New-York tribune., 1874-12-03
Mr.. PHELPS MOVES TO OrlsH.

Mr.. Phelps-I have received nO-cs cf a writ
Of habeas corpus issued upon the peutla1 OF Wi.um
L. Tweed made Re- Grnab.e before th G. -, ., loru.
ing and am here in response to that wiz. Ilef. %
say that the learned counsel who were associated VIII
me in tue trial of this ca-c are nel of ,. present.
| had expected lie assistance of .lr E.',.Jm tbs
morning bu he wen; 10 Albany tie Co--. o, Appeals
before the vrit VAS served, aGd IN .1.r- ia -
las rot returned from Tat cou.t. Itlla. 20 -. oll
the hearing. but / would not like % - ol DO DIS aJ-
sence. [ am IN the hands Of the Court, however.
would say before presenting return 90 tAs wrt iaat
desire heard on motion 20 GuIsh H. x Ae CONS
see ht, and l 90 on with that motion row. lIa
motion is based on two grOuuds-frs tie a irt tpou
wA.ch this writ vas granted Is NOT Ti.ei. Pursuant 10
the statutes and does 10. eat.tic tie Da-, 90 tae
bencat Of the witt and that IS not I.,c tccnac Al
objection as might a. first appear L tAef az rS "a
the petition tie yCrlcailo1 wold tr -."I''a',
because facts are always true, but m u'l
NOT assume ID any o. verify 'Ie .'-t''. 100 iAs
petition submit that that i impor.i"' cad e %
petitioner required 10 negative IN A.' a '-.pA 'r
Ststiite one OF tnc~e nirrcuiars o. rh't u mast 90
cCed IN the urtou tnIt che prisoner a. I.p detained
by virtue OF ina iudgmcnt or decree 100 f'lnal or
competent Jurisdiction There J. AZ al .ti"t ~ ,hAs
m r1e MENTION but Il Not yerii'.. A'd mat brings
me 10 The second ground uf thr mou.n go Git-h mo
petition or the papers accompan} ns B., t"ei, yes M"
That the prisoner Lot entitled upon h- "r to -
cr1rge from custody, aud The Writ N's improperly
issed therefore and should be qulshed U - noe lccrS-
s9ry for me 10 cl your Honor attention CD tc satI -
1rhi, 81 O ll- r5cec,.,ng l TN, s-... Tg,y
very ,lmple v.ry rccr. ana tUcre Is 30 -i'i hns
rney are very familiar 10 YOUR H,".r I.e 2-t
s9ciIon OF th.t act describes the pr'3nS WlD
SHALL not be emitted 10 prosecute The ".i.-gers ~
committed or detiucd by yrtdc OF ina JIi -nrot 'r
decree OF competent tribunal Of civi or c'ndi lu'-
Gct!on. By the 20 "a scc,lJn n J. 50 COY" Al. -
must be an ALLEGATION under oath ;h1t the 'i'hcr q.
moi committed dcCained by virtue % @"' rf'css Ot
Judgment b" decrrc, As specified IN the pa. nS Sec
non that he Il by virtue of ans had sment
or competent tribunal OF crimina! or civil l.i hciioh
lie language % tl- statute Is not 'fF h" 'iihed ny
I
lie Is not detained by virtue Of ary J1i-wonn II lny
competent tribunal Of criminal Jif'siic 'n. lie I'm
section a. usrl ug the meaning, >aF- Is me dnfy
of the court officer ThOm th" ~rt /. r'ufi'r i1rth'
with remand su'h psisoaer II Get'I"ca D.. t''ooy oy
lt,y decree lSc nud make IL beyond petdvcnture
what the Legislature meant, y u '"y hec'-.
sary TO call attention t" Sections 81
Il II aupear the return that the PRISONER L. In Gus
.0GS 1a 'y proner can oniy be discharged a., follows
where the Court has Exceeded its jar sIttoA as 10
fime or place. some other mnnnef." rrn comes
he 4lf secton 'No OH ser shil nave power
to inquire tie legality or justice oI any Jecre or
Judgment specified IN the preceding s',,'o" - piS
what he has gOt ascertain t. y t lul-h'ut ~ de.
cree Of a compent tribunal OF crimn Jirscti0hf ~
so he cannot inquire INTO the l'0dlty or JH",e' nus
must disui-s the writ ana remand the pr,on"r Ilo
construction 10 De clear on It's I'c t'dt 20
would hardly seem that question could De rtsei upon
II. but X has been adudlCdled 10 two care B co1sid-
cred and 10 thcsc TWO onlt wiz vdi " a'n-
tion-The People agt. kivanaugh. Just decided ~ tao
WestbrooK in the matter Of W. r. e. Sa%Hh'' IN haNa-
naugns case principal question Ihat vas Raised vas
1yhefher a Court OF Oyer aud Lermiher OF Kings
County could sentence 4, Lan 10 tue
gstrate no ISSUED the writ To inquire the cause
~ MA drention and ceruOrari ~ the neral Term
Ihs action was reversed. and It was htid tnat tho
urisoner should been remanded. In tue ease Of
MIR shanks hold IA my hand copy ~ the manuscripG
opiuon of eJut 10 whom presented tins ques-
tu. The prisoner had been committed he Court Of
over asd Ternlner of hIags County for cOutenpt
fuSIng ~ answer question put 10 him by the Grand
Jury. The soutDi s.cst for uniEiitCd time
uHIn he shsuld sHswer tso duostA0n He was brought
subsequently ~ TINS estg ez vr-, sf haneas corpus
1 m.
taken out and before Judge OF this
Court. Thai Justice Aed. the return a he wr haS
Toe eotaIni seycad ths Jurisdiction OF lhs
court, eecaHss s,Saia bees ntt-d ouS for
st1rty days. aAA senossUsae - MT united IN
sf ih~ es<sre tAs Grneral Term
crtisrari sTsoSsa deu ered 10y Justice
wcetsrosk and sasonSre< " ~ Jssttnes Davis and
Daut5@-. IN whsxh the sSssnsa q No ssurt below
reversed thc caoxsh asenk Aeta ~ Do legal ana
vahd Therefore submit, tAe flsts OF the petition
se that sufficient facts set fsth 10 show that tha
prisoner not entitled 10 tile discharge sought Tor "
lns wrlA Assuming tho veribcAuon " Do svoo