The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-09
Leases In the Old Jefferson Market Court
House Building.
A WIFE'S BILL FOR DRY GOODS
Morgan Jones' Plumbing
Bill.

Before Judge Benedict OF the CRIMINAL Drancn
OF the United States Circuit Court, yesterday,
was commenced the trial OF william Augustus
Meyer Tor felonous assault shipooard. He
was a sailor on the American ship John Sherwood,
and on January 4. off Cape Clear, becoming in
VOWED in quarrel win the colored steward,
Isaac Stewart, beat him. from the effects OF which
he died az Queenstown. The prisoner was extra
lifted and brought here for trial. The trial will
be resumed this forenoon.
Patrick Rooney and John Buckhout. on February
l. 1t IS alleged, testified falsely before Commits
noner Shields, under the names o. Patrick Farrell
aud Thomas A. Groome, protesting to own real
estate in Brooklyn in the names OF the per-
Bons they persona ed. The bonds they gave were
for John II. Mckinley. a bankrupE. Tney were In
dicted at the time. ana are now awaiting trial on
the charge OF gvng straw bail aad perjury.
Thomas Radcliffe was arrested by Deputy Marshal
Crowley yesterday on the charge OF procuring
the above parties TO oner this straw bail. The
latter was. IN default OF $1,000 bail, committed
for trial accessory.
Mrs. Pinckney thinks tnat her property has been
Assessed for too large sum Tor the construction
OF sewers IN Sixth, Seventh and ST. Nicholas ave-
nues, from 10th TO ll6tn street To have the
matter legally adjusted sne has brought an action
against the Mayor and Board for the Revision or
AssessIne nts to prevent the confirmation oil the
assessment. A temporary injunction was OBJ
.alned this effect, and the was argued yes
terday in Supreme Court, Chambers, before Judge
Barrett, with a view to determine whether the
injunction should Goa inue. According to the
staten mt on behalf OF Mrs. PInckney. that the
building OF these sewers was let by private con-
tract 10 Thomas r. Cummins, and tnat the charge
per iooC was $1 so, whereas only S. 20 per loot
was charged Tor laying the same IN Seventh ave.
nue. from l2lst TO l35ln street, the city admits all
The Lacts, but claims that the Commissioner OF
Public Works Is authorized to have the work done
by private contract. Decision was reserved
THE DANA HABEAS CORPUS
Tie argument on the habeas corpus case or The
Government VS.. Charles a. Dana for contempt in
not complying with q subpoena issued out OF the
Supreme Court OF the District OF Columbia was
had yesterday, before Judge Blatcalord, oil the
United states Circuit Court, Messrs. Bartlett APP
pear ng Tor Mr.. Dana and District Attorney Bliss
Tor the government
Mr. Bartlett, IN opening the argument, called
special attention to a 1aw In the subpoena,
where he is summoned 10 appear as witness In
the snyder case on me the 29tn OF March merely.
The year is omitted, ana therefore Mr.. Dana
should be discharged. This subpoena, therefore,
means that Dir. Dana snall appear on such
Roth oil March as he snail select,
and ne prefers that 1t be the 29tn OF
March following the 4th or March, when
the next President OF the United states is iuaugu-
rated. Taen ne may be accompanied by the
PresdeDt-elect. He argued that the District OF
Columbia, being Territory or The United STATES,
the Supreme Court or the District in Ahe admins
tration OF its municipal laws, is merely terri
torlal court, and territorial courts are not courts
OF the Unte cd states within the anng OF section
$40 OF tie Revised Statutes OF the United States.
The only authority ever xercsed by courts oil the
Unted States TO send surp9nas out OF their dis
Ircts was derived from said section $40, which is
IS fellows :-"subp9nas Tor witnesses VINO arere-
CURED TO attend c urt OF tae United states IN
any district NAV run into any other distrlct-pro-
Vided That In civil causes tue witnesses living
out oil the district IN whIca tue Court IS held do
the place OF holding fns same.n Ne contend,
said counsel. that tnis section does not apply TO
the supreme Court OF the District OF Columbia
sitting as a municipal territorial court To be
sure, the Suf rene Court OF the District OF Coium-
bla possesses all tue powers oI a circuit Court or
the Cnitea states, and It's judges may hold Dig
trict Court OF the United States; but no Circuit
Court OF the United states or District Court oil
the United states. sucn, mas any authority, de-
lved rom any source Whatever, 10 issue war
fant Tor party Or subpoena Tor witness, In
criminal proceeding arising unuer mere NUM-
apal law: so tue supreme Court OF the District OF
Columbia has no authority, under Us powers as
Dlrcult District COIrt ~ the United states. to
send a warrant or subpoena INTO the state Oh New
Yorg case Of conspiracy or Larceny
local government OIL the District only. Toe
Supreme Court OF the District OF Columbia,
sitting " duAhluNtTi totdl INV 4uAtS NtutAGuA
non cue c1nstltuuona courts OF the united
States posses ing authority unuer section so OF
tue Revised statutes 20 sehd SuOpBua- out o. tue
Dlsttlct; out y " should De heid, Wnen sitting IN
thls limited ana local capacity. 70 De surety
court u the United STATES. then the limitation as
20 tue distance hpIn winch witnesses may ne
called upon 70 attehn IN ciFil causes mas oeeu DY
tuoseQueht act appneu 70 Witnesses IN criminal
cases Counsel N dc az exhaustive argument as
10 compulsory processes IN criminal cases, mann
tanning that any festilcuot Whch nave Oeen I'M
posed upon the exercise 81 this right OF Tue ac-
cuseu 10 CONT usOrY process Tor witnesses must,
By necessary CONSTRUCTION, II tue constitution tsto
ne maintained, DC held 70 ne imposed also on
inc prosecution. IN 1870 Congress passed
an act limiting Tue rl1ht OF the
accused 70 nave compulsory processes IOf
witnesses, Oy PROVISION that IL snall apply 20
witnesses residing IN tue 1istrlct OF WITHIN 100
miles Oi the place OF lFai. Ihe thlru point raised
bt Mr. Barnett was That the Waf1ant ~ uncOn-u-