The New York herald., 1877-03-21
NEW YORK HERALD WEDNESDAY 2 l877-TRPLE SHEET

IN INV Va
disposed OF upon the rcquiston, which, as contained
iect, held TO be sufficient. There objection
made in that case TO tho Jurisdiction OF tho court IL
n"ss ~ sSs sS's ra SleS related
only TO the exercise OF the powers conferred ~ tho
act Of Congress. In this matter the respondents,
dscaimng Jurisdiction, objected also TO the amdavits
which were produced by the relator His Excel.
lency the Governor declined TO give or certify tho am
davits on the ground that he acted udicay In deter
mining their effect. ana subject 10 review by
this Court Tho reator then obtained copies OF them
differing therefore from any adjudcated proceeding
IN the STATE and the questions are impor-
tant, II not grave, in character Tho respond.
ents in addition to tho requistion 10 whicn
the anidavits mentioned REFERRED produced second
one charging the relaor with being an accessory oe
fore the fact HIS ExceIlency the Governor declined
TO certify the afdavIts which that was issued and
thcy have not been put in evidence In any way.
thought the second requisItion was properly admssa
be l see no reason now change my opinion. II
the State Courts have the right 10 go behind INC cqu
seoro spn Of the h0 eeo Of Which would
be 10 open tho door 10 the examination
Of the papers or Indictment transmitted n ,and and
there should be some means to compel inc proaucton
oil the papers on which the warrant was issued The
sivey, cannot far have had the opportunity 10
examine the question, be compelled to certify or SEND
acted, and hence Il jurisdiction we're entertained as
the papers not before me and the second rcqusi-
ton good upon It's tace the relator could not DC ds-
charged. have thus briefly stated my conclusions
"rhc questions AS suggested are important, ana the
General Term being now IN session the relator snail
have extended TO him tho necessary deiay 10 enable
HIM 10 have them reviewed, which can be done at
once. 1t follows that the writ must be dismissed and
the rclaor remAnded because am satisfied that he IS
the person against whom the charge was made.
.On tue rendition OF the above decision the counsel
promptly applied for writ OF certiorar for
rcvlewa OF the case before the supreme Court General
Term This application was granted and the prisoner
remanded 10 the custody oil the Sherih"
THE HERALD AND LEGAL DELAYS.
The story entitled sGame OF Love-" recently pub.
lshed exclusively in the HERALD, In which Nary Bis
choT sues Philip Bauer Tor $4,000 damages for
alleged breach Of promise OF marriage. though not
reaching trial speedily anticipated, was the SUBJ
Ject yesterday of quite lively legal set 10 before Judge
Barrett, holding Supreme Court Circuit. Mr. Hall,
counsel tor the deendant made motion that the case
go of for tho term He stated as the basis OF his mo-
that the recent lengthy account OF the case pub.
hshed N the HERALD had Influenced pubic opinion IN
the beyond all doubt to some extent and with tho
facts thus published fresh in tho public memory II
would be difficult TO get an impartial jury.
1--WE all know the enterprise Of the HERALD" " said
Judge Bustced 'in opposition TO the motion, and tho
industry OF It's corps OF reporters IN this case the
HERALD has only anticipated the statement OF the
facts OF tho case II has In no other way influenced
public opnion but has simply acted as sentinel as
the advanced guard Of public intelligence What harm
can such statement do tho deienceY Tho truth may
surely be published, and Gone are afraid OF the truth
save those whom tho truth would lndct. Sue US for
hbel," continued Judge Busteed, waxing warmer In
his speech, 'and recoup the damages you shall re-
ceivc against the damages We shall get from you
1--WE only responsible partes." rctortcd Mr.
Hall, ''trom whom we can get money"
-. cannot entertain the motion, W, interrupted Judge
Barrett. "Ihe case must be tried when reached IN
order the calendar"
This judicial announcement had q quicting effect on
the counsel, who gave promise OF making the motion
the basis Of prolonged and exciting discussion. The
stands tenth on the calendar, SO that It Is
probable that Will not DC reached Tor several days
yet
DIVORCE FROM AN INSANE WIFE.
With all the multiplicity OF phases developed in
divorce SUITS there seldom presenting such sad
features application made yesterday TO Judge
Lawrence. in supreme Court. Chambers. by Johann
Ludwig Fuchs, for divorce from his wife Amelia
Fuchs. Ho says, IN his complaint, that they were
married in BROOKLYN in July, 1885, she representing
the time that she was single woman,
and that she had never been married before.
Subsequently, he Iurther states, he ascer.
tanned that she had been previously married
Germany, and that ut the time OF his marriage TO
her ner first husband was living. Tho sad finale OF
the story the closing rccal-tha his wife is
inmate OF the lunatic asylum at Fatbush, L.
He asks this latter ground divorce, and, with
his ailicton, couples iurther petition Tor the
troll OF their two children, aged respectively ten and
four years. Judge Lawrence refused 10 grant the ap
plIcaton, but dceming tho subject worthy Of thor
ough investigation. appointed Samuel Marx guardian
Item OF Mrs. Fuchs and Rulus 4. Andrews referee
to take tho testimony in the case.