New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-05-03
THE CASE or BENJAMLN MOVES.

PROCEEDINGS IN THE UNITED STATES DISTRICT
COURT-PETITIOE AND EXAMINATION OF Mr..
NoYEs-ARGUMENT OF COUNSEL.
IRON THE REGULAR CORRESPONDENT OF THE TRIBUNE
TRENTON, May 2.-The case of BENJAMIN
NOyos president OF the National Capitol Life Insurance
Company, petition for writ Of habeas corpus came
up in the United States District Court In this city yesor
day. Judge Nixon presiding Mr. Hcyes was represented
by exsecretary Robson and United States District
Attorney A. O. Keasbey. The state represented by
Attorney General John p Stockton, exAttorney
Jacob Vanatta, and County Prosecutor G. n. Abeel
Attorney Stockton denied the jurisdiction Of
the the matters set forth in the traverse
the return, and moved to strike out the traverse.
Tho complaint OF Benjamin Noyes sets forth
that the petitioner not in fact fugitive from Jus.
tice, and had committed crime whatever in New
Jersey elsewhere thst the indictment which formed
the basis Of such exradon proceedings did not charge
any crime under any statute or at common law ana that
therefore, the arrest Of the petitioner was Illegal ana
gross violation Of the rights OF the petitioner as czen
Of the United States. and that he Is now and mas psea
Essex County jail In violation OF the sad law OF me
United states line peIC OF babeas eops TO be- 'o
sued the said Warden and that the petOher may 10
sent back TO city OF Wan gt0D, whence he was I'M
lawfully removed, and there discharged from custody
Mr. Noyes in the traverse to the amended return OF
the Warden Of Essex County JAIL after setng Orh the
facts OF the petition in explanation OF and reply TO the
extracts from the minutes OF the Court ana Ter,
miner and the copies OF indictments and writs annexed
70 the return made statements concerning the i'd
charges criminal conduct and the proceedings thereon
taken in NewJersey against hlm clllzen OF Cohnec'
tcut which statements he deems it necessary 10 make
order expose clearly the outrageous character
OF his unlawful arrest ana removal ana 10 snow more
forciDy the injustice of making that outrage the means
thereTpoS stated he facts Of his connection With life
| insurance business, with the NewJersey Mutual LIE
Insurance Company in the matter OF Its reinsurance Dy
the National Capitol Life Insurance Company Of which
latter he is president and Of SveI ndieest t ana
he has right to be returned to the District Of Columbia
TO his home 10 await the due / 'ocess OF law under
Mr. Noyes was then and examined at length.
ments forth in the petition and traverse the re-
turn Several witnesses were examined the testimony
the most important His evidence substantiated the
charge that Mr. Moves was gwen no opportunity 70
communicate with counsel and that every effort was
made to prevent the application Tor WITH OF haDeas
the same facts The was adjourned until toinor'
row morning, when few more witnesses Will DC exam.
| med and the arguments will be made.
The case came up again this morning. The prfn.
sipal points, as stated Snd by boI fRe Court Ss
from arrest: and, second whether, in case Of
his discharge, he could be rearested on charge other
than that for which was arrested in Washington. AZ
fer several witnesses were examined Mr. Keasbey opened
the argument IN behalf Of MIR. NOyes He gave sum
mary of the history OF the case beginning with the ef
forts looking the reinsurance Of the New-Jersey
Mutual Life Insurance Company which was not mat
ter of Mr. Noyess own seeking. He claimed that Mr..
Noyes was in no sense fugitive from Justice when ar
rested Washington that he had passed several times
t Wb INN 9ne was living in and lis sarS
der had been refused b. Governor Robinson. He then
passed on to the alleged kidnapping In Washington and
The refusal Of the officers TO obtain him counsel after
thew had promised 10 do so that II was not until he
arrived at the Essex County jail that he learned upon
what charge he had been arrested being citizen OF
Connecticut and arrested under color Of the United
states law and understanding that his trial would not
be moved till next summer MI Noyes appealedt 10 tns
Court. Having concluded his summary OF facts, Mr:
Keasbey proceeded 10 argue the law OF the case ana
said he would consider the four aspects In which the
case presented viz: First, was Mr. Noyes lawfully ar
rested under authority color OF the law OF the United
statesl Second II he not, was he lawfully detained
and removed from the District u Columbia under the
extradtiOn laws Third, II he was lawfully removed
was he IN the Essex County Jail at the time Oh
the service OF the writ OF habeas corpus by any other
process than that upon which ne was arestedf fourtn
Il lie detained by process Issued since this wt
and thar lawfully holds him. Mr.. Keasbey then ampl
lied these propositions at great length, and concluded
with eloquent peroration on the rights Of American
citizenship. - .,
Mr.. Keasbey followed by Attorney General stock
ton on behalf OF the State He briefly summarized the
facts, justified the officers arrestng Mr. Noyes In mol
getting the latter counsel and argued that the arrest
| was legal as was also the extraditon He dwet al
length the question Of jurisdiction, and cited numerous
authorities in supporter his argument that this COu
could have jurisdiction OF the case, and must REMAND
| Mr. Noyes to the Essex County Jail II,
Mr.. Vauatta followed for the State, discussing onV
the legal questions involved. The closed Dy m
| Robson. In behalf Of Mr. NOyes, who made strong
| argument, The decision was reserved.