The New York herald., 1875-09-21
TIE COURTS.
The Barre Bank RObbery---MOtiOn for
Writ of CertiOrari.
JUDGE LAWRENCE GRANTS THE WRIT
A "Reminiscences Of the Schil.
Ter Disaster.

George 4. Miles, whose has recently figured
rather prominently in the courts In connection with
Efforts made TO absove him from any connection with
the robbng Of the Barre Bank, in Vermont, in July
last charge upon which he has been arrested and his
extradition sought to Vermont to answer the charge
has evidently abundant friends, some one who fur
nshes the money for him with which to employ coun-
sell In the hearing of the caseset down for yester-
day. before Judge Loew, holding Special Term of the
Court of Common Pleashe represented by no less
than three counsel while District Attorney Phelps and
Mr. William Allen Butler appeared in opposition. The
purpose Of the hearing to dispose of the applica-
ton to accept ball. and to grant the prisoner writ OF
Certiorar and to have Judge Donohues rulings in Su-
preme Court Chambers, the habeas corpus proceed
ings reviewed by the Supreme Court General Term
Mr.. Chant, on behalf OF the prisoner requested the
Court the unavoidable absence OF the senior coun
sci, Mr. John N. Beach and Mr.. John L. Hill both OF
whom held that the certiorar should bo granted
bail taken under the act 1878 to adjourn the
Thursday.
Mr. Butler urged that the notice Of cerorari having
been given another court could take action pending
it and the Common Pleas had jurisdiction. If Judge
Loew granted habeas corpus the decision might
be appealed and ad inAnitum The so
plain that he opposed any adjournment
Mr. Grant argued that serving notice Of certorar did
not remove the lease to the Supreme Court, General
Term
After some further argument the District Attorney
consented to an adjournment until two p. NJ, but it
was an hour later before the case was reached.
Judge Loew said that he understood the question
before MN TO be one OF Jurisdiction, and he then
planned the preliminary steps in the case heretofore
given in the HERALD
Mr. Butler insisted that writ could bo given
in this Court and that the only one who could grant
would be the one dismissng the original writ.
Mr. Hill contended that they simply seeking
additional remedy allowed by statute The question
for the Court to determine the OF the deten
tion of the prisoner They had right to raise the
whole question The whole proceeding before Judge
Donohue had nothing to do with the present proceed
ing.
Mr. Butler thought differently and was giving his
view of the line of argument that Mr. Hill should take
when the latter interrupted him and insisted making
his own argument
Judge Loew said that he had doubt Of his right to
grant the WRIT provided it was not adjudication.
Mr. Hill proceeded to cite authorities this point,
and Mr. Butler just entered on his reply when Mr.
Hill stated that had just been informed that Judge
Lawrence had granted writ of certiorar in the case,
which would take II to the General Term.
Judge Loew asked If they wished TO withdraw their
application.
Mr. Hill said he should not withdraw his petition.
Mr. Butler said he did not see how the two proceed
ings could be continued before two judges.
Mr. Hill insisted that the Court should act upon the
record
Juoge Loew considered it his duty under the crcum-
stances, TO dismiss the writ
Miles was present during the proceedings, together
with his wife and their infant child girl some three
years old and dressed in the extreme of juvenile fash
ion His wife who both young and possessed Of un-
usual personal beauty, dressed in black being APP
parently in mourning The prisoner, who is not over
thirty, plainly dressed in dark clothes, has
but an and expression betokenng great frmness Of
character He listened to the argument with apparent
interest," but evnced apparently very great
as to the result, until the announcement Of the writ
asked for having been granted by Judge Lawrence
Immediately the dismissal OF the writ ne taken
from the room.