The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-07-28
THE COURTS.
Citing the Decision in the Tweed
Case as a Precedent.
CHARGE OF RECEIVING STOLEN GOODS.
The Case of Annie Small Still Undergoing
Judicial Investigation.

In the case OF The ship Mary Chiffon, before
United States Commissioner Shields, the details
OF which nave been already fully set iorIh, the
mate, Hngh Lawson was held to await the action
or the Grand Jury. Several members OF the
crew OF the Mary Chiffon have been detained as
witnesses
Manuel Cortes charged. before United
Btates Commissioner Shields yesterday, with sell
Ing cigars not properly BOXED and stamped. He
was arrested at the corner Of Flty-sscond street
and Second avenue. The Commissioner held him
in $500 bail.
Application was made yesterday to Judge West
brook, in Supreme Court, Chambers. by Mr.. Will
IAN F. Kintzlng, Tor writs or habeas corpus and
certiorari In the case or Thomas Carmichael, con-
nned In the CITY Prison on charge OF perjury, he
having been indicted by the Grand Jury OF the
Court or General Sessions in May last and COM
mltted for trial. The wrlts were granted ana made
eeturnahle to-day.
Annie Smith and Ida Smith, charged with keep
Ing disordery house In Thirteenth street, were
yesterday brought before Judge WestorooK, In
Supreme Court Chambers. and application OF
Mr.. William +. Klntzlng their discharge was or
dered on giving 81, 900 bail each
In the suit OF George NJ. Flanders against COM
modore John ]. Gasson Tor alleged legal services,
Judge Spauldiug, alter a careful examination OF
the evidence and The law has decided in favor Of
the defendant Plaintiff alleged that the defend
ant agreed to pay him 5000 contingent for his tine
plalntif7s) success in getting the defendant re-
stored to his rights and privileges as retired Of
ncer In the navy with advance pay. This the de-
fendant denied, claiming that the paintlr had no
instrumentality whatever in securing mis- advance
pay that the law guaranteed him the same and
Tor any services the plalntifr had performed for
him he had paid him In full. The Court found for
the defendant, as above stated. EX-Attorney Gen.
eral Chatfeld appeared for the plalntin; ex-Judge
Curtis appeared for Glasson, the defendant.
TWEED'S CASE AS A PRECEDENT.
Aaron JACOBS WAS taken from Ludlow Street Jail
yesterday. before Judge Westbrook, IN Supreme
Court, Chambers, on haDeas corpus 1t appeared
that IN certain proceedings before the superior
Court he was adjudged guilty OF contempt. lie
was decreed TO have damaged the plaintiff TO the
extent OF $2O6s 20; that the costs OF the proceed
ings against him were 1852 25, and that there
$3.50 reasonable counsel fees to be paid for plain
tin. BY order OF Judge Freedman Jacobs was
then committed 70 jail for thirty days Tor con-
tempt ana nned $2,470 81. and directed to be de-
tanned until he mad paid that fine. Tine appllca-
ton Tor MS release was made on the ground that
the Judge exceeded his jurisdiction by incluulng
counsei lees III the line, aud mat tue commitment
was VOID because IT combined two proceedings
one Tor contempt aad another commitment to
enforce civil remedy.
Counsel Tor respondent raised the point that the
court could not review an order In contempt pro-
ceeuiuRS ny court OF competent JURISDICTION ON
haDeas corpus, and that review must he made by
appeal ana not IN this form.
In reply u this the decision OF the Court OF
Appeals IN the tweed case was cited. Judge
WestorooK said tweed was confined oy the nna al
judgment OF Court OF competent jurisdiction,
and the Court OF Appeals held That the lower
Court ola something II mad authority to do,
ana that Tweed should have been discharged
the habeas corpus proceedings, one years I'M
prisonment beng served and one fine paid. The
same statute iorDids inquiry into the legality OF
tae commlttal by a final decree, or Tor contempt
Dy court OF competent jurisdiction, Dut the DIM
Guilty was that III this case there WAS single
judgment In excess or tue power OF the Court,
and tue judgment was that he be confined until
ne paid what the Court had not power 10 impose.
III the Tweed case the Court below was held TO
have exceeded us power. Tnefe is a special
clause III the habeas corpus act, giving the Court
power, wnen the party Is committed under civil
process TO inquire whether the jurisdiction the
officer mas been exceeeed as 10 the matter, place
or sum. Decision reserved.