The New York herald., 1875-11-24
THE GOVERNORS CANAL COMMITS
SION.

WRIT OF ERROR GRANTED IN THE CASE OF
PEALs-THE REVERSAL OF JUDGE LEARNED's
ORDER TO BE REVIEWED.
ALBANY, N. T., Nov, %, 1875
The attorneys for Henry D. Denison in the proceed
ngs for contempt against him by Governor Tilden's
Canal Investigating Commission have hled notice Of
appeal to the Court Appeals from the decision
of Judge James the General Term reversing Judge
Learneds decision and directing surrender OF the
prisoner the custody Of the Sheriff Accompanying
the notice the petition OF Denison which writ
of error has granted and also the writ of
and undertaking by II. ID. Denison James J. Belden
and A Caldwell Belden, securing the people against
any that may be sustained by tho appeal each
justifyng in the sum of $500. The following is the
petition:-
To Judges Of the Court Of Appeals or State OF
New York. 20 Of the Judges Of the Supreme Court
Your petitioner Henry d. Denison, would respectfully
day ofJu 1875 he arrested taken into custody by
warrant signed BY John Bigelow d. Magone 4 l. Orr,
under and by virtue Of resolution passed BY the
Legislature Of the state Of New York on the 3s day Of
ssp ppon The alleged ground that said Denison has COM
mted Contempt in not producing his books and papers
before said commission in obedience the command Of
heretofore served said Ds9iSon, am, sad
believing
that the said commission had legal existence and had
legal power TO punish any person whatsoever Tor contempt
supreme Court residing Albany writ OF habeas
having PRODUCED petitioner before said justice and SaT
ing made due that he held petitioner by virtue
having thercupOn moved the said justice that he be
ON she 18Th dag Of Juy & make his order dsehans
your petitioner from such stody and the said sheriff feel
S S srT Of e csS @
for having
had in said General Term such that the
the said William Learned ec reversed and The prisoner
De9ison sSIrsndeEed 70 the shern o. 4Sany seun,y md
said county Of Albany and petitioner desiring review
the Appeals would respectfully pray that writ Of
General Term Of the Third Judicial District oi the state
OF New York 20 return into the Court Appeals ths record
the Court OF Appeals
And your petitioner viii ever pray, se nrv,sov
In accordance with the petition the writ has been
granted as follows and filed in connection with the
notice and petition:-
Supreme Court q the Third Judicial district q the State q
New noTs M "a N sne record ano
certain adjudication and determination heretofore given by
Court q the state o New York. At the city Of Albany u
seb. Hsn,r Depisop wse Snd %
termination that the same Henry D. Denson be dis
also in the making Of dna determination by upon tne
writ Of esrorar esoagh, BY the people 70 eST ;d
l. Learned, whereby you reversed the said adjudica
tion and determin alton and remanded the said Henry
d. Denson into the custody Of Albert Gallup, Sheriff Of
Albany county Manifest hath nteryened and i Is
said the damage Of the people of the State Of New
York and the said Henry y Denson, as they complain,
rected and full and speedy Justice done In the premises do
command that without delay you distinctly and openly
send under seal the record aud proceedings aforesaid
With all the things touching she Judge Of our
Court of Appeals in the city Of Albany forthwith the
service Of this writ that the record proceedings and order Of
Judgment aforesaid being Inspected, we may to be
done herepon for correcting that error whatever Of right
ought so be done,
WrHEssThe Hon Sanford s. Church. Chief Judge Of our
Court Of Appeals at the city Of Albany this I'D day OF No.
vcmber, 1875. j. ;. PERRIN,
Clar Con Of