The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-11-11
UNITED STATES SUPREME COURT.
IMPORTANT DECIsIoNs-PEcULIAR RESULT OF
NJ

NAVAL COURT MARTIAL.
WASHINGTON. Nov. 10, 1879.
The following cases disposed of in the United
States Supreme Court to-day
No. l79. The United States plaintiff, VS.. Herman
Hirsch ct al-On certificate or division from the
Circuit the United States for the southern dis
trict of New York.-The defendants were prosecuted
on an indictment containing four different counts
to all of which they pleaded the statute of hmita
tions. The Indictment was found February g. 1877,
and the offences were charged to have been COM
mitted September IS. 1873. The first two counts
framed under section 8, 440 OF the Revised
Statutes. and set forth conspiracy to defraud
imported from abroad The other two counts are
under section 5.445. and charge false entry of
the goods at the Custom House by fraudulent in
voices and by false classification to quality and
value. The Judges of the Circuit Court certify .
is barred by section i.O4. the. Indictment
having been found more than three years
whether it was within the provision of section
1.046 as having been found within five years next
after the commission Of the offence. This Court
holds that the plea Of the statute of limitations OF
three years good in bar Of the first two counts Of
the Indictment and is bad as to the third and fourth
and it is ordered to be so certified to the Circuit
Court Mr.. Justice Miller delivered the opinion.
NO. (orignal. ex parte). Alvin 4. Reed-Petition
for wrs OF habeas corpus and certiorari..The petit.
toner was paymaster's clerk the United States
ship Essex. On tine 26th Of june 1873 he was tried
by naval court martial tor malfeasance in Office,
clined to approve the judgment and sent the pro-
ceedngs back to the Court that the SEN
|
imposed another severer sentence-two years i'm
prisoLment, with loss of pay except so monthly
$500 and dishonorabe discharge. The petitioner
brings his here upon writ of habeas corpus, al
legng, first, that the naval court martial could have
jurisdiction over q psyinaster's clerk; second.
that the first sentence exhausted the power
OF the Court and that the second therefore
nullity and third. that the Court could revise its
former decision only on the ground OF mistake. and
that there mistake and consequently NO
power of revision. This Court holds that none Of
the prisoners points well taken; that the naval
court martial had jurisdiction over the person
and the case; that the exercise OF its discretion
within authorized Limits cannot be assigned TOR
error and made the subject OF review even by an
appellate court. and, finally, that writ OF habeas
corpus cannot be made to perform the functions OF
a writ of error The petition is therefore denied.
Justice Swayne delivered the opinion.
No. so. Henry Sawyer, appellant. vs. s. N. Bixby
and c. Tucker-Appeal from the Circuit Court OF the
United States for the Southern District Of New
York.-Decree affirmed with costs. The decision
was announced by the Chief Justice.
No. 1857. William G. Gage ct al. appellants, VS..
James W. Herring ct al.-Appeal from the Circuit
Court of the United States tor the Northern District
of New York.--On motion OF Rodney Mason the case
docketed and dismissed with costs.
No. 50. j. ID. Miner. plaintiff in error, va. the
United Statcs.-In error TO the Circuit Court of the
United States for the Southern district OF New
York.-Suomitted by Assistant Attorney General
Smith for the 0ited States. 4.
Adjourned until to- morrow at II O'Clock.