The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-07-31
THE STRIKER DONAHUE.


FOR coNTEMPr-HE DENIES THE CHARGES
AGAINST HIM-HIs ADMISSION TO BAIL TO
BE DECIDED TO-DAY.
The hearing the cage OF Barney J. Donshue'
charged with being the rngeader In the recent riot
Gus demonstrations by strikers at Hornelsvle, ana
such ringeader being guilty Of contempt OF court
in obstructng Mr. Hugh Jewct, the receiver Of inc
Erie Railroad from carrying out tho orders OF the gu
prcmo Court, directing HIM, among other things 20
continue tho running of passenger and freight trains
was adjourned over from Saturday until TWO r. d.
yesterday TO enable Dorahue to employ counsel Al
tho hour fixed upon for tho hearing there was large
crowd In attendance at Supreme Court, Chambers
Judge Donohue being tho Bench The prisoner, es-
corted by Deputy Sheriff Brown, OF steu-
ben county, in whose custody he is, was
the object OF good deal Of attention
from tho assembled throng He was rcprosentea oy
General Roger A. Pryor and cx-Judge Cursis Mr.
Denis +. McMahon was also present, having oe'n 10
tanned by the "Bread Winners League" 70 de'eno
Donahue tho contingency OF his being without coun
sell Directly Mr.. A. J. Vanderpoel and Messrss Lar
roque and Cummings, counsel Tor the Erie road en-
tered and announced their readiness 70 proccea
PRELIMINARY sKIRMIsuISG.
General Pryor said no aud his associate, ex Judge
Curtis having just called into the case on behalf
solves for argument the and fully inform them
selves OF the facts. He therefore asked an adjourn
enable them 10 prepare themselves more Iu"y
tor the defence.
Judge Do nohuo said the Court was disposed TO afford
suitable the prisoner and his counsel 10 pre-
pare their side Of the case
Mr. Larr0quc said he thought tho urst step was Ior
the prisoner either TO admit dcny the charge against
him.
Judge Donohue said the man had been brought hero
very charge, and no felt disposed 70 allow
hun consult counsel before compelling him TO ADMIT
deny the charges against him.
General Pryor then sutu. as they then unuerssooo
the position OF the prisoners case he was not called
upon citner to admit or deny the charges against him
Judge Donohpc asked II counsel WAS prepared "
argue that question nowr
General Pryor replied that he was.
'.rhen," said Judge Donohue, ''f decide that the
prisoner must answer shall compel MIN 70 answer ~
GENERAL pRYoR's ARGUMENT.
General Pryor proceeded to argue Ut lcngth. He
said that the afdavts which The writ was ordered
and Donohue arrested were insufficient; that II tbo
state which the Will hrss issued were
for that atdavts subsequently
Aled In the case could not uphold its validity; that
what Invalid at the time was done could not DO
made valid by post act0 sfitavits and that no dell
Cheney Of evidence which tho writ against Donohue
was iret could be supplemented BY subsequent
aidavils He further insisted that the statute on this
subject provided that when the prisoner brought
before the Court Therapeutics shall be propoundod
10 i'm and not until after he has answered can any
further udavts be put against him; that the war.
rant attachment must stand or fall ON the original
affidavit which it WAS issued, and that those atdavs
Of the Court without specifying his acts OF resistance
and the time and place thereof No man can Do
charged with criminal contempt generally uny more
than he could De charged with murder generally,
without specifying particular acts General Pryor
went on argue against the suciency OF the original
adavits that tney failed u specify the particular
act or OF contempt alleged TO have been committed
by Donohue 1t was, he said, the vague allega-
tiou tina, somebody somehow did certain acts COM
planned or after this comes In the prisoners name
Us leader. Besides all this the complaint merely goes
on 10 aege information on Information and belief, on
IN shala fAefS IN n p yull I'M
citizen OF the Empire State deprived his liberty
md taken hundreds OF miles on an attachment. He
insisted hat there was no due proof law to satisfy
the statute All persons were presumed to know the
law but to know particular orders Of Court. In
cocusoO he moved that tho writ be Quashed and tho
prisoner discharged.
Judge Donohue stated that he had read carefully the
papers and that these iully showed thut he entered
INTO u combination. This TACT to positively.
There proof Of acts done under this combination.
There was evidence sufficient 10 hold the prisoner.
He should require him to the charge.
DISPOSITION OF rHR
The prisoner upon being called on to answer, his
counsel interp0sed plea denying that he was guilty
OF any OF the acts OF contempt alleged against
Following the entry OF this plea II ordered BY
three days. in tho County Clerks Office, n,errogs-
tories specifying the facts und circumstances alleged
against Donohue; that the latter nle hts with
IN ten days and that the final hearing Of the be
set down TOR tho 18th OF next month. some argument
ensucd on The question OF admitting D0nahuc TO bail
General Pryor hoped that he would be- admitted 10
ball. and the fixed at small amount, he
poor man.
apply for the prisoners discharge bail, and that
sucn application could be made only alter the OF
the warrant OF attachment. Alter some further dis
cussion Judge D0nOnue said he would cOnsider tho
question Of bail and render decision to-day In the
meantime Donahuo was remanded TO Ludlow Street
Jail.