The New York herald., 1878-02-09
RECEIVER JEwETT BAILED.

CONTROVERSY OVER JUDGE DoNoHUEs Ac-
TIoS-DIFFERENr VIEWS HELD By coUN-
sEL-Ex-GoyERNoR MORGAN THE BoSDsMAN.
In the examination room Of tho Jefferson Market
Court yesterday morning counsel tor prosecution
and defence IN the Of Mr. P.au against Receiver
Hugh ). Jewstt, OF the Erie Railroad, or perjury,
appeared promptly at ten O'Clock. Mr.. Jewett ex-
Judge Fullerton, ex- Governor Morgan, ex-Assistant
District Attorney Fellows and y. Patt the complain
ant, were present Judge Morgan came alter
ward. The day before no had received = communica-
tien from Judge Donohus directing him to either
commit discharge or admit the accused to bail. and
In any event to discontinue all further examination
"a have jus, now" said Judge Morgan, '.received
paper IRON Judge Donohue expressing his opinion"
'Excuss me. Your Honor" SAID Mr.. Beach. 'for
interrupting, but hold that II Judge Donohue has
scnt no direct order there be nothing TO prevent
from proceeding. ! therefore in that Insist
upon the examination gong on. simple opinion Of
Judge Donohues, unaccompanisd by any order, Is
not enough 10 interrupt these proceedings, as
lett powercss the opiaion. II there DO an
order shall appeal IL and contest its accuracy"
"As understsnd IL " replied the Judge, ''altnough
Judge Donohus has not issued order TO either
a,s discharge or hold the prisoner to ball. never.he-
less he desires me understand that should |
acospL has opinion be will then such order"
'Ons word, Your Heaor," said Mr.. Beach, 'before
In false position.'
Mr.. BEACH rRorxsrx
This idoa OF procuring writ oil certiorari 70 bring
the case before Judge IN ths supreme Court Tor him
to decide AZ TO The defendants right 10 wave ex
animation AID give ball. and then having that udge
give opinion instead et issuing order s, think
! may say, unprecedented and singuAf As q Court,
Your Honor having announced your opiuion the
other day, after deii6eration over the question,
should net revorse that opinion without an
order from higher Court believe il
would be dereliciion OF duty on your part
TO prevent Us IRON proceeding with the examina-
tion II would be just neither 10 us nor the people
whom We repsesen. 70 p% US IN position where we
insist that as the subject now stands We proceed with
the exam nation.
day are correct, else have read the law vain.
do care 70 oppose highcr court, ana therefore
believe Judge DonOhue meant that II should not
admit 70 bal he would order mo 70 do so. His words
are:-"I have no doubt 1t Is my duty 10 direct the
magistrate to commits discharge or hold the prisoner
TO BALL"
Colonel Fellows-To settle this question We now
offer bail ana ask Your Honor to DIX the amount.
Mr. Beach-We ask your honor 10 suspend or ad-
journ this examination until to- We shall
sttute proceedings 10 place the matter In such sate
Colonel Feiiows-We dom. propose to fight the con.
illusions oil the6upreme Court. Judge Donohue is-
sued order, because ne saw no necessity for
We offered TO 90 court and enter the order; but
counsel for the prosecution were not willing.
Mr. MacFariand-My learned friends object is. as
proper shape for or review. Il Your Honor viii, lake
bail shall proceed directly TO court and get
order.
Mr.. Beaeh-My friend will excuse me, but no action
Of mnc will 60 show that concur In tho opinions
or ths other Court The proposed idea would be
irregular.
Mr.. Maconald-I provost against counsel calling ii
irregular
Judge Morgan-A great deal has beon said about
my opinions, but don't care aoOut that II am
right wish to know and II wrong desire my error
pointed oat l shall now accept bail in the sum Of
$4,000, acting under the Supreme Courts nssruc.
tiona
A DISTINGUISHED BoNDsGAN.
Mr.. Fullerton-l offer ex-GoverDOr +. D. Morgan
bail Tor Mr Jewctt
Judge Morgan-Governor Morgan is accepted. !
shall take Mr.. Jewetts preliminary examination.
Mr.. beach, object The proceeding is very ir-
regular.
Mr. Fuilerton-It Is done ten thousand tmes annu.
ally In New York.
Mr.. Beach-nas Your Honor ever heard Of It being
done after a prisoner had waived examination?
Judge Morgan--Yes SIR | have been doing It
every day for tour years have in each case cit her
violated the law or not violated II.
Iu response to the queries oil Judge Morgan Mr..
Jewet Then stated THAI he sixty years OF age,
born In Maryland, and resided at No 800 Lexington
avenue; that he President and receiver oi the
Erie Rsilr road, and that he was not guilty Of the
charge preferred against him.
Ex-Governor Morgan justified In double the amount
OF bail required, and ali parties then lett the Court
room