The New York herald., 1879-03-30
GUMBLETON STRIKES BACK
County Clerk Thompson and His Allies
Charged with FOrcible Entry.
COMMITTED TO ANSWER.
RESCUED by Writ Of Habeas Corpus
from the Supreme Court.

Cannon complaint of Henry A. Gumbleton, was
Sot down for preliminary examination before Justice
Duffy. In the Harlem Police Court. at ten O'Clock
yesterday morning On their previous arrsignment
ct the court last Tuesday the defendants
stated that they wished to waive all exam
ination and have their bail hxed at once.
so that their trial would be expedit-
cd Tho complainant's counsel. the other
hand, maintained that they not at liberty
to waive all examination. They might waive their
defence. but they could not waive hearing OF the
charges and the evidence ON which they were based.
The point was argued at considerable length and
Justice Duffy paroed the gentlemen until yesterday
morning, when he promised to give decision upon
this point The Harlem Police Court was.
consequently, crowded Long before ten
O'Clock the hour appointed for the trial.
the court filled by politicians and friends of the
accused parties Mr. Henry A. Gumbleton. the COM
plainant, among the first to arrive. He was ac-
companied by his counsel. Mr.. William A. Beach.
Mr. John r. Fellows, Mr.. Artemus H. Holmes and
Mr. Henry E. Knox, representing the prisoners
counsel also on hand early. The four accused
gentlemen took seats the left Of the court room
facing the Justice bench.
Proceedings began by Justice Duffy reading long
opinion in which he decided that the prisoners could
waive their own defence if they chose. but could
not forego the preliminary examination of witnesses
to ascertain if there was probable cause to hold
them. Then most extraordinary scene ensued.
Through their counsel the prisoners protested
against the decision and declared they would
leave the court Justice Duffy denied
them the privilege and they declared that they would
leave any way unless force used. Two Of the
gentlemen started toward the. door and officer fol-
lowed them, stopped them, and after few words
they returned to their seats The subsequent exam
ination was conducted precisely as though none of
the accused were present, they refusing to
answer any questions. and completely ignoring the
entire proceedings. They were committed. but paid
no attention to the commitment. and made move
to procure bail. having previously despatched one
OF their counsel to the Supreme Court to obtain q
writ Of habeas corpus. This was procured. and all
proceedings were transferred to that Court
JUSTICE DUFPY's DECISION.
Justice Duffy took his seat in the court room at
twenty minutes past ten and announced that he
would give his opinion If all the parties ready
to hear it, This being assented he read the follow
ing decision:--
question presented for the decision Of the Court in
ES~Sa aDa william
charged with having the night Of the 18th inst been
County Ssfss oss Aas city with ssroa ss
BY Offering waive examination and furnish bail pre-
ass nS IN 2 ssss n my ne
on which prScess % was % " rcv,,o
S oSi,ion S dSises s the duties the 'a''''
SECTION i3The magistrate before whom any such
the the witnesses produced in
charged snd regard ss .sss!.
was a h d
ITO tho complainant and Witnesses produced
as E y 4s sns%
that AZ hd hs ToSS:fM Sn H. 70 sssss s S
The defendant ha. BY waiver Of his to dis
s sss pisass II e ssa
EVIDENCE n regard g she 90 onsIss % ssrssS
regard sp's sns osSer matters S
inch which Ss 5 %sy deem asmnS~
magistrate is bound to take the essmn Of the
and %s
Suppose the prisoner be not the real offender or that he
shield his abcttors by waivn cxamnatons
The statute Clothes large discretion
AIRY In regard TO the to be taken on such
Ened to evidence proving the offence itself but may take
orGer To- show that other PARTIES
sds % o %hs s ss .n % as 20
person might be arrested for nsdemeanor and upon
s The ~
MAKE an S a. esSss % him very searching and thor
Sses that
bind y
he material sssn.. such and
and on which the prisoner may be indicted" =.
e.. shou an aaS asi ESSENTIAL &
msny frequently the q ,hs inss:ii
that they revealed sccured and again suppose
s na public
MI s and n order 70 ns himself IN ss%S 0se ns on s
o. the property Of the city but Of indiv}Sasss
S e
II party Charged vSs
general custody of buidns only force ob
Ss an SpSis.S. T % %ss:irsss 70 take
sdss,o" ;Sn'
cannot ,ha, !. the time the offence question
bsp% s ssn as
asa s sess Mss 10 Il the Go 5
desire in 70 intimate the extent 20 which
ss s sasi
Mr. Thompson and the oSss
true in this city, on accoun, largo amount Of
business which before criminal magstrstes prsc
Se arrest as snbssute Tor The examinsion OF he CON-
sasn, and the 10 IN port Of the
pursued and the the prosecutor can give
sSs u magistrate % need no, now be- cossidcrsd. -
this co.r to has sss" s. dssasd
decides that the Intelligent discharge Of his duty
b. TAKEN Il can only be on the Of the
and no. n. % Of ss @ s ss cs.
~ How from any action here justify the Court IN the cxer
else aud Ia obtaining full understand
ing OF the case before renting IL any other tribunal
This only least sscertainng the facts
which the coniplainants offer. . -
There are certain things which tho defendants can
wavc lie waive the examination OF witnesses In sup
port OF his defence When his examination " read 10 him
he waive corrections additions thereto Ne can
into full defence he into NO defence at all
before the magistrate.
shall therefore, proceed discharge the duty imposed
upon by isw-vs examine the complainant aud the
witnesses produced support OF tho prosecution ON OATH
After the decision had been read Mr.. John X. Fell
lows. of counsel for Mr. Thompson. stepped forward
just as the clerk about TO swear Mr.. Gumbleton
and demanded that record be made of their protest
against any further proceeding in the case. The
record accordingly made.
II think IL proper" continued Mr.. Fellows. ''to
say word more. Tho defence have a right to
guard their legal rights in the matter, and de-
sire to say that we shah now, counsel and defend