The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-24
THE CONVICTED AMATEUR.

ARGUMENT ON THE WRIT OF EABEAs CORPUS
DELAYED-Irs PROBABLE IMPERATIVE CHAR
ACrER--THE ORIGIN or THE DIFFICULTY.
The case OF Mr. Walker, the amateur actor who flcd
a role the other day not seriously contemplated the
code OF the sock and buskin, not quite ended with
that eentlcmans Incarceration In the Penen,iary OF
Kings county. He reserved for greater, and, his I'M
friendly critics say, for moro uncnviable tame. Just
now that great sheet anchor Of personal liberty the
habeas corpus Is to be tuggcd 10 his behalf and bis
friends hope with potent efforts to him from
the monotonous routine OF pentcntiary life, and from
tho degrading faint which Is apt to leave on young
lite al wants my habcas corpus. says Mr. Dawkins'
alias ssThc Artful Dodger" with abiding faith the
favoring escapements of British law. ana the same
sentiment comes home TO the refined amateur who
possibly relies on the tcchncaites which cling to
justice in every cline.
THE ARGUMENT DELAYED
The first effort avert the completion OF the sen.
tence imposed upon him by Justice Walsh was 10 have
been made yesterday, In Judge Gilbcrt's court. but,
owing to the absence Of the Judge there not of
course, any progress made. There was much disap-
poinlment in consequence, and members OF amateur
clubs who had come prepared for marvelously exct-
ing display of forensic cloquence bctook themselves
home dlsconsolaely But the Judge was not tho only
absentee The prisoner also in that condition de-
scribed with admirable and classical brovity by the
little WORD atest And there was an excellent reason
tor hrs absence. The writ Of habeas corpus had
been addressed to Shcriu DaSgctt, VINO DAD
been instructed to produce the body OF
the prisoner, but there was manifest
difficulty the way In tho TACT that the sheriff was
possession OF tho said body, but that, on The
contrary within the proper care OF the Governor
OF the Kings county Pcnitenary. For this reason
the legal advisers OF the complainant, Mr. Clark.
think that the present writ viii prove abortive, and
that least another, addressed 10 the Governor of
the PeLitcnsary, must be procured Even then, they
caity, inusmuch as his comm tment had been made
out on his plea Of guilty. should there, however, be
r,naln RtPd thatf
prisoner will be followed up with the utmost severity,
and proceeded against in au action Tor damages
WHAT MIR. BIRD GAYS.
This gentleman's opinion OF the prisoner most as
suredy does not appear TO be OF altcring nature nor
docs II seem either to be SO much the result Of PROBES
CONVICTION. He regards the action OF the defendant
IN the case as directed against the lady in the case,
whom, Mr.. Bird says, he bad threatened 10 drive out
the city aud OF society," rather than against Mr.
Clark, the complainant Mr.. Bird complains, too OF
General Catlin IS illusions to- Mr. Clark during the trial.
says that charges Of cowardly conduct the
part Of the complainant ought to be set right Mr.
Clark he says after tho assault had been com
mittcd persuaded 10 60 to a private box,
80 that all further disturbance might be avoided
Unfortunately he won't to the box occupied BY General
Catlin and some lady friends and which Mr. Walker
had just left When Walker aficrward came TO the
box Mr.. Clark according 10 Mr. Bird walked ut an
OF General Cain, who knew that Walker outside,
and who did not wish that there should be any dis
denies emphaticaly that Sir. Clark the
stage or exhibited any indication OF the cowardce at
tributcd to him by General Catn.
QUARREL
Touching the origin Of the quarrel, he says that In
July last party OF ladies' and gentlemen was made up
for excursion to ana short sojourn at Marthas
Vineyard. Mr.. Walker went with that party,
but was obliged 10 return alter few
days Mr.. Clark subsequently Joined them,
and while there he received telegram from
Mr.. Walker telling him TO arm himself, US he would
snoot HIM at sight, mentioning also that there was
letter for HIM his Office Mr.. Walker II Is asserted,
subsequently, called Office and got back the let
ter, the contents OF which were never revealed
Shortly after, the story goes he wrote full apology
to Mr. Clark and begged him to forget the occurrence
Tho latter TO accept the apology, and from
that me although he frequently saw Walker, no word
either friendly or uniriendly passed between them
until the the Academy OF Music, Brook
lyn The conduct Of tho prisoner, Mr.. Brd stoutly
maintains, is intended to operate 10 the public detr
ment OF Tie lady against whom be has levclcd most
serious and damaging accusations, Tor which, IL Is
hiacd, he may be called TO legal account.
The argument on the writ OF habcas corpus is set
down for to-day. at ten o'c.oce the difficulty, how
ever appearing be whether the prisoner be pro-
duced by Official who II is conceded, has al present
moth pg to do with his custody.