New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-11-24
.DENISON APPEALS.
THE FIGHT WITH THE CANAL COMMISSION GOES UP
TO TIE LAST COURT

THE FIGHT WITH THE CANAL COMMISSION GOES UP
TO TIE LAST COURT.
ALBANY, Nov. 23.-The attorneys for Henry
d. Denson in proceedings for contempt against HIM
by Gov Tilden's Canal Investigation Commission have
FLED notice Of appeal 10 the Court OF Appeals from the
recent decision Of Judge James at the General Tern re-
yersing Judge Iearneds decision aud directing the sur
render of the prisoner the custody of the Sheriff Ac
cofnpanyng the notice is the petition OF Dcnison on
which writ has been granted, aud also the writ
of error and undertaking by H. D. Dcnison James j. Bel
den and A. Caldwell Belden securing the people against
any costs that may be sustained by the appeal each jus
titying in the sum of $500. The following is the pe
ton:
To one Of he Judges Of he Court Of APpedts ofne ST. Of
Netc- iOrk or, ~
10 one Of de Judges Of the Supreme Court ~ same
Your petitioner, Henry u. Denison wonld respect
fully represent that whereas heretofore, on or about
tie l4h day Of July 1873, ne arrested and taken
into custody 10y Albert Gallup the sheriff o the County
Waeon@, 4. f. orr John d. Van Buren,. ir Commission
ers claiming authority under and by virtue OF concur
rent resolution passed the Legislature OF the state OF
NewYork on the 81 day Of March 1879 entitled Con-
current resolution authorizing the Governor TO appoint
Commission investigate canal affairs" upon tue al
legged ground that said Denison has committed con
tempt in not producing his books and papers before said
Commission in obedience to the command Of
subpoena issued by said Commission. and there
petitioner being advised and believing that the said
Commission had legal existence, and had no legal
cured from the Hon VIM l. Learned Judge Of The SUI
preme Court residing at Albany writ OF haheas corpus
and the same having been duly served aud the said
sheriff having produced your petitioner before said jus
flee and having made the return that lie held your pet
toner By virtue OF the warrant of SAID Commission afOre
said and your petitioner having thefcupOn moved the
said Justice that he be discharged from said custody the
said Justice did thcreupOD the 2S day OF July 1879,
make his order dschargng your petitioner from such
custody and the said sheriff, feeling agzneyed by
said order and determination, did theTeupOn pro
cure certiorar removing said proceeding into
the General Term OF the Supreme Court
for review and revision and such proceedings having
been had in said General Term, upon such certiorar
that upon 18th day Of November 1879 an order or
determination OF the sald VIM. L. Learned be reversed
and the prisoner DensOn surrendered to the Sheriff OF
Albany County said order having been duly entered
i'm the Clerks ONCE of said County of Albany and your
pettiOner desiring review Of the decision and detcrm
nation Of said General Term by the Court VI Appeals
would respectfully pray that writ OF error be allowed
10 issue requiring the Justices OF said General Term OF
the Third Judicial Department Of the state OF New York
to return into the Court OF Appeals the record and pro-
eeediDgs heretofore had In said General Term Ia the
Court OF Appeals And your petitioner will ever pray,
&c. HENRY ID DENlsoN'
In accordance with the petition The writ has been
granted under the signature Of j. Perrin, Deputy Clerk
of the Appeals and filed in connection with the
notice and petition.