National Republican., 1878-05-04
the MOVES CASE.
Hearing In the Habeas Corpus Cass
at Newark.
The story OF Ills Unwsrrantsd Arrest
Drought Oat-washingson Detectives
on the stasd-Ths Decision Of
the Court Reserved.

The Newark Advertiser gives the following &C.
count Of the hearing In tho hubus corpus case Of
Benjamin Noyes who was arrested at midnight In
this city without warrant denied the privilege Of
seeing counsel, and smugyled to New Jersey. The
was heard before Justice Nixon, Of the United
States District Court, held at Trenton, N. j.
"Over four hours were occupied In examining
wnesset The final chapter Of the case will be the
decision Of Judge Nixon upon the questions:
Shall Benjamin Noyos be set FREQ aud returned to
Warrington or shall he be set free and be sub
ject TO immediate rearrestT or shall he remain in
anh quo and be subjected to trial = To secure the
ars Counsellors Robson and Kcasbey are battling;
10 attain the last the State, as represented by Al:
torney General stockton, Jacob yanatta. and
ticuArly desires the second but II Is not impossible
that such will be the event
The case opened with the reading OF tho writ
the opposing counsel The hrSttwo comprised the
formal papers In the case, including tho proceed.
ingS in the Essex courts Sc. The traverse by Nr.
SOyes presents his case, in which hs claims tn
have been uawfully arrested upon illegally p,O-
cured papsp founded on wrongful charge, re:
citing the proceedings which have been rrhearsed
| so often."
concluding tho reading. Mr., Noyes
was called " the stand lie testified at length to
the particulars OF his arrest In Washington, to tho
forfeiture OF his bail and so on, The only scnsa.
tonM or even Interesting ioat'res OF hi, testimony
dimes since the forfeiture Of tho bail and thst one
reason ho had never srrrendcred himself was bc.
| cause he thought the courts did not want him"
| Judge william B. Guild testified To having sur.
rendcied 500 as bail for S0yes on his non. appear
ance. Henry 7. Dusenberry, clerk Of the county
clerks office, then gave some queer testimony. II
was in regard to the entry IN the minutes OF the
| court Of second Indictment for perjury against
| Noycs, an indictment TO which he was never
sworn, aud one which the prosecutor states has no
| existence. The witness testified that the entry In
| the minutes was In his handwriting and thai he
made such entries at the time the indictments were
| presented. From information received since. he
| believed the indictment had no existence; but he
| could ofier no explanation rs 10 how the mistake
| havn lphg
| Detective McDeyitt, Of the Washington police
an impudont witness, It would seem, from the sev.
cral rebukes he received from the court, was exam
| incd at length. He said ho had watched Noycs for
| some days previous TO the arrest at Washington,
/ and had been present when II was male. Noye-
| said nothing about kidnapping. Witness promised
to procure counsel for Noycs but did not do 10 be.
cause Officer Lang Of Newark did not want him
in that case and delay matters. Witness cams o.,
10 Newark with NOycs. His story OF the arrest diff
fcred from that OF Soyes in regard to numbsr OF
points.
ners' testimony, and the court adjourned until
During tho examination Of Noycs In regard to
the sickness Of his wife and his long absence from
homo traces OF tesis were visible In his eyes and
his voice showed signs Of repressed emotion"
Amer the examination OF further witnesses, from
| whom was elected little except points pertaining
TO the history Of the case AND their connection
herewith District: Attorney kessby & Opened the
from tho custody OF the Essex County Jail.
He was followed by Attorney General stockton
In favor of the legality Of the arrest Of Soyes. lie
cited numerous authorities on the action Of other
courts In similar cases. and deny Ing the Jurisdiction
Of the United statos court in tho judicial aair, OF
| the States IN relation to fug.tiyes from Justice
sustaining the arrest OF Noyes and the action Of the
arresting officers In refusing to procure counsel
before being brought from Washington city to New
| Jersey.
Mr. vanatta followed in a lengthy legal ar
gument on the rights OF the States and In justiics
ton OF the conduct Of the officers Of New Jersey In
this matter.
Secretary Robsson closed the argument against
the legality of the arrest Of Noycs and In favor o
tho jurisdiction OF tho United States court IN thu
matter, and held that tho court had the right tC
discharge Soyss from arrest
The court then took the papers and reserved de
| cision