The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-28
GEORGE FRANCIS TRAIN.

The Irrcpressible George Is Brought Into
Court Upon q Habeas COrpus-He De-
claims Against the Aufhorities-A Pic
ture Of the Inner Life OF the Tombs-
His Speech to tho Court and His Let
ter-s.Most Noble Felix, Am Not Mad.o
very rich scene enacted in the Supreme
Court, Chambers yesterday, the principal charac-
ter being the irrepressible George Francis Train,
who was arrested some fourteen weeks ago on an
Indictment charging him with publishing obscene
literature contrary the statute in that made
and provided. From that time to the present
George, 30 TO speak. has been hugging his chains,
and instead OF the iron entering into his soul,
he seems to thrive upon the air OF the
Tombs, upon which he has been casting
such whitening aspersons of late. Whatever
Georges fancy may be- and which prefers the
Tombs and Imprisonment to casting Off the cere.
ments or the Tombs and again revisting the
glimpses OF the moon a free man, he is deter.
mined TO stick, and actually Is opposed to that
liberation which SO many OF his unfortunate en-
tombed associates pine after, but can hardly ever
hope for. The action which brought him forth yes
terday none or his seeking George is nothing
II not martyr, whether IN the Hotel de Vile, Mar
settles; in the Marshalsea In Dublin, or in the
Tomba of New York. He is nothing when not SEN
sauonal ana, therefore, the issuance of the habeas
corpus which brought him TO light yesterday in the
supreme Court, Chambers, before Judge Fancher,
was applied for by his friends, George, as usual,
Train was brought vi et armis from his cell in
Murderers' Row 10 the Supreme Court, Chambers,
before !uage rancnef on two wits u haneas
by ex-Attorney General Levi $. Chatheld aud Mrs.
Fletcher Bishop. For man who, according to his
own account, has been suffering from lever and
ague for fourteen weeks, owing to the unhealthy
condition OF the TomDs, George looked uncom-
monty well. He was mnrfied up in pure South
Sea seal skin coat and carried q nosegay ike
coachman's. in his button hole.
The court S was cTSwde ssn Of
patbetic IN a corner, with bouquet OF MOWERS in
her hand. which she gracefully presented George
ence was held between Mr.. Cbat1eld and the
prisoner, who was the cynosure OF all eyes, anu
Mr.. Train read for his eounsels benefit some re.
and which he got printed In slips.
rHE PEOPLE AGAINST GEORGE FRANCIS TRAIN
was called George trpped lightly TO the front and
took up place opposite District Attorney Phelps,
at whom he occasionally sc0wled, while his coun-
sci moved for a discharge on the writ.
Mr.. Phelps brieny stated that an indictment had
been found against the prisoner and the proper
place to answer that indictment was In the Court
OF Oyer and Terminer
Mr.. Chatdeld said that he knew the Court could
not go behind the indictment, but IL could correct
the record OF the Court OF oyer and Terminer.
Mr.. Phelps said that while the Court OF Oyer and
Ierminer was in session the writ should be return
eple there. The Court, he conteDdcd could not
take any action to impeach that Court The de-
fendant pleaded guilty TO the Indictment on the
21st OF December.
Judge Fancher-I think that the objection to the
record should be made in the Court OF oyer and
Terminer.
After some further debate on this matter Mr.
Chatneld said they intended to move to correct the
record and traverse the crime
Mr.. Phelps said that the complete answer TO the
motion was that the prisoner stands under an in
dictment. 1t was not the practice, and IL would
be q dangerous precedent TO establish that a Court
Of coordinate jurisdiction should examine the
records OF another Court. II there was an error
the proper place to correct IL was In that other
Court.
Judge Fancher-The most can do is to send the
case to the other Court.
Mr.. Chatfeld--There Is not one word In the in
dictment under which this man can be held. Mr..
Tran was indicted for having In his possession
obscene literature, hot for publishing It, There