New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-25
A JUDICIAL OUTRAGE.
TUE ppooKIyN CONTEMPT CASE.


The case of Mr.. w. +. G. Shanks, city ed
,,or a, r, r,,pu,r who was Imprisoned IN Raymond
a, J,u prookvn for contempt Of court IN not answer
In, tho nuestions nut 20 him by the Grand Jury OF the
over nd Terminer OF Kings County was again taken
before Judge Fancher yesterday Inc crown I'D tue
room 10 hear the expected tilt between MT Chton a
Dstriot. Attorney Bntton OF Kings county was Veiy
large and The argument was nsteneu W WIN 'no o9.
,ntsnse interest and ut times amusement at the sp'
h,,od nv the District Attorney OF Kings County IN
r 70 defeat the attempt of the prisoner to obtain
temporary liberty. 60 ,,-,, ep,o
Tho assistant from Dstrlct-At'orney [heipss oiloo
caIed te natter 10 the attention OF tue 'ourt ny say
inc. Il desirc now waving other Irregularities IN 'o
mat,cr IN present written return oil tho oherlh VI
plaee OF the verbal made yesterday ana your ono
will observe when read it that the return hau VIVA"
anno.rs % Ina a different commitment from that read
a,ardov "a n mart OF the return. Through lnadVert
ence only an order was attached 10 the retuin' o.
that time have been furnished, or the shern Das WI"
n copy OF the commitment under when mr. onanhS "'o
held, which he had before Dut "u0" "o' WI
neglect, did not bring over
Sheriff ,.,..oa
The Assistant DsricAttorney then read the proposed
nav return with the commitment when reclteo tnas
Mr. shapks shall be imprisoned in the county Jan ui
he shall answer the question: not exceeding oo uA5S0
until he be discharged according to law
ClintOD-Nhen we aulOuIhc" JNo'''""' 49,
sci upon the other side without SHADE" Oh rlSut WIN"
ever took from the Court the original papers, the pe
ton which belonged to the Court alone
The Assistant DietrictAttorney-Whic !. shal 10
most happy to return.
Mr. Clnton-The original commitment was mere III
Court Yesterday and my associate made copy from H.
The gentleman yesterday made an oral return Now we
hold him TO that return. object to the reception OF TINS
return at the outset The counsel stated yesterday
having made return orally that he would pub that re-
turn into writing this morning His right 10 make tne
return was exhausted yesterday. Now having taken
tho ORIGINAL papers which he had right to take. ana
drawing return without asking leave OF the Court he
comes here and substitutes commitment whch was
not the commitment yesterday-a commitment which
we will inquire about by and by, II that be tie way
tbev do business there. / object 10 its receP
op Either one OF things is true-either the return
Yesterday was false this is false. That OF yesterday
was made by the Sheriff himself through MS deputy
Now can it be that Justice is tempered WITH Can
DO tnat the rights OF citizens are placed IN jeopardy oy
means Of documents which don't EXIST Did tie sherh
come over here yesterday with spurious commitment
which purported the original signature OF the
court which committedR Until the question as to which
ia apuriousa question serious in is charaGters de-
corpus sacred OF rights, aud have never
known instance where 1t was tempered
to tolerated for moment L. the process OF me
Court TO be trodden under iooli l submit tnat tn,s
dignity OF the Court that somethingfshOnd be done.
Wnen the time comes we Will traverse the return we
will put denying that he was hcld by any
such RETURN and we will prove ut TOO Whch counsel
moves withdraw the return put In Yesterday 1t won't
do To say was mistake because it bore the signatures
OF the judges Of the Court Mistakes dOht occur IN
then he Is at liberty and cannot be further imprls
DstrictA Attorney Briton (sarcasticaly)-Th learned
counsel has certainly made very pleasant speech The
dincuty Is IL is not based upon any facts except the
hctions OF imagination which came from his own BRAIN
Mr.. Clinton-I think know more than you do about
IT. you we're not here.
Mr. Britton after reviewing the factsl-SO return
made az the proceedings Yesterday. This document
was before the Court not in the form Of return; in
fact because the statute recognizes no VeDal returns
We come TINS morning with formal statutory return,
and present it to the Court We DO not ask te court
the privilege OF changing the return OF yesterday lor We
don't understand that any was made All thls TAX
about substituted documents, and commitments and all
that is good for ouncombe but II DON'T DO Tor TINS
Court submit too, that the Court had ho Jurisdiction
Mr.. Clinton objected gong into the question Of
Jurisdiction until the peadings were IN, aud upon mr.
ttion spent its force when hewitt issued. The only
Office of the petition was TO address itself to the diSore
ton OF the Judge issuing the habeas corpus and he Is
presumed to show 1t TO nobody. No motion can be
based upon petition, and facts can appear upon IT,
The authorities uniform upon that subject, and he
stood upon his legal rights and objected 10 the right Of
the counsel TO see the petition.
Judge FancherI is part OF the records OF the Court
Mr.. Cnton-It don't come up even on oertorari
Judge Faneher-lt belongs to the Judge who granted
question Will come up on the writ and the return, but
having been made yesterday and the not having
been heard the officer making the return has tho
right TO make written return. | think he has.
Mr.. Cuton-I don't say that What / did say was
that they should ask for leave TO put In different
turn and the facts should be shown by affidavit
Judge Fancher-There IS no real return before the
Mr. 5gnton-Wby should we not he permitted to have
the affidavit OF the officer showing his mistakei It
should to by tue other side; then hold
them to a proper responsibility.
Mr.. Bntton-It is certainly cool proposition on the
part OF counsel TO ask the Court to impose upon the
Sheriff Of Kings County the duty Of making extra
Mr. Clinton finally asked the Court to require tho
papers which came ofcisy before the Court should re-
main in the custody Of the Court Mr. Brtton objected
being lett With the Court Mr. Clinton replied that he
there was to be question OF conflicting testimony
and no wanted copy made lie then made motion
for an adjournment until morning 10 allow time 10 an
and traverse the return II they thought necessary
custody Of the prisoner to continue, on the day
before with his counsel He assured the Court that II
had complete power to select the custody. Mr. Clinton
made long speech. in which ne said that to drag Mr.
cruel in the fullest degree Mr. Shanks would appear
Britton could not keep him from appearing. MI
shauks was now quite Ill he had been dragged sub
County Grand Jury. The Distct-AtOrney knew OF the
prisoners Illness, and having everything all ready
would ferret out thieves perseveringy as he had
followed up Mr.. shanks, Brooklyn would be the freest
city from crime in the world.
Mr.. BEi,t9n replied that be thought that he was in
court OF justice and not a hall Tor 6Gfc5mbe. He
toward Mr.. s6anks The TRIBUNE had published seri.
charges against a prominent and Judge and II
was incumbent upon him prosecuting attorney for
the county to investigate the charges and, II found
true, 10 prosecute the parties accused.
Tie Court here called the speaker order with re-
quest 10 coDfne himself TO the question In dispute The
remainder OF the discussion was Amusing, and many
laughs were heard among the crowd which crowded
about the group at the table at the sharp retorts which
rather freely passed between the counsel Mr. Brton's
anxiety 20 have Mr. Shanks remanded 10 fail was 40 an
parent that caused many whispers, and once sharp
comment from Mr.. Clinton which induced a general
laugh When Mr.. BrittOn demanded that prior To his
consent 10 an adjournment eaving the prisoner pract
cay free for one night the counsel should say on his
honor that he would deny the return, Mr. Clinton said
" VIII deny everything except the Disrrct-Attornoy's