New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-02-28
THE COURTS.
MR.. COwLEY STILL IN THE ToMBs.

IL.
ARGUMENTS ON A WRIT or HABEAs CORPUS HEARD
BY JUSTICE wRESCE
Every announcement that the case of the
Rev Edward Cowley Is to heard in any form, is
to call large crowd into the Court The Chambers
OF the Supreme Court completely filed Yesterday
when hearing was bad before Justice Lawrence on an
application 10 admit Mr. COwley to bail under writ OF
h1beas corpus until the appellate Courts have passed
upon the validity Of conviction for cruelty to Louis
Victor. Mr. COwley and his wife were In Courts they
took in the extreme part Of the room and APP
peared endesyor escape observation. Mr. Cowleys
appearance has not changed materially since the
trial. except that be appears somewhat more subdued
Assistant DisrictAttorney Bell presented return to
the writ of habeas corpus setting forth the Indictment
trial and conviction Of Mr. Cowey the Court OF Gen
er Sessions Under the provisions Of the revised statutes
that the writ OF habeas corpus should not be made TO
apply In where person lie held IL custody under
final judgment Of convection OF competent tribunal
Mr. Bell asked that the writ should be dismissed.
Justice Lawrence SAID 20 Mr. Bell that did not see
the purpose Of having this writ dismissed because an
hour aterward an application would be made to some
other court for writ the Judge would have
discretion would be bound to grant IT, and so the
affair might go on forever Mr. Bel said that they could
not anticipate what council might do The only ques-
ton whether Court OF General Sessions properly
had Jurisdiction in rendering its judgment; II 1t did, the
statute must apply.
Lawrence said 81 have doubt Of my power to hear
this application and propose to listen 70 discussion
OF the case upon its merits. can't determine whether
the Judgment OF the Court OF Sessions Is illegal without
hearing the question discussed II am concluded by
the statement that Court has rendered hna judgment
from inquirng whether that judgment Is proper, the
corpus not the bulwark or she peoples
liberties that il has been supposed 10 be-"
Mr. Brooke raversed the reiurn, Mr. C0wley sTOre 10
the truth Of the traverse and Mr. Brooke began mis-
ment He said that he desired to STOW the Court that
there was sufficient cause 10 believe that when
the case was appealed the judgment would be
reversed and be would therefore ask that the
reator he admitted 10 bail He relied upon two points
an improper Indictment. and improper charges by the
Recorder thc jury. The statute under which the IN
dctmcnt was famed provided certain penalties for
affirmative acts of cruelty To children by those having
them in charge. Tho Indictment merely averred that
Mr. Cowlcy did neglect" 10 provide Louis Victor with
proper foud etc. thus charging negative fault rather
than affirmative acts. In regard 10 the charge MI
Brooke insanced several parts which be claimed were
improper particularly the citing OF an English case
which Mr.. Brooke maintained was not analogous.
In reply MIR Bell argued that The indie tment was
properly drawn and the Judges charge fair. But he
clung enaciously TO his frat position, that the only
inquiry which the Court could make under this writ was
AZ 10 whet Court Of General Sessions had Jurs
dction the case and If had that the writ must
be dismissed After further discussion by dr Brooke,
the case was submitted to Justice Lawrence, who VIII
give his decision Monday morning In tie mean-
time Mr. Cowley remains IN he Tomos