New-York tribune., 1874-11-18
THE COURTS.
THE IMMUNITIEs OF THE BENCH.

THE IMMUNITIES OF THE BENCH.
FALSE IMPRISONMENT SUIT AGAINST JUDGE bhNh-
pIcr-AN INTERESTING ARGUMENT.
A long argument was made before Judge
Van Brunt, In the Special Term OF tne oupre"e 80
Yesterday. in the OF Edward bango assi"'' e
Benedict OF the United States Circuit Cour. Ior aeo
.,ss imnr,sonmen,. with a claim OF $4,000 damages
The matter came up on the demurrer nterposed py the
defendant 70 Langes complaint, and the foowinR HIS
torv of the origin OF the suit will permit clear COM
prehension Of the points at issue:
Iauee was indicted in 1873 for unlawfuiy appropri
ating for his lot OF comparatively wor'niess
limited states mail bags. and in November last was con
oted In the United States Circuit Court the jury how
aver placing the value OF the bags at less than s2o ana
making the odense a simple msdemeanor, the PUNISH
Al ent OF which s under the statute, hne OF no. ess
than $40, nor more than 300. or imprisonment ior
term not exceeding one year. Judge beheu'o' sen'
senced LANCE however, TO both fine ana imprisonment
liking the former s2oO aud the latter al year-ne
M ximum PENALTY In both cases The hne was pro~P'S
faid, aud Lange was imprisoned
Lange's counsel sued out writ OF haoeas corpus
fsctsof the case, and Judge Beneoc oeore
Nhom the writ returnable, vacated us own ocn-
nce and then against the protest OF Lange and his
counsel resentenced Lange TO years imprlsoninen',
zemitt4ng the hne. Another writ was then taken ous
Aud argued before the Supreme Court OF the united
States by which the second sentencewas adudeeo W oo
cold and an order issued for the discharge Of Lange
who had mean W hile been lying In prison. Ihe con-
yicted man now assumed the offensive by bringing
Sut in the Supreme Court Of the State against Judge
Benedict The complaint drawn in sccordancewith
an agreement between the various counsel-Messrs'
,rnoux Ritch and woodford being the attorneys for
Aauge. and Messrs. Tracy Cathn ana Brouneau Iepo ~
.ase and demurrer nterposed that the complaint
did not state facts sufficient to constitute -
action; in other words admitting seaeu
So complaint TO be tiue no right to sue the
Tho nroTiren, On the demurrer was made yesterday
by Gen. Tracy for Judge Benedict and Dit. Arnouh too
Sanr1s Of record had always been protected by the
courts any actions tnat might he broueht agauss
Committed i'm pronouncing their Judgments and this
humanity was cOmplee that sult cOuiu MOI pS
1Jntained even though malice and corruption could
~, shown: and this inmuuty. Gen. Tracv argued. was
ciue to proper administration OF justice the wiVns
Sustained by the pamuf being less than tne INJURY t @
would result to the administration OF justice IL So,
wary view should prevail me Ianons case @ prder m
VIM Penn arrested aud taken before t9e hecO.uo % M
o ondon for street prcaeGing was cited Inc Jury po
<lted Penn notwithstanding the charge o, taI pnD 1
Corder, who hereupou hdcd them and ~ ona h
refusing pay tue nne Beng discharged on ma
beas corpus Penn sued the Recorder Ior Iaise t
pIent Out the Court decided tDat lne ~ VI
such an would be more suDverslvtOf Justice man
the Illegal act OF tue Recorder Gen. Tracy SAID nnaly
sat The orIgual sentence was valid aud still in force
That IL covered fine count In the indictment,
imprisonment for another count; that the payment OF
the line was isegal.y made the Clerk without any
ru and that the decision OF the supreme court VI ,no
Uuled States was based ON an error IN assuming 'na'
Nj Arnoux's al gunent bristed with citations showing
fh in OF hmed jurisdiction the justice was not
projected when he exceeded his Jurisdiction Ii was 10
Ie glory of the Judiciary that judge in America and
ouy one England had ever been successfully sued
The hole question in the turned upon the Illegal
fect of the second sentence The Supreme Court dr-
s,lared that when the first Judgment was pronounced
ana had executed power OF the court that SEN
Tencrd MIR Lspge was ended and therefore the counsel
cuntrnded that the second sentence was wholly without
Jurisdiction and void that the hrst sent nee, altnOugn
illegal was valid until reversed or vacated. and that
iuaue he case Re order parallel case; but the
second sentence Wnoy eOrdni non Judice, ana al
forded no protection whatever to tue Court In any
respect.
Ton the demurrer.