The New York herald., 1877-03-01
THE BROOKLYN TEAPOT TEMPEST.
DOUGLAS WALKER ADMITTED TO BAIL By
JUDGE PRATT, OF DEookLYN. AND RELEASED

DOUGLAS WALKER ADMITTED TO BAIL BY
JUDGE PRATT, OF BRooKLYN. AND RELEASED
FROM THE PENIrENTIARy.
The amateur dramatic people Of Brooklyn had
other morsel OF excitement yesterday growing out Of
the proceedings In court attendant upon the Walker
Curk horsewhlppng case About ten O'Clock In the
forenoon Deputy Warden Crummie. OF tho Kings
County Pententiary, came into the County Court
House In company with Douglas Walker. the prisoner.
The being called by Judge Pratt, Mr.. Ridgeway,
Of counsel for prisoner, stated that his client
present to sign recognzance for his appearance the
next Court Of Sessions, where he contcnded tho case
should be tried. There considerable argument
10 the regularity OF tho proceedings previously had
before Justice Gilbert District Attorney Britton who
appeared for the people, said he had come TO
meet tho motion for n writ of certiorari aud
was unprepared Tor anything else. Argument for
writ Of cer,iorari then hoard by the
Court Mr. Britton opposed tho granting OF the
writ and held that tho commitment was regular and
was made by court OF competent jurisdiction.
General Catlln. Walkers other counsel then pro-
cccded to review the Ho claimed that as Walker
had elected be tried the police mag istratc had no
jurisdiction to convict and sentence Judge Pratt in
qurcd why the plea of guity had been put in iu that
event, and General Catn said because they did not
believe that Justice Walsh, after dschargng tho man
on the first charge and knowing all about the caso
would sentence him to the Penitentiary for sixty days
Judge Pratt said tho Justice could know
all about the case unless he had taken evidence.
Counsel asked that the prisoner might be admitted 10
bail 10 fix up the business tor tho company by which
he has been employed Tor several years. II the writ
should be decided against HIM in the Court Of Sessions
he could return TO the Pcnitentiary shortly before
five O'Clock last evening Judge Pratt rendered tho fol-
lowing opinion granting the writ OF certiorari and
leasing tho prisoner on bail:--
II the affidavit which is the basis for this application
DO taken as true history othe proceedings before the
isnte II Is sufficient to render the conclusion probable tnat
IN committed The practice In applications of this
apply Justice of the Supreme Court upon affidavit
reciting the proceedings and poinn the alleged
for writ of cerorar commanding the magistrate
tfy all proceedings the Court Of General
sons to be held in the county where such trial
ton had taken place IL must probable the oi
GERS allowing the writ that errors were committed. In
order to justify the allowance Of the writ There
pers before me on this application except the niinay
OF the petitioner and ths copy of the commitments under
conclusive upon me- some of tho alleged errors II the
same exist are sufficient to Gust the magistrate ojnrsde
proceeding is taken requires the magistrate to make
section ilg = follows BY Implication that ifan error
were committed IN the progress of the trial
review although the commitment be in due form.
whssy r % ali ne to ss % sa .., 70 s
true sufficient appears TO render probable tina. an
tended TO ssbmt rimsef 70 the Jurisdiction Of
elect do nat courtnd Jurisdiction put him upon
s H., true ,S., he admits Is ,n., hs pleaded sp
thai done !. was qualified plea mot for the purpese Of
70 expedite The proceedings before tho Justcs
himself trial before tho Court Sessions. It
this followed by an immediate rcrsc.c" was no. Sciens
UnSsr my St dSS TO TO so@ ssss
the writ and upon the petitioner giving bail in the of
ceedinxs until is had upon past suit
Mr.. David Corbitt then signed the bona, and Mr.
Walker his counsel, Sheriff Dagget who a cousin Of
the defendant, and others took their departure
best possible humOr