The daily gazette., 1880-12-29
r-sm Yesterday. Late Eassle..
HABEAs CORPUS.
MORE ELECTION cAsRs REMOVED TO
THE o. 9. CIRCUIT COURT.


MORE ELECTION cAsRs REMOVED TO
TIE o. 9. CIRCUIT COURT.
As was stated would be the case In
the GAZETTE, several days ago, the
cases OF the Deputy U. S. Marshals in
dicted by the Grand Jury OF New Cas-
tie county, for disorderly conduct
around the polls on the day OF general
election, and resisting Deputy Hheriffs,
have been removed TO the United Stales
Circuit Court. The parties-Arthur
Emerson, j. b. Smith, w. J. Black
burn, Artemus Wilhelm, John Black
burn and Sam'l Coyle-were served
with warrants of arrest by Sheriff
Clark yesterday, Immediately after
which Marshal McMullen served writs
Of hGbeas corpus upon the Sheriff and
the parties we're rsmanded to his Gus.
tody.
This morning the cases were heard
in the United States Circuit Court be-
fore Judge Bradford. District Attor.
ney Patterson made the return Of Mar
slial McMullen TO the writs of hdbeds
corpus, to the effect that the parties
were In his custody. He then pro-
ceeded to make q brief statement of
the case. Upon two petitions--one OF
Arthur Emerson and the other made
by the five who were indicted IN con-
nection with Emerson--two writs of
hdbsds corpus were issued for the re-
moval of their cases to the U. s. Cir
cult Court. These writs were served
upon the Clerk of the Peace ana the
Sheriff of New Castle county. II was
then learned that only ACCOMPLISHMENTS
had been found in the premises, one
against Emerson and the other against
the other Ave Jointly but that the
Clerk of the Peace, In issuing the war
rants to the Sheriff, had made out six
one for Emerson and five for the
others, each one of the five containing
the names of all the parties implicated.
In the warrants bail was fixed at $500
for Emerson and $4,000 for the others,
bat the District Attorney claimed that
by reason Of the manner in which the
joint warrants were issued, each one
of the five men would be required TO
give &2500 bail. Therefore the writs
were estopped in the Sheriff's hands,
and the accused are now ia the GUS
tody of tne Marshal.
The return Of Sheriff Clark was then
read, tu the effect that he had obeyed
the writs Of hdbeas corpus, and deliver
ed the accused into the custody Of the
Marshal.
The District Attorney further asked
that the accused be held for their appear
ance at the next term Of the u. s. Cir
cult Couit, on the third Tuesday in
June, 1881. As 1t was desired TO sub.
ject them TO as little Inconvenience As
possible, he suggested that they be ex-
cused from appe airing before the Court
TO give bail, but that they be held In
| $500 each and u. S. Marshal McMullen
allowed TO become their surety.
The Marshal expressed his perfect
| willingness TO furnish the required sure
ty, but Judge Bradford said this would
be q bad prect dent TO establish, and he
would rather allow the men TO be held
In their own recognizance.
| Mr.. Patterson then asked that the
men be held in $500 bail, TO DC furnish.
ed hereafter aud approved by the Court
Judge Bradford assented TO this, say.
ing he desired the case In this case tC
take the same phase 1t would in Stat,
Court, As the case would have to be pro
secuted here.
Mr.. Patterson, 10 reply to question
as TO the fnal disposition of tie case
said he had thoroughly examined Lh,
law in this respect. The Indictment
found by the State Court would b. lal,
before the traverse jury Of the Circui
Court, and the Attorney General of I'll,
State can prosecute the cases II he de
sIres.
"And If he does not desire he nee,
not" said Judge Bradford.
The proceedings here closed, and th
cases rest for the present.