New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-05-30
Juror MUNsELL RELEASED
DECISION OF THE GENERAL TERM.
Gpousps ON WHICH JUDGE VAN DRuNrs Aoiio'
is ovERRULED.


GRousps ON WHICH JUDGE VAN bRoNfs A0'io-'
is ovERRULEp.
u.urov NJ Mu,mell, the Juror who, at the
,son NJ the trial OF Richard Short, on charge "a
,.nnonsnp 70 kill Captain Thomas Phelan was seh' "
Tna,ow Street Jail by Justice Van BrunN ~.
tempt OF court in visiting the scen0 -,
array during the progress OF the trial. was !0 80, 80
discharged from confinement after just Two w. A.
,r,sonment under ruling of the General ierh " ~.
-. 1,o,r, Iustice Daniels wrote the opinion Oh
a. Co,rt Jusfio. Davis wrote another, In WHICH, "io
a,..rea,,, with his associate in regard 10 q mhor
mint he arrives at the same eon0 49,,
clusion Justice Brady cohculro" -
,,..r Justice Daniels in his opinion says
the sole authority proceeding against the rei'or
fit exists at all contained in thai clause In the ou
fsv, Procedure which subjects person to punishne'
nv tho Court for criminal contempt Tor Wi"i ''s
<pedepce to its lawful mandate" FROM an oA"ni'
nj section 33i3 OF the Code he concludes tha' i
date is as there defined, "a writ process Ut o'uo
,eu direction issued pursuant to law out OF COURT
mr. made pursuant law by court or Judge OF p'
son acting judicial officer, and commanding oo".
hoard or other body, or an officer OF o'no'
person named or otherwise Designated 'neto,",
70 do or refrain from doing. an act therein spoon
Justice Daniels maintains that under this dehhiion '
word includes only such commands or directohs as may
be made In writing But even II this were not 3d. NO 10
c,ares the case against the relaor would sun DO "s
tanned for IL was not denied that no direction "r
or oral was given to the jury on the suploos' "" "
there was no mandate there could be no dSooe"'o"'o
and no criminal contempt Whlie the Jurors oo"a'OO
well deserved condemnation it could not be pnnissso ~
contemnt The order OF Court below should there
fore be and the prisoner disebsrSed co,
Justice Davis, in his opinion says tns ne can To- go,
cur with Justice Daniels the Limitation that ms oo
straeon Of section ~ nsp Is for criminal contemp He
holds that II is to conclude that there @
for Violation OF such crcn orders as are therein par
tcuarly mentioned. He says INC pp rTS,ai'i g., ihe
word mandate" as used n.the Code, is by no means
an exclusion of anything else properly Wi mnSe awl
mandates which not included In Wits processes a
written orders The making 81 sn or orally in the pres
ence and to the person or pers ms ~,
Of IL is criminal act The relaor committed misde-
meanor for which he may he injected trel anu ~ uu,
~ his npnishment for criminal contempt is the simple
fact that his misconduct forbidden Dy , J hS
and not by mandate of the Court II the co1r. n%
instructed the jury orally or Cs Of 9sI NJ
either Of them could mot y ,p ssWe been
unless allowed by the Court. as prescribed ny me
be both lawful and just The inability to show s,cn
direction Is fatal o1,ent non a0 because he did rot do
wrongful act declared criminal by law 9ut , ne,
the learned aud able Judge whG nror could
so forget disregard his duty anu 30 "'u ho' !"
aa n We se with TRIBUNE reporter
I'm Ludlow Jail when he received word OF .ne u
10 the sheris Office where he signed the papers neces
sary for his release At his own office there wa aS
his Incarceration III the strongest terms. - A..
81 still adh re firmly" H. sad, to my views tnat
Short could not have been convicted on the eVdeho
The District Attorney did Offer evidence TO eohto-
vert the story of short and those with him I'D ossts
ce Vet 1stjce Van Brunt ecured the jury as II they
were lot schoolb Us and not coordinate part Vi
our judicial system" -. .,o,t,,
Mr. Munsen said he never had the least sympathy
with dynaniters; he had received "a in VIA
from Congress for bravery in the war,
and he turned in pride cut In BFyants history Oh
the United states Vol w. representing me ndttlelx
~ the 10Th Pennsy lvaua Regiment. carried through
thirteen ptch2d battles by C0Or-SerSeant M9nsei e
also has the Kearny Cross, presented TO nm through
n was Mr. Munsell who, October D. $50 win bis
friend Mr. Phelps. visited all the banks OF this CITY, car
ry,ng letter of James A. rhelds ana thf Morey iag
smile and established the facts on the OASIS OF IN
the Morey letter forgery.