The New York herald., 1877-09-08
THE FORGERS IN COURT.


BROOK ON THE GEssNER WRIT or HABEAs
CORPUS WESTON ONCE MORE RELIEVED.
At tnree P. NJ. yesterday, the hour fixed tor the
hearing before Judge Wostbreok. in Supreme Court,
Chambers. upon the new writs OF habeas corpus ana
certiorari granted the OF Nelson A. Gessuer,
there was a largo crowd in attendance. who watched
the proceedings with good deal OF interest Gcssner
was brought into court by Deputy sheriff Quinn, and
a, once entered into brici but animated conversation
with Mcssrs John Graham and John Balm
bridge Smith. The prosecution was represented By
Assistant District Attorneys Herring and Leary. On
the calling OF the case return 10 the wrs was first
submitted to the Court This return simply set forth
the that Gcssner in the charge OF the Warden
OF the City Prison, under commitment Of Policc
Justice Duffy, and also to answer An Indictment for
forgery in tho third degree found against nlm by the
Grand Jury OF the Court of General Sessions. In
making the TO this return quite detour was
taken and the conduct OF both the committing mass-
trate aud tho representatives OF tae District Attor-
ucys oiioe subjected to much criticism than
in the petition tho wr the substance OF which has
already been gwen in the HERALD Following is this
document
TRAVERSE TO THE RETURN.
Nelson Gessner, IN opposition TO the return to the
writ OF habeas corpus, re-atirms the statement of
facts in his petition therefor showing the iegality OF
his imprisonment. He denies that the Court o Gcn-
era Sessions acquired, had or has any jurisdiction
whatever him mis- person TO make or issue any
order process for his arrest or imprisonment under
which II now claimed he is held, detained or re-
strained oil his liberty He deuies ihat the indictment
question Is valid ana alleges that II IS utterly void,
OWING to the fraudulent manner IN Which u
believe, aud does believe that neither the
court OF General Sessions nor the Grand Jury werc
aware oi the circumstances under winch thcy wore
ko,u, nd hisn M uc @
as the unwiiting and innocent instruments OF the
prosecution tue fraud desgned from the start aud
ultimately accomplished by The hnding OF the (alcged)
Indictment lie denies that tho Couri OF General Ses
sions had or now has any lawful jurisdiction
charged or ae aranst him He denies that at The
OF the petition !or or issuing or serving oi the
habcas corpus or at the time OF or at aay tme alter
the indictment OF the Court OF General Sessions,
hc WAS in custody under lhc commitment ol Justice
Duffy (markcd Cl as pretended III inc reurn aud
alleges tnat the commitments OF said Justice
Duffy was superseded by tho justice at the time
he bench warrant on tne alleged indct-
inent previous to his commitment by The Court OF
General Sessions; that the opy custody he was under
tho Uf tho petition for the habeas corpus grew
OF the commitment OF the Court OF General Sea-
s,ons He insists that the return shows no legal Cause
whatever Tor the imprisonment or Its continuance;
that the commitment OF the Court oil General scssions
Is utterly vod aud he denies every part or matter
therein stated seeking justify or continue 1t, or III
any way inconsistent with his said pcticn lor the ha-
beas corpus or tnis, his return.
sKIgMIsEiNG For CONCLUSIONS.
There was quitc lively sklrish between the coun-
sci us to the reception 10 be given by the Court 10 the
above Various questions 10 tue matter were
put to Judge Westorook, wno nnay got tired oil this
OF proceeding ID the case. and stated that he was
not there 10 be cross.sxamincj, OUT simply 10 hear
questions TACT He stated thai tho prisoner charged
thut his had been peudiced w the action taken
tho committing magistrate ana Inc District Attor
hey, and that II was important 10 ascertain whether
these allegations were true or not.
Mr. Herring conlcndei that there were only qucs-
tions OF law TO be determined
Judge WestbrooS said that he had not read either
the petition the papers but had granted the wits
as a matter right II ioosed 10 him as though tho
allegations invoved questions OF fact
Mr. Smith eaid that they could prove those alesa-
ticns Of he prisoner TO be true.
MT Graham added that they could prove them In
twenty minutes
Judge Wcstbrook stated ttat the prosecui ion could
lose right the by having these facts fully
amined iIlO.
After some farther discussion 1t was finally arranged
that the testimony III regard To The alegaons made
the traverse 10 the return as given above suo oud
commence Thursday next In regard TO the wriis
Of ceriorar, Mr. Herring stated that 1t was not 10 be
supposed OF course that they would submit the pro-
crcdngs taken before the Grand Jury tne
prisoner Judge Wcstbrook stated that they, of
course, would not waite any OF their rights, thus
the case stands al present