has
no authority to either require bail or 60 on with
the examination.
U. s. District ATTORNEY Bliss-On what
ground is il wanting i'm authority?
Mr.. Bartlett.-The court at Washington, be-
fore which IL is proposed to hold the defe ndant
TO appear, has no jurisdiction over the alleged
crime; and i say il is a most dangerous pro-
ceeding to hold him to bail. ] consider that
we have already claims for false imprison-
ment.
L. s. District Attorney Bliss-Here is the
information filed in the police court of the Dis
trict Of Columbia, properly certified in every
given under the statute Of June, 1870. iurisiic-
ton of prosecutions, which is required 70 be
given under oath, without indictment by grand
ing himself aggrieved by the Judgment of said
court may appeal to the criminal court held by
justice of the supreme court of the District OF
Columbia, and in such case the appeal shall be
tried on the information filed in the court below
certified 10 said criminal court, by Jury in at
tendance thereat, As though the case had origi-
shall be established in the District of Columbia
a court to be called the police court of the Dis
trict OF Columbia, which shall have original
and exclusive jurisdiction of all offences against
the United States committed I'm the District of
Columbia not deemed capital or otherwise in
famous crimes; that is TO say. OF all simple as
faults and batteries, and all other mic iemeanors
not punishable by imprisonment al the PEN
itentiary."
Mr.. Bartlett.-That is the very law, your
stantly discharged. The Constitution Of the
United States stands in the way OF the gentle
man. The defendant here is charged with a
crime against the United States-(the gentle
man may smile, but il is not a smile OF fntelli-
gence nor learning)-the language is plain in
all cases, and the law shows that the court is
this is false imprisonment, and it IS one of the
most glazing outrages ever committed. 1t is a
at case, following Just such another one given
US lately by learned iGcsscc, and the American
g. S. District Attorney Bliss-This gentleman
is always being oppressed when client Of his
is brought into court. 1t is chronic with him,
ten Years This law organizing the Police
Court in the District of Columbia, has been
fully argued, and held TO be constitutional.
The right Of trial by jury Is absolutely preserved.
1t is right to have it, and it cannot be taken
from him. / apprehend the commissioner is
not going to pass upon question Of unconsti-
Mr. Bartlett call the attention Of your
honor to the plain language OF the statute, say
ing, as il does, that the court shall be without
tlemen TO- ind any law that allows that you can
bind man - any court that has not any auth
ority to try him.
did you ever see this paper?
Mr.. Wiliams.-Hes, sir.
Mr.. Bsrtlett.-If my silence means anything,
give notice that we shall not waive any rights
by going into any examination.
L. s. District Attorney Bliss.-Mr. Williams,
can You say whether this Is a copy of the orig
and W a warrant issued theroOQ2
Mr.. williams.-Yes, slr.
U. S. District Attorney Blss.-I ask a COM
initial by the marshal of the prisoner to Wash
| ingtOn, there to answer, (handing a copy Of the
information tc Commissioner Davenport,) for
this is not offence punishable by committal
| March I'd, 1881 shows that this is not such an
| offence; and also ask that the warrant be TO
commit the prisoner for trial in the District OF
| by the J. arshal of this district, the form for
| which Is laid down in the cases Of Common
wealth W. Blumgarten, and same VS.. United
| States; lark, ID Benedict.
| MT DaIa was then committed to await the
| issuing Of the warrant of Judge Blatchford for
Mr.. Dana removal to Washington, the ques-
| ton of ba / to be decided by the Judge when
application for the issuing OF the warrant is
| made TO Ia IN.
Judge atchford, who was trying the Wood
| hull-C lafi.,-B Blood case, on being Questioned
| the apl.lic: ton for a warrant of removal at
| O'Clock in he afternoon, and would fix the bail
| az 80 U0O. commissioner Davenport permltteu
| Mr.. Dana GO on his own recOgnizance until
| the hour med. Just before O'Clock in the
afternoon, Assistant u. S. District Attorney
| Tremsine and Mr.. Bartlett appeared before
| Judge ] .itcbtord TO argue the question of
| granting the warrant of removal, and, in case
| il was gra nted, Mr.. Dana was prepared 70 give
bail. 1t as finally arranged, owing to Judge
BlStehfo ds ensagemsnt,s ants; h. tS,s 1ct ro1;,oo
| and that Mr.. Dana should give his own recog-
| nizance o appear at that time.
4
l TRAGIC FATE OF PARTISAN "CHARAcT-
| RR."-1he event of the day in Paris rs the
| tragic death of Mdlle. PePita Sauchey. Mile.
| Sauchey was one of those numerous young