New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-24
THE COURTS.
THE BROOKLYN CONTEMPT CASE.
LEGALITY or THE COMMITMENT OF MR.. siiAkKs CUES
TONED.

THE BROOKLYN CONTEMPI ChSD'
LEGALITY on THE COMMITMENT or MIR. siIANKs CUES
TONED
w +. G. Shanks, city editor OF THE 1RiB-
rNE was taken yesterday morning from Raymondst'
Ian Brooklyp. where he had been incareerated for
declining to answer questions put by the Grahd jury
on writ OF habeas corpus TO testify for the defense IN
the stokes trial While he in the Court OF oyer ana
Tarminer Henry 1. Clinton obtained writ OF habeas
corpus from Judge Fancner reurnabe att D. % aou ~
tnat hour Mr.. shanks appeared with MS counsel henry
L. Clinton and Messrs. Runhe Dittenhoefer. Mr. GIN
ton asked for discharge on the ground that tue CON-
mitment was objective.
Judge Fancher suggested that there was some pro
vision in the statute requiring such writ to be heard
IN return before the OF oyer ana IeTmner when
that Court was IN session.
Mr. Clinton was confident Of his ability TO show that
this part Of the statute referred TO practice IN te couu
try but has no application TO this cty that MI ehahS
WAS not held on criminal charge, and therefore not
within the meaning of that act that the prisoner was
In this county when the writ was served.
Judge Faneher did not think judge could interfere
and discharge a prisoner in another county.
Assistant DistrctAtorney Lyon said. in obedience TO
the writ the Sheriff of Kings County produced the body
of Mr. shanks who is held by virtue OF commitment
for contempt a copy Of which is annexed 10 the return
lie objected on the ground that more than hall an hours
notice should be given 20 the DistrietAuorheyj th'
the ne ton being directed TO the Sheriff OF Kings Conn
~ county other than that In which the O1cer OBTAIN
In the writ resides Is irregular under the hcNseu
states unless there evidence that there IL no oef
i'm such comfy authorized TO Issue the writ or is absent
or refuses 10 issue IT, The petition on when inc nneat
corpus was issued that he was committed III hkh
County aud is only here TO testify on rlaI.
Judge Fancher said the question was WhetheI inc in
prisonment on this cOunt. 49,
Mr. Clinton said such was the fact The Imprisonment
is here whether the commitment ~ here or not. The
return aud commitment show that be Is held Without
any authority OF law whatever
,IfuaA IN
rcIator read the commitment eCtuUg forth the charge
of CRIMINAL contempt IN refusing 10 answer questions on
u libel suit by Alexander McCue, and tho order Ia I'M
prison him until he answer such questions.
MT LYON asked 70 have the matter lie over uDtil 10
day. when the DisrlctAttorney OF Kings county
Will be present -, ~,
Mr. Clinton said he wOuld not object, provided they
did not subject client TO the ndgptty OF an arrest
There was no reason FOR committing him MI. Lyon
said no had objection, but that matter Tor the
Sheriff of Kings County. Judge FaDcher sand there
could be difficulty abOut gentleman or the prison
er'S standing. Ala depended on whether he lau inc
pOwer Mr.. Clinton assured him he could snow II. by
arrangement the prisoner then discharged on his own
recognizance to appear ut II o'clock to-day, Judge
Fancher taking Mr.. CutOu'e words al 10 ms power III
the matter.
Tine question in the matter is whether the prisoner
vas In inc custody of the Kings County sheriff while In
this city as a witness, whether he COuld legally be
beId ina this county under the original commitment
which imprisons him until he answers the question OF
the Grand Jury, white the prisoners counsel say the
statute only allows fine OF $3.50 or 80 days inprson
mept contempt