The New York herald., 1877-09-01
Hearing Upon the WritS of HabeaS
Corpus and Certiorari.
Hustled AND CARRERE REMANDEO
Weston Discharged. but Rearested on
a Civil Suit

tiorari GRANTED in the case OF John H. Hustled and
William Carrere charged with being implicated in the
uttering of forged Missouri bonds and OF Ey /.
Weston held n witness against Nelson A. eesner,
charged with forging check Tor sZo9oo 10 purpoe'-
ing 10 have been drawn by winslow Lanier Co.. on
the Third National Bank OF this city. The court room
was crowded utmost capacity Under the escort
of two deputy shcrins Hustled and Carrere were
brought into court while IN the case OF Weston this
honor deputcd 10 policeman The prisoners
evnced nervousness, ana wthstood the gaze oil tho
curious throng with apparently the calmest ihdler-
ence They were attended by their counsel, Messrs
Fellows and Oliver the prosecution being represented
by Assistant District Attorney Herring
Mr. Oliver informed Judge Van Brunt that the
prisoners Hustled ana Carrere in court, In obe-
dence tho of habeas corpus Ind certiorar re
Gently sued out IN their cascs Although the writ of
ccrtiorar was duly served upon Police Justice Duny.
a portion OF the evidence taken, which was worry ma
teral In disposing OF tbs question AT ISSUE had not
been produced lie said, in court The same he stated,
was true oil Weston, although the writ Of
certiorar served i've days ago.
Colonel Fellows stated that the particular document
which they wanted, and which not among the
papers produced IN court was The alleged forged bond
To hud whether the magistrate had probable cause
for OBTAINING the prisoners, that bond he insisted,
should be produced in court, because II should DO
shown first of all that crime was committed, and
then that these men had probably committed It,
Mr. Herring replied that II was proved that a GER
tain instrument a forgery, and 1t was probable
these committed the forgery.
Mr. oliver commended that there was no sufficient
evidence gwen among other reasons because Chief OF
Police McDonough, OF ST. Louis, who swore that the
signature the bond not that of the County
Clerk admitted cross-exam lnaton that he did not
know whether any other person not authorized to
he n
The case OF Hustled and CMrere thea submitted
without further argument, the Court rescrvng tenn
porary its decision
wEsros's SUDDEN DISAPPEARANCE.
TIE Courl next called up the of Weston. Coun-
sellor Fellows to make his opening argument.
when, looking around, he neither saw Weston nor the
,lcer having him charge. He then SAID that
was with the writ and papers returned on the
writ ol certlorarI, ready to go but, there
no reator In court and officer, ho sdded, IL havo
only, suppose to sit down and ask. WHAT'S 10 be
done about it?'"
show long before you can have bin ?" ask cd Judge
Van Brunr.
"Nobody tell' replied the counsel.
''lt depends upon how the policeman gets along
SO bot day with tho prisoner" said Mr.. Herrina
al don't any thing before the COURT said Judge
Van Brunt.
81 am sure there is nothing before the court The
Fellows, remark that evoked general smile from
the attendant spectators.
As may be readily surmised thore we're various con
lectures to The cause o. westou's sudden disappear
Some suggested tnat nc had started OIL
nve hundred milo tramp. Others shrugged their
shoulders incredulousy and expressed the belief
he repeated the Joke Elllot the escaped iorger,
successfully perpetratcd IN the same court room not
lorg ago. As there no other alternative
tban 10 await his return. message was sent to the
Dlstrct Attorneys Office to have him brought back.
and meantime the counsel cbatted among themselves
while Judge Van 8runt TOOK up other cases on his
calendar. soon alter the absent pair re-entcred the
cJcrt room ami thereupcn counsel entered upon his
argument
A POLICE JUDGE CRITICISED
He said that the prisoner held witness
against Nelson L. Gesner; mat tho whole case, irom
beginning end, largely character Zed by outrage
aud the 1a!aucc OF by stupidity Tho prisoner was
produced III Court that morning without the commit
ment by which ho was detained, and there
return made 10 the ccruorar There was no written
return to traverse. The conn milnIcnt remanded Ar
Weston 10 the House Of Detention to DO KEEP; "a
witness on the hearing, as IL presumed by that COM
mtment " be had against Nelson A. Gcsner the
Court OF General Sessions, which, he claimed was en-
tlrey insufficient and aosurc.ty. An exami iuation
had been had and before IL Is ascerahed tnat there
Us any crime committed by Gcsner, or that Gesner IS
10 be tired III any court, Judge Duny commits TINS
man as witnoss TO the house OF detention
answer u charge against Gesner the Court OF
Sessions Who told Judge puny there was 10
be trial thercY How dd he arrive
n that conclusion upon which he has based de-
ten,on OF the realor, whose ouly offence rs, that a
detective has sw orn he Knows something about the
Wil Your Honor permit person under any
circumstances when there is not the most absolute
positive proof tnat he not likely appear
witness when wanted, to be detainedl The natural u-
ference Is that hc will respond TO the order OF the
court. lie would cal His Honor's attention some
OF The remarkable features ol this He would not
use language ;aat wil be pleasant to parties IN TINS
matter, ana would not seek 10 make II polished
& Il would II he was wooing maiden. tSmes.
Weston was kidnapped from the State OF Illinois by
band OF rulians wno iany,hirg Ike justice done,
would DC the road 10 state prison; process OF
any court demand the part oil The Executive OF
:his State; no means known 10 The law were brought
10 bear 10 brlng him hero aud when brought here nc
4 AN
denied the privilege OF communicating with counsel or
trends Even Tue Ubiquitous astn,e and enterprislng
members Of the press OF TINS city could lot Ind
where lac was. He INSISTED that Weston was entitled
TO his discharge.
Mr.. Herring replied ut length. Ho contcnded that
all the OF the case clearly rrantcd
Weston's detention He then went on 10 say that
has organized clort TO msrepresent the
prosecution ard the gentlemen connected with IT, but
that this not remarkable, considering that ggan
tic system OF forgorcs reaching 10 men in h2n and
low sltuation such as was never known TO cx-
st in tins metropolis, anu even affecting commercial
circles throughout tue country, was beng unraveed
WESTON DISCHARGED, hui RgARREsrED
Judge Van Brunt gave his decision promptly ~
see no reason" he said, why witness should be Ia
worse position than u prisoner There Is nothing IN
these papers ON winch a prisoner could be held.
witness must be committed 'on due proof that he
will be forthcoming which means legal evidence, be-
tore he, the magistrate act arbitrarily and deprive
Al innocent person Of liberty. This prisoner
you might as well call him prisoncr--s held
In $4,000 bail on Auslin's affidavit that he
has reason believe Weston will ap-
pear IL Is entirely mmateria what Austin believes,
and the committing magistrate has reason 10 be
poyerned his Dcef-hs affidavit should facts;
but this ~ somebody else 5 belief and not the magis
trae's and lb bsre ~ not a particle OF evidence. |
should be ashamed Of self us ctzen of Aew York
any such arbitrary power could be vested in magis
trate ~ that he could arbitrarily commit Is a
witness, and that his act cannot be reviewed. TINS
man has to be discharged"
The decision OF Judge Van Brunt had hardly been
ammo lbcod when Weston was rc-arresied by Deputy
Sherin OBeirnc In a civil SUIT brought by John NJ.
Puney 500 the price OF horse aud wagon,
claimed to have been sold by him TO Weson and tor
which was paid IN worthless check This arrest
which paid worthless check. Paintin alleges
his anidavits, which the order of arrest
granted. that the 18th of May, 1877, Weston
MIN draft on Henry }. Sibley lor the sum OF S47j IN
payment Tor Two carriages. Defendant represented
siboy az being worth IRON $4,000 10 slOJ,000
and perfectly responsible. The draft was mado
payable in ninety days The plaintin called on sblcy
No. 93 Cedar street and the druit accepted.
When 1t became due, however tno acccptor
could not DO found, neither did Weston
10. Inn with lAc IL