The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-18
DONAHUE, THE STRIKER.

MRNT IN ADDITION TO THAT HE HAS UN-
nRRaosx-wHAr JUDGE poNoHuE HAS TO
SAY ABOUT THE CAsE-THE GREAT BARNEY
- r,x- .rx~xo,,, an ruv
10 DE ANDiOfAo-nAo oTANAoNS "
WHOLE TROUBLE
- p.-r
=" An''0p~oa 'N"' '"e SSA''.r' 49, "
Donshue, the Eric striker, would DO disposed OF De-
fore Judpe In the Supreme Court yesterday
,- -. 80 ,,..,. ~ ,h. co,,.
quite promiscuous crown nao cohocseo !" '"o SoS''
room at the hour Of opening. Donahue tho prisoner,
w.. rrs.snt ,ook,,c mona the worse for his three
s p 1865 -, -. n... ,,o,, ma.
weeks Imprisonment When Judge Dononue 'ooA NE
seat on the bench he worry much smplihed the pro-
..,,no. a. ,,o case hv n, an q. ndino down his opiu.
~"ss " 80 -
Tne defendant is arrested and before this Court
charge OF interfering with OF this Court,
H. j. Jewett IN the performance OF his duty as such
officer. Whatever Is charged the moving aihdavits
Is admitted, denial further than general denial
Of contempt Is made. No anidavits or proof OF any
kind is made or furnished by the defendant Inter
rogatores were fled counsel for the defendant stating
wien they were so ned that tho answers would DO
conclusive; but mono were ned tho defendant mas
failed TO purge himself Of the contempt cnarseS
II seems 10 me- full and conclusive as TO the offence
charged and the defendant must be adjudged
guilty OF contempt II Is alleged IN defence
that the dcienaant did not know the property med
died with was In a RECEIVERS hands. This defence
would be equally available, If iocnded in law. IN an
cases Of larceny where the prisoner could he did
know tho property he took was that oil the person
charged IN the Indictment TO state the proposition Is
to answer IT, II conended that the Court hau no
power to compel the defendant 10 answer Inc inter
rogaores. AS no such principle was commended Tor ~
the moving party the elaborate argument not appn-
cable TO the Is unnecessary to consider FIndng
do, the guilt of the deiendant II remains u cou
slider the circumstances under which the offence was
committed. A very sudden and serious riot arose ON
railroad IN sister State extending TO anoIner sster
STATE So sudden and extensive was the Io' .nas .c
authorities Of some of The States seemed paraiyzea
aud resorted 10 the questionable authority OF
federal force TO queii tho commo.on ~ ,o WAS
not 10 De expecteu .nas .nIo o'ao 80 ,a".
10 lace with the dihcui.y. ~ was no. question ~,
tho ryns Of mea 70 qu,. "UrS. nns Il vas oues
tion whether ia"ess violence snouiu oe a'ow . "
destroy properly anu prevent .ne a ~, -
lions OF the country.
JURISDICTION OF THE COURT. :.
"The Erie ROAD Deing ia tue nanus VI Tug onoeI VI
this Court, ana ms position pelng a.'1cke", veIg
the duly OF Inc court " Pro'e4s ). ou9s..uIaiy.
90 not understand inc prsone ., ha ;a.s
that the papers are IN form coIrsC. anu .ue ,aoss
proved that there any aouot o, tne sn. " Tue
TO punsh; put !! me Lgnt aaa ooen aeasu .uo I n"
OF AL the courts mat isoweo .ne oouas s psuu
has decided inc question IN tue an!ma'Ne, ~
looking at the onenoe cnaIHeu' su"s ~ sns
may DO indicted and punished, and in coa-
slderng acts mere .nas suouu W 'sAen iu.v aeS,
hsro Ss Of tbs prsoner at once wtharew
their opposition ano sucm.t.eo iae ue,enaant las
submitted 10 inc Jaws ana .nat Which, n
elsewhere the federal mintary power was iuvokea "
accomplish. was mere eniorceo oy tne power % Inc
courts, ana the Defendant mere nus iearnsa .na' no
mos'0' NOV 80 .. .--
to evade the law, It has asserted lis right and COM
peleo opealence. ConsioeInx Us navo auo'e s.a.ou,
that the INV pas oeen vauuee'ev "nu oiuoi 13eO'ou
anu tnat the prisoner W pIoso
cution ior Tue wrong oope, suI"A ZIG Puu'sn"ens
already inflicted soliccnt ~ 'neso psoceeanss oSs
while the law must w opeyeo, u snoulo NOT 10 lhaae
harsh; that II TURNER ASSERTION ~ neeoso may W
by an Indictment B..
ihe prisoner having ou .,,o r ns We
has VIII be discharged On Inc eniy Oh inc ofaeI upon
.hs uecison, Nv Wy oAp"s''n VI 'n"T ua' o"' VIZ
tme oil his arrest"
THE ORDER .
In aaaition 70 MS opinion tug necossaEy oraer IN
the case was also prepared ANU suom..eu w Tug re-
tue Erie receiver ano MessrA I.yoI auo Our.s 'oi .n
Erie striker. A'er recl.Ing tne ac.s j" tne usua.
lorm, the oroer conciuoes az touo"s.- =. 10 nv"
oruerea anu au!uaetu, anu sn'S W sitso " .
auJuoge tnat saio BARNEY - onauo 70 lun! " s1
contempt alleged against nim W having onere9 wiuI
resistance 10 the ouers o. tne CouIt bearing u'e ":
loth dny o. june 1870 anu 70 the Iecsver appolnteu
under SAID oraeIs anu naae IN COT ta' aosons tc.eu
pending, and which oroeEs oirecseo 'no oPeIS"on
Of Inc saia Ere nahway w nugn 1ewot', tno TO
ceiver appointed py .ns OoaI's ~ lolcuy asaylos:
onstrucuhg anu preVenung 'ae auu US
OF Trains upon the ing VI Tug sa'u Ia'NAy W 'ne
saia huen =. Jewe,e, sne ssia rsSc,'e, p asu. "
sa'u oroeis on tns ~o'x VI suy, Ao'a, .
IN .oS Sts.e ., wv ~u :. :. e. ~ - ~ 90
aho auJuuBee 'nu ~ Wy " ~ ~ ss,s
20 "nu 10 20 ns.eoy ~, S 49, , ~ ., Nas V,.r ~, hs
tue cou'inoh Jau VI sns ovu.J " ~" ~ a.
.neIe saIey suu S'ysov Aep. ~. ~ - 80 -.
u1ye run auu ai'oI ZIG uS'o ~ 800. 49,, 90, "
ians , ssae ~ y,a -, en-, ,h~ n.c..sarv
SUM ns.s 1eiay , "a $500, p -. 80 80
wsII@us W Do'anuo 90 . ,. No 80 ....,,a,a,,
s souS'' a"I VIZ , ~. onr,I winch nth nis dc,
osCk W ns ionos qsa. s % ",,, ~, ha -
1890, h.~vsd hv The nrss.p dsnos,,ion of his ease
Under the statute Inc limit Of MS Imprisonment