New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-08-26
THE COURTS.

THE DEPUTY CONTROLLERS ASSArIIANT.
ARGUMENT UPON THE MOTION FOR THE DISCHARGE
OF JAMES A. DUyFY-THR POWERS OF The WRIT
OF HABxAs coRpus-REMARKs OF JUDGE DAN
IEIS ON THE EFFECT OF THE TWEED DECISION.
James A. Duffy, indicted for an assault on
Deputy Controller Earle, with intent to iIue him. WINS
convicted IN the Court OF General Sessions OF an attempt
at such an assault After the verdict ana pciore
his counsel moved for q stay of proceedings on inc
ground that no then insane. The Recorder dfre-
earded this motion. and sentenced him. His counsel
A. II. Purdy, moved by writ Of habeas corpus 70
discharge Duffy, ON the ground that tho verdict
was void being for crime not mentioned LII the lndct-
men and the sentence was void as Delng on man pre-
smay insane since the Court refused the request Oh an
inquiry into his sanity. The matter was argued before
yudge Daniels and has been decided by him. the main
question being whether under the Tweed decision 1t was
his duty inquire into the legality OF Duhys sentence
Judge Daniels remands Duffy to prison, holding that no
such duty rested upon him.
In his opinion after q statement OF the case Judge
Daniels holds that while ii is true that In the Tweed case
the Court Of Appeals did hold that the power OF court
of criminal Jurisdiction to pronounce the judgment rem
dered could be inquired into habeas corpus ana the
decision then made must accepted the lew OF that
case it cannot be true that the Court intended to decide
that the power TO render Judgments In all criminal cases
could be Investigated by the means OF this writ Whch
decisions made which courts have no r1ght 10
make although at the time the reasons TOT tei may aP
rear to be clear and satisfactory, they are strictly con-
sdcrcd without authority and when properly reversed
that will invaatc the proceedings But 1t has not been
the policy systems of law to allow that to be done
by means of the writ Of habeas corpus Ana cond hot
be safely done the execution OF any rational code vi
criminal laws n it could then 1t would not be uncoin-
mon to find the decisions OF courts heh 10 DC uhau'noi
lied upon writs of habeas corpus and the prisoner us
charged from lawful Imprisonment where, upon rnr'her
,,t,lft
regular. ,
The reversal OF such decisions habeas corpus womb
form no protection the public. The persons SET al ND
orty under them would rarely be conslderaie OF pupc
interests return to the custody from WHICH 'ney ""
been unlaw fully discharged The exercise OF snch au
hority would be fraught with the greatest posSp'e u
ger 10 the public safety. Under 1t single county luuse
could discharge every prisoner from either prison. OF P
ontiary OF the State on the mistaken luea -, Spe
Ifec xas fo1ud in the power OF the courts 10 pro
nounc their judgments. To certain extent the power
Of deeTnins me eG9 OF , trb1pa even those OF tie
most Inferior nature. But the liberation OF Oheh'r
from custody is allowed 10 follow as co7c9 nee Oh
the decisions which MAY 9e '! nysoteciei and te
been sOlemnly guarded ai " ,i,,o
mi nntlrr less than that. To promote ana secIre
thai end and at the same time 70 a'o9 uep. ,,e
accused of any Of his rights, the law nas
provided That convictions by competent criminal criminal
courts shall only be Ieyersrd by n.an' AccoripgS
persons convicted of criminal cfenses are secuen inc
benefit OF the writ OF error which an may puodv "s
,v trial NAV he ordered the prisoner usrhar-ed
That is the orderly mode provided for me cofecii,no
error, in criminal cases, protecting both the accused anu
vs. he u,an object Of the law to confne convicted
criminals 10 this course Of proceedings Tor 't ic :"
an errors intervening ia the.r tlla ana Hc.ei i
%ey plainly appeared from the restraints IMPOSED un9h
tbcyies which may lawfully be made OF the VIII me
CONSTITUTION left this within the resua'e powers Vi inc
70 J~sus The extent to and the modes in which the
wit , Inc used has always been deemed an appropri-
atc sui1ct OF gisiatiJn. BY Il II hs bcch ifuNuco III
terms a. plain any when cuulu oc scit. t'"' ~
,rent M any competent tribunal OF criminal uis'tl"'
or by virtnc OF any execution issued upon suc Jua
shall noi he entitled Ia prosecute the VIII OF ha"s
ccrpls IL il not valid or lawfnl Judsineht Which
vrrirpnts an appeal TO the writ OF haDeas cor
ma hrt the Judgment OF court OF coupettni
iiri ,dictiou The Judgment Itself may be nn-
authorized. brt, - Ions as cohleiJn toa - roI no
writ Other provisions Of the statute eniphail" tis
ruc by forddng this writ AL inquiry mo either tIc
Justice or LEGALITY the ud -ncnt The question whether
canned he in this way Investigated, uness lnf oHcer
hearing the case willing to So lar forget us duiy - to
disregard the laws IL has been rchd.re DIS soen uu'
to observe and administer T.. A.. 49,
ute n cxpross what should not DC done on aDcas cor
pus the motive being TO prevent t4e WIN nom puhs
converted into means OF cndaneerln< the community.
If judgments cond be dsrcgarded because thex nlgm
be considered unauthorized and persons held haie To
punishment for crimes by means oil them De sci ~ ~
crv il Is very apparent that the pest iheftst o tht
tat may he eudans by the ndugen usc OF the VIII
by any officer empowered 10 allow IL
The writ guarded in criminal than in ciyi' cases
The law provides complete system for the iui pOiec-
ton of persons Imprisoned by courts OF competent rs
ction but that il not by hdbeas corpus, but by VIII Ol
error -, -
net he considered and Judge Daniels remands him, bat
With leave the writ for tie purpose Of being ad
United to bail pending bis regular appeal