New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-05-27
PRIVILEGES OF THE PRESS.
ARGUMENT IN THE sIIANKS CONTEMPT

CASE.
A REVIEW OF THE PRoCEBpINGs-fhk AfPHAiS
..ou THE DECISIONS OF JUDGES FANCIiER AND
Japan
W. = G.. Shanks City Editor of TIIE TRIBUNE,
was summoned before the Grand Jury of Kings
County and asked who wrote a certain editoriM
article IN THR TRIBUNE. He declined to give the
name of the writer, and on motion OF winchester
Rrtton then District-Attorney of Kings County, he
WAS committed to the Kings County Jail for con-
tempt. On the following day Mr.. Shanks was brought
10 New-York in custody of deputy sheriff to tes-
tfy in the case of Edward S. Stokes, then on triai
for the killing of James Fisk, jr. Henry l.. Clinton
and G. A. Runkle applied to Judge Fancher ior
writ of habeas corpus. This was granted Ai'ei
protracted hearing, Judge Fancher dischargeu MI
Shanks on the ground that the commitments ""'
void ON it's face. Subsequently MI ohanAs y" 10
half NJ Tur TRIBUNE, made several charges peIore
the Governor against Mr. Britton for his CONDUCT
in this case, in which he was accused OF IaisnS
i,p the Sherif7s return. The Governor appoihteu
Judge Sper Commissioner to take the testimony
IN relation to these and other charges Alter uuso
Sner made his report to the Governor counsel were
heard in support of the charges and In defense OF
Mr.. Britton. On Feb. 90 the Governor rendered his
decision. removing Mr.. Britton from office. Inc
case 81 far as related to the charges against mr'
Britton preferred by THE TRIBUNE, were prose
cuted by Messrs. Clinton and Runkle. "mie
the case was pending before the Governor
MIR Britton caused appeal from Judge ran
chers decision Hberating Mr.. Shanks TO be taken 10
the General Term of the Supreme Court. Inc APP
neal came on in March last. and was argued by Mr.
Britton on the part of the relator. Mr. CLINTON was
engaged in the trial of the celebrated koiiwageh
will case and as this occupied several months, he
asked and obtained leave to submit his argument
% linda
MAY Term. The argument was submitted yesterday
by Mr.. Clinton to the General Term OF the supreme
Court aud decision was reserved.
Meanwhile another phase of the case has attracted
attention in Brooklyn. Judge McCue went before
the Kings County Grand Jury TO procure the
Indictment of the editor Of THE TRIBUNE, and the
writer of the article which the alleged libel was
based. Mr. Shanks summoned before the Grand
Jury and refused to tell who was the writer OF the
article as has already been stated, was imprisoned,
and released on writ of habeas corpus of Judge
Faucher. The Grand Jury of Kings County in-
dicted the editor of THE TRIBUNE The libel suit
was transferred to this county. Judge McCue then
brought civil sult for 100000 against HE
TRIBUNE, and this is pending. In this proceed
ing another attempt was made to obtain Mr..
Shanks's deposition to the authorship OF the ar
ticle in question. c. A. Runlde, on behalf of Mr..
Shauks, made motion to yaeate the order requir-
ing him to give such deposition before the referee
10 whom the case was referred. Judge Tappan
denied the motion. Al appeal was taken to
the General Term, which has recently affirmed
Judge Tappans decision. The prosecution moved
that MI Shanks be committed for contempt in
refusing 10 answer the questions before the referee
That motion has not been argued. 1t was TO have
been brought before Judge Barnard, but the matter
has been adjourned by agreement to await the de-
cison Of the General Term. The case is now ON the
calendar for june TO be tried on Its merits. The
argument submitted yesterday by MeSsIs Clinton
and Runkle viii be found below