New-York tribune., 1877-09-01
THE GREAT FORGERIES.

EFFORTS TO RELEASE THE PRISONERS.
CARRERE AND Hustled REMANDED-WksION Dis
CHARGED But REARREsTED IN A CIVIL SUIT.
The proceedings on the writ of habeas corpus
and eerOrari Of william Carrere ana Johh
H. Hustled were held yesterday before Judge Van Brut
in Supreme Court Chambers, at the same time Win III D.
westons appeal for his release Carrere aud Hustled arc
under arrest charged with forging and utorng st Louis
County bonds while Weston held as witness
AGAINST Gessner, who is charged with beng part
ner IL he great $4,000 forgery on the union
Trust Company. The People in both cases were rep
resented by Assistant District Attorney Herring
and in both the prisoners we're represented
by John r. Fellows and James Oliver. When the cases
were called it appeared that full return had been
made by Justice Duffy to the OF cerorari. though
the writ in the Carrere had been served Oh hu hye
days ago and tie Weston Thursday, anu sif
Fellows had called Justice Dufy's attention to 1t at the
OF the Gessner examination that day Mr. herrlhS
promised that the returns should soon be brought down
and meanwhile the ordinary business Of tse court was
taken up, Judge Van Bunt Offering to issue an attach
meut against the Justice If affidavit were made show
ing his failure to make a return
Alta few minutes past twelve O'Clock the cases were
again called and the Carrere and Hustled eases were
taken up first. Mr. Fellows claimed that the evidence
did not show any warrant for holding either prisoner
Mr. Herring replied briefly that the evidence taken before
the magistrate showed that the sale Of the bonds was
traced back " these prisOners that the fact that they
were forged shown by the testimony OF the CGef 0
Police Of ST. Louis Judge Van Brunt took the qoes'ions
under consideration before o'clock decided to dis
miss the writ and remand the prisoners
Weston's habeas corpus followed the previous case
but Weston had taken away. Col Fellows said that
IL this case was largely OF outrage the rest OF II was
magnificent stupidity; ne complained that there was no
return 70 the eertora Mr. Herring said that alter Justice
Duys severe abors Thursday in the examination OF
Gessner, It was not hard to see that ne had not
had time time to make full return; he had
sent some papers all that pertinent the counsel
believed and ne submitted them TO Col Fellows; ; mean-
while tile prisoner had been mt for After delay OF
five minutes Weston brought in by an officer, ana
Col. Fellows said: " Now are ready" Tne crowd,
which had by this time filed the eourt-room, mme-
dateIy pressed TO the table
Col. Fellows said, in substance:
The reatOr Weston, is brought here on habeas cor
ps certiOrar 70 nQane nto the cause o. ns dete
ion The only 70 the habeas corpus IS the COM
mitment hold ia my hand Ihai renai1s hS Is; i |" es
ton as a sue trial OF Nelson A. GesseF before
General SESSIONS There is 40 warrant o. sN ior
arch commitment. The Statute for tue detention OF
witnesses Is ful minute ana speeihc ana Ihust pe con
formed 10. What has been doDeG Ihe Magisuaee' ue-
fore an examination Of the aecused-Msstoh is
I- no. iS sbown 70 be e0nnected with evcn a
supposed cIime before there is probability even shat
(sessuer VIII held await trial. before any indci-
mcnf to name the Court IN which nc he tried COM
-, ssf,,n t wait t,e ri1i OF Gessner at hc Court o.
GENERA Sessions. How did Justice Duly know Gessnsr
w.s TO be tIied in Court that Grand Ju} @o1ld
he coe conclusion that the prisoner was nor ke
Is TO appear Gessners tralt cali attention 10 sOne
facts outside the record Weston kidnapped fron
his houe by band OF ruians who II swift justice we're
dome would be their way 10 state Prison Win
accusation, without any legal custody ne Is COM
mitted the affidavit VI one OF The kdiappers 10 ps-
on-that Is what it amounts tofor an indefinite period
Mr. Herr1ug in reply sad, that from the time this
had come to public notice, weli-organzed and per
sstent had been kept to nsrepesent the prose
cuon and connected with it. lie did not wonder
when considered that this an effort - break up
gigantic system OF forgery, including men OF
wealth and high position well as OF low po-
sitiop. which was he trusted, about TO be un-
earthed He did not wonder that IN such case
they dug up the Rip Van Wrinkles Of the great
profession and placed them with the energetic
Young Inen He did not wonder at tile effort To manu-
faeture public opinion With Westons past history, it
was ridiculous to talk OF his being kidnapped He had
elected 20 come go NewYork rather than await requi
sitiou he had elected stay in private custody rather
than 90 to prison lie could not explain further 10 the
Court without injury the purposes Of the prosecution
He claimed that the right detan witness was duty
imposed on a magistrate. He must take his recognzanee
20 appear at the trial
Judge Van Brunt-Yes; his own recognizanee
Mr. nerring-Yes; but he has, by the tWenty-thlrd
section discretion TO demand ball ., a.. .,
Judge Van BFuut-An arbitrary discretionf Must 1t
nJ Mr. r. Herrne-Your honor admits that there is
to call him as witness and tue law eiin, gives
the Justice discretion thereafter. 4usNns disi'sh
shows that the witness viii not appear unless held to
else tie magistrate 10 ec satihHtl on
nontf And being satisfied must be not hold To baf II
must be- BY law for the next court at which the prisoner
may be- tried But If in that the magistrate hs erred,
he may perhaps, hold him during the examination be-
fore himself
Iudge Van Brun'-sufhcent to the day are the ques
tinng tbercnf Ii has said that ia NewY0rk tie po
ALTON OF witness Is than that OF piS0ner IL Is
clear no prisoner could be held such an affidavit
thls of Austins an5 don't why witaess should be
worse off person accused OF crime Ihe statute
authorizes n commitment OF witness when the magis
rrage has good reason 10 believe on due rrooi that
rhe witness wifi not fulfill the conditions OF his
recog1,iZance Tie words due proof mean some
Thing They mean legal proof which tue
mag1srrat..s belief may be founded. Austin's be-
ard thai must DO founded evidence, which an
appellate court review and say whether IL furnishes
ground for belicf. Otherwise, witnesss cOndi-
ti, is q thousand times thansthat OF "A criminal
should be ashamed OF myself. citizen Of New York,
II apy such arbitrary power liberty gwen
man by our laws. It would be gross yiOlatO OF az
tLe principles OF liberty which law rests and, unless
the statute clearly states such violation. Snail not
Interpret Il 70 that eud. The prisoner might well
call hiIn so-musg be discharged
Weston was hereupon released but at the door OK the
courtroom arrested by Deputy Sheriff In a civil
suit This suit brought by James w. Ptney the Ma
rne Court and charges tnat Weston got from him two
carriages in May 1872 for Si75 paying FOR them by
draft on Henry j. sibcy whom Weston represented 70
b. worth $4,000 20 Si0J)Jo Plaintiff took the trouble
70 20 10 slbey Ia Eldl similar statements To is
wealth 20 tan o. r,.,JJu -a accepted the draft. TIE
plaintiff sys bicJ really without anyproperty.
Weston IN b ,nI. is held 20 bail IN 800.