New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-06
THE CONTEMPT" CASE.
PERSONAL LIBERTY NOT TO BE THRILLED
WITH


cIDRs THAT THE COMMITMENT WAS ILLEGAL,
AND THAT PERSONAL LIBERTY MUST DE yiNDI-
GATED.
The case of w. F. G. Shanks, City Editor OF
THE TRIBUNE, who was committed. on Oct. o. by the
Court OF over and Termiuer OF Kings County, to the
Raymond-st JAIL Brooklyn, for contempt OF court, III
refusing 70 answer certain questions propounded 10 nun
by the Grand Jury OF that county regarding tue au
ship Of an article printed IN THE TRIBUNE under the
head Of The Brooklyn Rings Method" was again
before Judge Fancher yesterday morning III VIII
he remembered that Mr.. Shanks was committed
TO a nj - O'Clock the 22d of last month and was
broeh: to ts city at o'clock the succeeding day
ON writ OF ha6eas corpus al estdcdndn IN the STOKES
case. Whilo he was giving in testimony MS COUNSEL
Henry L. Clinton and c. A. RunEle, obtained from Judge
Fancher a writ OF habeas corpus returnabe beiore nun
at o n m OF the same day Mr.. Shanks was taken at
that hour befor Judge Fancher, and the case was ad
ourned half an hour later until the next day. the fact
beinc brought out by the Judge that the commitment
under which he was held void. because IL was for
An Indefinite period On the discovery OF this fact the
attorney Of Kings County prepared new COM
mitent and substituted it in the return OF the Sherln
without that officials knowledge. On the discovery OF
the ipostion practiccd upon him. tho Sheriff VOlun-
tary came into court on the Gath and swore that he
had never seen the commitment paper which had
| been substituted by the DlstrictAtorney for the
original commitment His deputy and under sheriff also
swore that they had held Mr. Shanks under this
| commitment and the under sheriff prepared to
swear that the DstrictAttorney had previously sug-
cested 10 him that he should forget the hour Mt which
the substituted document left In the SheriS Oice
After the taking OF additional testimony the case was
adjourned yesterday Promptly at 10 o'clock yeser-
day the court called tO order, and the proceedings
in the case we're at begun. Henry l.. Clinton, c. A.
Runkle, tex District-Attorncy Norris and Col A t.
| Dayis-the two latter gentlemen having volunteered
Mr. Ehunlf IDsfT
torney Brtton as former occasions. conducted the
oppoStOn aided By Assistant DistretAttorney Lyons
| MIR. BRTToN's ADMISSIONS.
AT the opeulng Of the Court Mr. Briton assembled the
witness stand and, after being sworn made the follow
ing statement reGarding the two conflicting commit
ments:
| On the morning when Mr. shanks went before the
| Court and was adjudged guilty OF oOntcmpt had WIN
me IN the court the documents ilnarked " Exhimt A.,
with such changes from present form viii now
expain When the Court directed the order of commit
a. from NV pocket had drawn It for the term OF
| davs The presiding Justice said, make the order
REPLIED. al have drawn it the other way Judge
Gilbert then ordered me 20 draw 1t in its present FORM
| The next morning Judge Gilbert came into my
office. took from my pocket the commitment emu
"a 1 had drawn IT, and u then req, ~, IN tne
the page an the beginning Of the ne ana on the next
page, until ne be diachaigen 4eeorlg 10 aw m d
on the previous day, left the COURTROOM haudng the
order 10 the clerk and went below to my ohce, IN the
same building and examined the statutes and after
sTrb eTaminafIon there wrote in these words
Iniuncnt now marked Exhibit b." after the word
:. Ki"s" Ar The botrom of the page Until he shall
answer tine question which he has herenDeiOre refused
80 answer not exceeding 30 DAYS" returned to the
court room in about 20 minutes was detained lutte
mr., be that the side Judges had gone, Judge
Gilbert alone remaining. | presented the cOnlntbent
Exhbit B'D TO him for his signature as had mOdlhed
II I'M INV Office and IL appears, saying 10 MN at
tbe time that had made the alteration which have
mentioned He said that that was not necessary cX
pressed the opinion that 1t would DC bitter nc sald
'Very we'll" He took II and ugSested that insert IN
sentence in the middl" of Il the words And te sala
Shanks having been held thereof thei maze thaV
alteration. lie then signed the paper as 1t now reads
precisely. That was rs near as can state abous IL
o'clock the I'd looked Tor the SIDE Justices put
could not finl them. | retained the document IN my
pocket. The next morning at about 9i5 o'clock, came
some one else whom do not know passing through the
hall OF the Court House In few minutes Judge Gilbert
came into the nall, ana asked lin 70 come mo the
Office and sigl the record OF c0nylc-
ton wheh now oS on ,ba o nrs G me ev cor
He came into the Office, stayed few minutes and went
side Justices OF the court Between ~ ana % minutes OIL
10 they into the Office. Mr.. Cullen, my assistant,
was present. presented to them the two papers See
sign anything Judge Gilbert VIII sign and they signed
he paper marked "Exhbt b." with directions TO get
the signature OF the County Clerk lie LEFT me at once,
aud returned In about three minutes hnk II was not
more-and handed me the paper near the door Of the
Office. l took IL in my hand ANA went stralghtHay 10
the office. whom was not acquainted with,
" Exhibit b." There was no otmer person
c9mritmenI under which yon hold Mr. shanks. The
paper which You had yesterday was the order re
come into the Office this morning." He said. Yes, he
went 10 the Court OF oyer and Terminer and
handed TO Mr.. Stevens the other paper. Ihs
waj at m oDou OF this case until Thursday the
23d had been away from the office al day aver hait
past At about half past three or onr o'clock the
deputy. Stiwel. came IN and said. " they took Nun
(Mr shanks) away from me- which was me nrst know,
Inn VIII MS
which the order Of this Court, sgned by Justice
from Mr. Lyons for the papers ia the matter.
1 said. "the paper you had VITA yoa was the
sheriff Is Office and followed. When l reached 1t.
asked Mr. Thorne where the commitment was that left
In the morning. just then the under sherlu came IN
said III you will let take this, VIII draw the re-
turn the habeas corpus issued by Justice F4ncher
lie said 'A right" took the paper, Mr. Daggett
being i'm the room when went out drew the return
that evening in my library at home t99k IL 20 the
and the return which had drawn read 70 the sherin
this return he sad THAT Is nue. every wofa o Oh
ment" left the Office with the return thus signed anu
Exhibit b. Up to that period had no Kno%IinSt qs
Information OF the points when had Deeh raised IN th
read report OF 1t III the morning papers. L
VIII add that neither OF these papers was altered
word or s. liable OF letter after that morning To which
have referred Ihey are both IN my hahdw.itllg. an .
Mr. Clnton-Mr. BrittOn, the return OF the Sheriff is
dated the 2Jd. You say It not signed until the
next morning A. 1t was signed ON the morning OF the
q Asyou prepared it Thursday evening you dated it
that day A. Yes Sir.
A. IL was signed that morning within five minutes of
q. EXHIBIT Il" was not attached to it ut that time
A. No. sir; IL vas In my hands.
q. Did do thing than read the return 10
the Sheriff A. That was all.
O. You nave stated all the conversations that passed
between you ana the Sheriff at the time A. / have
stated all that recollect.
Mr.. Britton then called his assistant, Edgar ~ Cullen
who testified that he bad taken the document now
marked Exhibit b." to the Office of the County Clerk TO
be signed by him the morning after Mr.. Shanks was
committed Mr. Cullen was then xanined by Mr.
Clinton in regard TO this matter
Jndge Faneher decided that the nnnnsinr cnnn,nl