The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-01-16
The Writ of Habeas Corpus Made
Absolute, and FOurchy
Released.
Decision on the Question of
Extradition between DIFF
ferent States.

| charge OF assault and battery
| The only document or evidence presented
| with tho order Of arrest Ia n pnuer utrpotting
to bs a COPY of an affidavit made before John u.
| Joor, n justice oi the peace for Hancock
county, State Of Mississippi. which. after re-
| citing The facts CONNECTED with the assault and
battery. says
That very soon after the commission NJ said
assault and battery upon her tho enld George
| F5uinhy Departed from Tho State Of Mississippi
| aud went tn Tho oily OF Nav DreHns aud the
| State If Louisiana. where he now resides: that
| sha avpedtud that no would come back CO tho
said city Of Bay TT. Louis especially during the
past summer. for the reasnn that hia family has
| a summer Residences In said city and spent the
| pest summer there, but the Rpid George
| Fpurehv did not revisit said iy md county.
aud she believes Tint he remains away. fog tho
| laws Of the State OF Mississippi, and il n fugI-
tive from tbs justice Of said State .that ahe the
afllant, T. n widow. aged ana Door, and tho Ratd
| entiHl family. md that Rhe did not nd. until
nearly ono your alto said assault NJ 4 battery.
q lawyer who was willing to advise aud aid her
| In tho enforcement " the laws Of this State .
| whnh affidavit II certified to he u true COPY.
fhis, with tue regu4ftion from the vernon
| If Mlaais1ippi aud tho warrant If arrest from
/ the Governor of fhls atate. epnatItnfe tho ra
turn OF the officer to The writ Of habeas oorpns
| Fhie tho raatnr ayers to he insufficient In law
| tlpn for the ftdheHs corpus. Aftar reolttng that
| his parents are old residents Of the city Of New
| Orleans. and .hnve summer residence In
| l,ay III, bOula. Mtsa pf0oenAa to any thnt he Ia
not II iupitLve from Justice from Mississippi,
but residing ut hia homo IN Now Orleans: that
| he spent at Bay ~. louis all tho summer Of The
| year tg17 mud had nm affidavit been ma1e
a9alnsi him for several nntha after the alleg ri
| eoumiss Ion Of tho offense he could hnve been
| arr eatrd NJ amy time on The streets ot Bay I.
| bouts, tha he spent tho whole summer Of tbs
! nekt year 1883 Mt Bay IT. Louis publicly and
affidavit nr charge WINS made agalnat him IN
1911 or 1914 when IT was eaaV aud convenient to
DO he Same II the prosseution was bona
fio: that after The said alleged miadamaanor IL
barred by tho laws of tho state Ut mississippi
by tho lapse Of two years, md no prgseeutrfS
has fail TO ohtniR civil damages, which she
nnms aha prefers the charge Mt this late time,
knowing TINT It Is barred But for he purpose
OF taking 1t out Of the statute Of limitations ehe
ehnrgeR that relatpr ia u fugitive from the Sate
Of Mississippi, although she wei knowsthat he
Is uot u fugitive, hn continues to reside ut his
old residence. under tho nutori'y Of his father,
Thesa allegations were aworn to by rslator
aud fully established by unimpeaohahle owl
dannn.
eouend tint heshowlnE mad1 Is not sufficient
b. bold tho prisoner In custody, They traverse
NJ material allegations oontained in tho aillda-
Wit accom- pHnying he reuuisttlnu aud warrant
aud demand the release oi ths prisoner.
Counsel for tho proseeurx Bon Lane Posay.
Ed, dentes tho power of the court to look be-
yond tho regularity Of proeee dlngs: that war
rnnts Of the Governor Of this state upon ~ ra
uuisttun IL conclusive praeludes further In
antry and TINT court oan examine Into tho
legality mud sutIlaenoy OF tho ,Hae Of commit
mnnt.
This Wow does not appear to hs sustained
atlhor no ,rinni ,Ia mr. nntbnrjtv trhe tthe tia
Of he eoople rSat upon . surer foundation 'han
MIRO ormni prucsedinga of our excellent chief
rnat mon anbatanae md legal a., n, ,lsncv II
the f"nnaofinn If tne p cal os waa - nd
mant by competent tribunal 1t would pre-.
tndint m, nj npninat relator T wonId ne ones
lin il O iaaral hut accom- nm ,,fed aa If ia Inv n
naked ef parfs affidavit, mad, by poor. In
ntnr the s anse Of more han two yaapa fom ths
dnta Of the offenHo charged tho question recurs
flan thn oonrt - hehind ths farmyu nron 5adinya
Of Inc Governor and axnmlua TINT with other
matters appearing upon the faco of the pro-
nut few decisions nre tn be found In tho re-
poIt4 of tho aevernl afntes. bp ,tnso decisions
lpon hnbeas corpus nre not generally nppenil-
BIZ hut ths nc ION of tho Federal rDtrts In
enaea of this kind | think throw n sufficient
tiyh ttupn III an lanf f trnyareiug fnefa NJ re.
turn and aV p,ins beRnd the com nitment - -
In order to ascertain whistler thu commitment
IA legl Chist Juatice Marshall In tho raae of
Tobina Watkins. i P,tarss Supreme court te.
norta nnpe 30, In which unon n baieas ao,.nns
renfor sought 10 bs relensed from a legal com.
mitmant. saye:
The writ Of habeas corpus is n high preroga-
object Of which ia iho Hberntton If those who
nav he in nrison without an fi ,ionf ealss II il
In ihs nnture OF II writ OF error to examine the
legnIiIv III n commitment"
After n fuiI review of tho caae rel ntor wns re.
manded on tho ground that q iudg nent by
court OF record - conclusive on all the world
aud sufficient legnI ground for commitment.
In tho case OF q pd,,te Jenkins Wallace Jr.,
pag. s2i
H. was n marshal OF Federal court, In
diced by State Court OF an assault and bat
tory, att"mpf to XII etc.
without hotic'nR me thct mat ne was II ROD
srhl oitle +. on haoedS corpus me oliieer ~
le9on thht me 'iishse was committed ~ the
proper execution OF an order process or decree
% federat COURT Tue court VIII go ohtsiue o.
DO ndic, ment and near PROOF OF faets set iorth
In the case OF the People vs. Marttn. Parker. !
Grim u -. page ~ u y Hat Ihat Ia crimi
nal chspa. where an Indictment has been found.
tho court cannot go behind IN lniictment. Do
cause there are no means q hndihg out upon
WI, Mil mp hforn a Wa1 g' onnh tha
81 n, ~ ooareo 10 60, f,r
~ - u,,t y, ~ ~ Mi, e f i
] -, ~, b J ,n5j IL - t ~, as q, ~ ~
@ ~ n Hnn az ,h 9 rinni aanas
tians :" % it'''oi y 'io ois mo- ooooet-
These annarentlv conflicting onlnIons are
orr 81 'pp aant ;th m ,a opau h AZ
piidIny th H. o ~ nlso ~
atannns upon 'ho p9ou''"'N IVY u no oiiouh-
n ~ ,oao 30 tr,tno Tho ,r,,or,, T., n .oso - |
.. . tta I tb u, a Saer ~
II ,vyaoa p stanford = Ran nsg ,a ~, ~ r
ts'S 'V''' S'ehioh'. ~ W ''Vp'' e"SV '"i' ~