The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13
UNITED STATES DISTRICT COURT.
The Habeas Corpus Case Of Joab Lave
romeo.

The Habeas Corpus Case Of Joab Lave
renee.
The argument on the return Of the writ Of habeas
corpus in the Of Joab Lawrence place yeser
day before Judge Blatchford Mr. W. o. Bartlett and
Mr.. willard Bartlett appeared for the defendant and
Mr.. B. K. Phelps District Attorney, for the City and
County of New York. and Mr.. Bookstaver represented
the Sheriff Of this city. who claims hold Lawrence by
virtue of . warrant Of extradion issued by Governor
DIX upon the requisition Of the Of Michigan
It Is charged against Lawrence that fugitive from
the justice of the State OF Michigan, where is alleged
he has been guilty OF certain frauds In connection with
mining operations
M W. o. Bartlett traversed the return to the writ.
The return states that the Sheriff holds by
the Of Governor Dixs warrant of extradinon issued
upon the demand Of the Governor of Michigan. Mr..
Phelps demurred to the traverse.
M Bartlett In the of his argument, commended
that the adavit upon which the proceeding had been
instituted entirely and fatally defective, inasmuch
1t set forth that Lawrence had fed from the justice Of
the State Of Michigan when should be stated that he
ae Il. Of s snas hs ana s Mss
detective because not explicit and really good for
n Phelps IN reply held that the papers the case
W FL the on e a as
crime as to which the defendant alleged to be ius
that he ugitive from Michigan that abundant
the Of ne
learned friend had objected that there being ndict
.gon the Executive Of this state, consisted Of an
v s issued On that SomPislnt ana the
n,sn,gsn issued his requisision He Ont Phepa sub.
s h ;. fact ne TSs %
quite S ns
s S SO n &c 0 d G se warrant
rye mat e. hs set an
g an offence and panshsSie seemed 70 him
Sa s ss to e ae1s @ 70 ssn s
spracy and it was asked to send him back; but his
e e
5 ss S Of ether IT 5
the person charged had committed offences that he
calling his cxtraduon proper papers. Then
was OT the Court to say i the statute was complied
charged with what By the law of Michsai was an
offence and whether proper papers tor his extraditon
n: bartlett. in closing the argument, said that
state the Governor Of another State for the
being So the circumstances should be inquired into.
not stated y the sindavit il did not exist Governor
ton Of extradtien where i was probable that the
cnsse P %sas MAS fsse or ina r If tho
argument and s G&sdI the
ho had read all marked.
The Judge then took the papers reserved his dec
koD.
Powers OF the United states Marshal In
Involuntary Bankruptcy Proceed
tngs.
question has come before the Court involving the
powers of United States marshals in involuntary bank
rupcy matters. appears that after bankruptcy pro-
ceedings had been sued out against Howes Macy Of
wan street. their assets handed over to M Day
ton, the Register who refused to give them to Marshal
Fisk OF this district the Marshal claiming that
under the law he the proper and legal CHS.
todian OF them. The Marshal obtained an order
calling upon the Register to show why the asset
in question should not be turned to him Uhe Mar
sha And upon the argument of this point Judge Batch
assets to the Marshal holding that in proceedings
in Involuntary bankruptcy suits, the Marshal the
proper custodian of them In with this order
fhe MARSHAL We serday TOOK posse the assets