National Republican., 1877-09-03
r>srs in.-et powder !. the best In tAs s~n
not VET At LIRERTY.

rupru w-EH sEsns wILnDH RACK To rrp
roi.NM ,nrItr AND LEGAL i.nR u DIs
PLAYED HbR NOtUINtI
Justice Wylic, sitting IN chambars, last Sat
urdsy morning, gave = ,l-,'ision 20 the oaso uf
lanes N Wilhur. brought h-foro hin, on q
wi, of knh-as coipus The g,"nnd ~ which
the petition ives based wa. that the warrant
fsii,y1 10 set h"'h tho specific chaIs" ,f grand
arn~ny. The cDnpscl on both si.l-s were It,
attendance
His Honn said that he was Inclined IN
'hi't IN this case that by the common law tn.
"lsim was entitled t his disrhargs. The
,.L,"g Of u bond, note or other caiise In
.rt"n was not u subi-ct Of larceny under the
Syoi",nnn law, bot wRs under statutory law
". th"nght these papers wurs the snbicct Of
pr,rorty, and, under the staiuts law. he said
be did not think tho petilinncr entitled to .
d,s,h ge under the writ II the easn Of hail
~,s ennsid.r-d, he only wish~al Ia say that "
statun-nts made 10 tho warrant w-ic true
then the hail was insuiliclant, and he shonld
h.v. sIactvl . greater snonnt u he hal
hssd IL.
Mr. Garnett thought th,rs could he NJ mi.
understanding US 10 the decision Of tho couI /,
hut asked that the pape,s ba ssnt up by nrr
iorI'i in nricf that His Honor might givo ~
iu-T, thorough examination nf the csSa H..
cited . number Of authorities snstaining such
/. sonr,-, aud uuMgbt III. svhl.nc. o"uid bu
r-v,srd to scs " thsrn WAS sufficient osnso n
hold The prisoner
The Conrt Ltonght that 10 this caso tho
warrant wn, before him, and he sav M nor.s
sity ri u- iysuiny of . ssIiima,i The afli
davit wss sufficient fnr his .mSidaratian. and
he did not tbiUk = review of thu testimony
nnctsssiy. There was uothing NJ doubtful III
the u 10 warrant tho call for a e&rtiDrar;
nn tho Police Conrt. Hs 1anild MA tli.rriors
regard u NJ 0 case for ootiorari
Mr i MILAN Then ash nj nj Hia IIuu,t
% hirtlter aud examine the ~itnessrs, shd scs
n thrr- WIS sny reasonable :,,i's- 10 hold the
n,ao and whcthoI he should Lss ,rumtt.il 81
all N not The proscruting ~iincss h
the court aud could readily b. -ran,ihni. ~
for tho prsonsI ho dcniosI tI,si lie hM, t,ken
sustsin bis assertion by enn,paisnt testimony
Tho commitment could be r,yiewsd the sam.
~ in .ass oom'ng f,on Justice Of IN" peA.o
on appeal
MS Honor s.id that u did not follow that
man should bs convicted of laroray msi ely i,o
's.',sc he bal rnisSppsopriatsd tha s'rSis nf
anotissr. hnt u thu Jury find. IN . trial, that
his purpose was 10 get thess pspsrs aud fsl
oniously carry them away. theu he would he
snilty Of larceny. lie was not discnssd IN try
th. ca~s 81 the time. II tho prisn,n, h~a
fak1n thrss pspers and insistr6 In holding
them, then Il w.s 4 clear cxso Tor Jury IL DE-
eide wh.ther he was guilty Of lar'niiy u s'h
H. .. n. oti,er baud, 10 wnS . hr..cl, of lr',st
tb-s th"rs ~Ss 10 larceny. lilo could not ary
tho ou an application for hail.
His Honor remanded the r-Istor tn ths
enstody uf tho marshal und.I ths warrant Of
the Iulcs COurt With this action II WAS sup
posed that tho procsssiingr closed, but tn.
oonnssI f6y tho Governinsnt and prosecutor 10
e~rns restless and SOON Showed that tl'rre
w.s weighty matter s, thei' niuds. Of which
they woro An iWis to be rcli.vad.
Nal I..4k ts.1 n,akS atItA
,osnt Of faots In regard to the papers involved
In the
The Court Well. thu, o,so 10 disr.sri Of, sn
far ~ this oonrt is snncsrneh, aud u ins untl-
ing before Il now.
Col Brown PROPOSED To 10. something ha
fors his Honor ln sn"s way Tbs fs.t was
lhey werv nj ser and o0oid not got ash"I,
The papers had disappeared su.l could u"I ha
found The prosecutor WIS the only por-sn,
entitled tn them, and hs c,nild uot got tbe,n
The .prupsrty eleik hal turned than ovoi Ia
the respondunt. aud since then thHy have hni
been scrn " heard Of.
His Ilonor. Wall, what d" ynn wsntt
Col Brown ] want thosc pap~rs.
Hts Honor. Tho court has n"t got thsm
Col. Brown. ] an sntis6sd of that. but
wonld hke to kI,ow tho remedy to sbtain
those pA,,,r. That Is what am zftcr.
His Houor. Well. tbers y remedy and an
Col Brown. What 10 IN
His Honor. wuli. the Cuurt 10 not sitIing
here 10 give Instructions I" counsel win
say thai tl,"rs Is civil remedy that ronid he
aPpilsd. .n sno.tivs one, hut II Is uot fo' ne
10 ssy what u ia The Court Il here In xivs
opiniariS hn which Il .lo"o is 'sspopsibi..
Col brown. Vary wrIl civ.
His Honor thou rstii ed fiun the hepch And
ohanhcr. and the pris,'nci rsuaiuvd Ia th.
custody Of tho marshal ~hilr HE fiionds ~-ni
ont to pro.nrs tue hail.