The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-09

statute requires before the same Judge could hold
hin 70 bail 70 appe r there Ia The paltry sum Of
from Your Honor. the sections | have quoted
ABOVE are safeguards 60 prevent the kidnapping
81 citizen. Both the constitution and tine law
are bris.ng all over with objections 10 the pro-
ceedlngs they nave taken as quilts upon the por-
MIR Bliss argued that this was lawful attach.
ment. properly served The warrant recites tnat
Court, be NJ Court OF general jurisdiction, the
recital OF the TACT that a contempt had
Attorney then reviewed tue acts creating tne
Court and giving 1t jurisdiction IN criminal cases.
Now, said he, tins Court being one OF general
jurisdiction, the recital, we claim in the warrant,
is conclusive evidence thar Mr.. Dana is IN con-
tempt ana that TINS Court cannot 20 back o. sucn
cases could run to oregon, ana that a witness Is
In contempt unless he complies; tnat ne limit Of
one hundred miles IS intended merely as the limit
Tor which the government VIII pay the expenses
or the witnesses That Court not only has the
power to subpoena witness at any distance, bat
also Will issue an attachment. IL has been done
otlen. He quoted 20 authority voss VS.. Laks,
Cranch. G. o., 33l, and numerous other rulings. to
establish The jurisdiction OF the Court and IFS power
20 compel the Attendance witnesses residing In
other districts He maintained that all legislation
had been directed towards giving the United
states courts power to bring witnesses on attach
men,s as well as 70 subpoena them, and that the
powers held by the Circuit and District courts OF
the United STATES He concluded by asserting that
there was no evidence to justify the Court IN dis
charging Mr.. Dana from the custody OF the Mar
shall.
Mr.. Bliss had been overruled by the Court oil APP
peals, and ali lawyers who keep up with the decis-
ions OF the Court KNOW this. For any warrant IN
q criminal process you must have an oath or afir-
nation. Tue warrant in this case is sent with
the paper IL is written upon. IL is IN violation OF
the constitution, and we, said ne, rest our case
upon the constitution and Inc late decisions OF the
Supreme court OF the United States which GER
tainly sustain the position we nave taken.n
The Court TOOK the papers and reserved It's de-
cisOn. In the meantime MR.. Dana was permitted
TO go on MS parole.
THE RAILROAD BOND FORGERIES.
In the trial in progress before Judge Sedgwick,
OF the superior Court, OF the suit brought oy the
National Trust Company against Roberts, Gleason
and Others the alleged forgers OF the Buffalo. New
YORK and Erie railroad and other railway bonds
put on tne market some eighteen months ago. the
further cross examination OF Mrs. Spencer Pettus
was continued yesterday and then the redirect ex-
animation resumed 10y Mr.. Hewitt. she devated IN
no particular from her story as given IN her
original testimony. An EFFORT evidently was made
to deprecate her ties imony by showing her an
impression oil seal reversed 1or the purpose
OF proving that she could not read even PLAIN
letters as testified In her direct examination she
having sated thas she read tne orlsiusi iorae
his assistance. on the redirect examination M.
Hewitt very dexerously removed the cloud oil
doubt by introducing IL ~ evidence Ior the pam.
tlr Tor wien shown TO the jury 1t was apparent
that none ol them could read IT,
Some eight or ten other witnesses were called
10 corroborate the testimony OF Spencer Pettus
and Omstead the engrayer. Among tnem was Mr..
William r. Burr, OF Moss Il Co.'s, Philadelphia.
statloners, who corr0Dorated Pettus as to
Gleason buying OF MN, IN the a ~ 1872, 500
sHeets OF bond papers, 10 be used for orged
ponds. Testimony was also given showing the
correctness OF Pettus' story as TO tue purchase OF
piece OF brass ny Gleason from ''Old Thompson"
the William street die slnker, which Pettus gave
10 OlmsIcad ana which was ound on the latter
when arrested. Among the otner impolta
points OF evidence adduced Tor the plainttn
TO corroborate ettus was the testimony
of Mr.. Hanna, OF lama Brothers. brokers,
OF this city VINO testified that a mau
calling himself Jonn Lee, IN October, 1872, de-
posted $500 with tnem with directions 10 pur-
chase two 81 900 bonds Of the Bufao, New York
ana Erie Railway COMPANY, when IN day or TWO
they did. and. a Pettus alleges. they were ue-
llvered 90 Roberts. The numbers oil these bonds
were 10 and II. In February 1918. q. Ralson. the
DEFENDANT who, as ~ alleged, passed the forged
bers mos. 10 and III through William NJ. White.
more K Co., brokers, on Broadway. The trial Will
be resumed this mornlng.