The New York herald., 1873-10-24
RIGHTS OF JOURNALISTS.

fore Judge Fancher-The Prisoner Dis
charged on His Own Rccog nizance to
Appear This Morning.
The facts connected with the refusal of Mr. W. r G.
shanks city editor OF the Tribune 10 question
put to him by the Grand Jury OF the Court of
Oyer and Terminer. in Kings county, as to the
authorship of article published in the Tribune
entitled Brooklyn Ring Method" have been
fully published in the HERALn Upon his refusal Mr..
shanks by order OF the Court committed jail.
Meantime he had been subpanaed as a witness in the
Stokes case and in compliance with such subpoena
over morning TO the Court Oyer and Term
bore him company Hardly had he stepped inside the
nsw Court M9as n ms s H. Chm
Judge Fanchsr holding Supreme Court Chambers Tor
when the Application " was based was signed BY 1eGa Mr.
ana e ssua on M sss9g and h Mr.
Si sn s Is & s
argument
At the designated hour the court room well filed
and included among the number quite array of
that would lie Is made q case involving
less pc rsoI al interest as Journalists.
Nj; Clinton briefly Iecapitglaed the circumstances
the statutes g1ysTn,ng Courts Oyer and n
Judge Fansher said that he doubted very much
9yI aa s INA. N ngs be had
cs and cited ysroas eases which such had
Court he claimed, extended over the whole State He
liberty they must he insisted. show the Commitment
Assistant District Attorney Lyons said that obedience
Sody igs Wi Rsn i9t5 q sSants who ea
&C. ne Tor dcGR 0i no h
.n hours notice should be given TO- the District
1sn
m ne Se sassd su unless there IS
that there is no officer in such county to Issue
on which the hsseas issued showed that be
% He
Mr. Runsls read Ss paper; = he case including
mpsn ns BY he U az osr
county setting forth the precise facts upon which the
SoSSs Of Oyer and Tsrminsr held in and for th.
Hon dSea
In the matter Of W. r, q. shanks the Grand Jury,
sworn serve the Court Of oyer and
ns ss
By law witness N sDa certain matte. and
they have cosnzance the matter Of libel said %
a a anS .1e G % he e
ing LEI and proper propounded to him.
Rns E'i sus q August
And the said W. r. @. shanks then and there, instead
OF answering said interrogatory, stated as follows, to
"a decline to answer the question, because in
srnesa one Of the editors paper not 2 give the
reaaiatons and ihs principle that the paper
And the Court having then and there decided that the
said is Legal spS proper ons and nd ns, hat
answering The same are invalid and insufficient; and
the said w y. e. shanks still contumsciousy
saa thy the
e. sg as
imprisoned in the jail OF the county for the
terfn uu n IN yans
him, which ne has refused 10 answer.
witness our hand and seal hs "a dsy q October iss
stdh9Izs shSS5IT JSHSsSN s4IiENsLI
Judge Fancher asked 70 hear the last Of the order Of
1t makes the imprisonment perpetual" observed Mr..
Clinton, alter The reading
Co hs T M 81 10 nss Sss - a
ne Of s2so or mprisoament ior ,hiry days " Il will be
seen, therefore, that the commitment s void its lace"
Judge fancher said that the other side claimed that the
Ygons arsuea m ina mat IN be Of thu
this made no 9inerence The prisoner must still be re-
sheriff D nai nnS h n M merits q hs nySysd
given notice The District Attorney Of Kings
Mr. Clinton said that as an act Of courtesy be had given
notice this application 70 the District ATTORNEY Of
similar notification 70 The District Attorney ao Of ,h,
z as q o os S ss s
his client to the ndgny OF a an arrest ~ ns there re was no
wSsSever the Court Adjourned to- considering Smss
technically under arrest
Mr.. Lyons said he had objection but that O mat
ter for the Sheriff oi Kings county
Judge Fancher said there could be no difcuty about
gentleman the prisoners standing All depended
whether he had the power
Mr. Clinton insisted that there question to
power he chose to exercise It He SAID ne would be
RESPONSIBLE Shanks appearance when wanted II
the Court would leave him In his custody. .
II Will discharge him on his own recogniance" said
Judge Fancher. Il .~.,x-.r a. A..
Deputy Sheriff having Mr. Shanks In charge--an ex.
hibon q honest simplicity that evoked general smile e.
The Court spoke up sharply Mr. Clinton looking round
ut the innocent specimen of sfirievalty simplicity.
mo, SIR" draweled out the Deputy sherin; u want
some sort Of paper.n
smiling.
.certsinly " answered Mr.. Lyons. with Ike broad
The case was Sc, down or hearing at eleven o'clock
paper looking quite happy over * and Mr.. Marks
and his friends lett the court looking happier still
over The victory, slight as was, they had thus far