The New York herald., 1874-12-03

It's ilegality as his counsel tells MIN Is tnat the
He has nowhere alleged that he was advised ~
counsel or has any reason to believe that the
Court OF Oyer and rermlner was not competent
tribunal in its constitution, organization or genera
criminal jurisdiction. me allegation is That IN
this speclnc case the Court exceeded its jurisdic-
ton, which he claims TO be illegal. How II can come
more properly. within the scope OF the statute
am as loss 70 conceive must say ! had sup,
learned opponents might have developed some
tnlng against the doctrine laid down. From the
apparent earnestness OF manner in which Mr..
Field, as Is his won't pronounced his nat that this
matter was settled years ago supposed ne was
at least settled the question. He has produced
but tour cases.
Mr. Phelps brieny reviewed the four cases cited.
claiming that none OF them applied to the judg-
ment OF court OF superior Jurisdiction, and tha
there was neither necessity law nor precedent
JUDGE BARRErT'S RULING-THE BOSS RENANDRD TO
THB ISLAND.
for a Summary disposition Of q motion OF this de-
scripa0n. 1t Is clear throughout, Il seems to me.
The nrst section cited enumerstes among the per.
sons who shall not be entitled to prosecute q ha-
beas corpus persons committed by the nnal judg.
ment OF any court OF competent Jurisdiction, and
by virtue Of the nnal judgment OF any court OF
competent criminal jursd1ction; and Il shall be
the duty OF the ofricef OF the court to forthwith
detained by virtue OF such Judgment. No court
or ofrcer ora on return ,rn to naoeas CORPUS
or justice OF any such Judgment This is too plain
TO admit OF any discussion Section 20 says that
shall grant 1t without delay unless 1t appear from
the petition or documents annexed that the party
that plainly appears from the record. There is a
distinction made between courts OF civil and
criminal Jurisdiction for the statute says that II
the prisoner be in custody by virtue OF the judg-
ment OF civil court ne snail be discharged Y 1t
appear that court exceeded its authority.
But that is left out in the other case, and there
Is no provision for reviewing the jurisdiction OF
criminal court One cannot inquire into the e-
eay One O may DO i writ Of error case was
made out OF court OF general criminal jurisdic-
tion which had none Dy virtue Of some defect, as
when three judges were required instead OF two,
then the question might be investigated. But
there is not any question that the Court OF Oyer
question sought to be raised is that it
exceeded It's jurisdiction. Nothing of that
kd for the IN aeast to
that the statute has provided Tor 1t by writ Of
error. The statute provides that no Judge shall
review the act OF q brother Judge sitting IN the
same court. There is place outside the court lor
such investigation. case has been cited where
Competent court but he was not detained by vir-
tue Of IT, He had been pardOned and was iree
man These facts appearing on the es ace o s1e
and the motlon TO Quash II where these facts 40
appear ought to be granted, and the prisoner re-
1ne Court then rose.
THE ESCAPE RuMoR.
Very shortly after the termination OF the pro.
ceedings IN the Tweed case, in the Court OF Oyer
and Termlner. yesterday morning, there was
rumor that the reason that Tweed did not appear
In court was not the one that was alleged that OF
sickness, but that he had 1ed the country. This
rumOr received confirmation when 1t was stated
that Tweed had left the Island. In company OF two
warders Of the Penitenuary, late on the night
previous. To test the correctness OF this state.
sherins once and saw Clerk of Arrests
Quincy. Mr.. Quincy said the writ In
the Tweed case had not been placed in the hands
custody OF the Sherin,s onicers. Mr.. Quincy,
however, said that he did not know that Mr..
Tweed left the Island the previous night in row.
boat in the company OF two warders. Al to his
further whereabouts he knew nothing but he had
been told that Tweed was not expected back at
the Penitent1ary until the afternoon. While this
did not strengthen the rumor much 1t did not
contradict it, and the reporter crossed the Park to
the District Attorneys once, where he saw Dis
trict Attorney Phelps, who. on hearing what was
said be the facts as to Tweed's escape. replied
that he not surprised att and he thought that
1t was very likely he had gone. The Commis-
sioners OF Charities and Correction In Eleventh
street were next waited upon. At this once the
ana Stern, all OF whom were very much surprised
at the existence OF such rumor. and we're con-
siderably startled when told that Tweed had not
appeared in Court on the habeas corpus proceed
ings. Commissioner Laimbeer and the reporter
went Immediately to the room OF the telegraph
operator an ana communicated with the Penitsn-
and which will be found below, seemed TO con-
firm the supposltion. aud commissioner Laimbeer
requested the operator 10 comm unicate with
Police Headquarters. Superintendent Waung re-
plied, and the Commissioner informed him Of the
supposed escape OF Tweed, and requested gen.
eral alarm to be sent 10 the various precincts.
Mr.. Laimpeer and Mr.. Bowen then stepped into q
carriage and were driven 10 the steamer at the
foot OF lwenty-slxth street, and were speedily
within the walls of the Penitentary. where Tweed
and Warden Llscomb had lew minutes before
preceded them.
The alarm from Police Headquarters gave the
news OF this supposed escape to the city about
three O'Clock in the afternoon, and the result was
that the bulletins oil every evening newspaper
office made an announcement OF the escape Of
Tweed. The last editions contained a few lines
giving the supposed TACT, ana "extras" followed
relating the details OF the light AS the afternoon
glided into evening the excitement over this news
was intense 1t was the topic Of the sidewalks and
the cars, and, strange to say, feeling regret at
the escape OF the ex-Boss was seldom heard. The
popular feeling that the twelve months i'm
really escaped it was a matter OF rejoicing rather
TWEED AT THB PENTRNTIARY.
reporter Of the HERALD called upon warden
Lscomp at Blackwelps Island Penitentiary to as
certain the truth alsity OF all these rumors ant
current gossip, and to md beyond DOUBT the real
whereabouts Of the great convict The reporter
crossed by means OF the steam launch, ana OBJ
served no unusual marx OF excitement In the Peni-
tentiary. Affairs were orderly and gong ON IN the
usual way. On proceeding to the office OF the
prison, situated In the central pavilion, IN which
Tweed's room Is also located, IL was found that
Warden Lscomb was not on the Island, nor tine
Deputy Warden. Both were stated TO be IN New
York by the OLD CLERK, who has been for so many
years In his present position Wnen tod the re-
porfer's mission was TO find out whether Mr..
Tweed had crossed the river the evening before,
as stated, the old gentleman said that the report
must necessarily have been untrue as he had him
sell seen Tweed in the morning st seven O'Clock,
and had enjoyed two mnutes' conversation with
him. He was certain, the ereiOre, that Tweed had
not left the prison the night before.
WHAT rwEED's GUARDIAN Saw
The reporter saw the hall man, who guards
Tweed's room and opens 1t IN the morning and
closes IL at night. He stated that he locked the
door OF Tweeds room on Tuesday night as usual,
and saw that the prisoner was inside at the time.
He opened Tweed's prison IN the morning at seven
O'Clock and again saw that the prisoner was In
Ae uositiVe that Tweed had not left the