New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-04-11
Nmw-YoRK, SATURDAY, APPEL 40, asAl.


Bu, tho argument Of eosveuosce receys o5e allowed h
at least be restricted the question: the Of seizure OF
bringing papers which evidence in sny civil criminal
care, bciJrs tho
II any party desires evidence papers tho possession Of
tho other party he must give notice to produce Ec and no;
ducod he may gyo parol evidence Of thoir contents.
The Of Rex Watson erd a. T. r. l99 application
for original Information for bcl consisting in certain resolution
snd order entered in corporation bcoks
Butler oad ait has becu 'olclnny determined criminal
prosecution you give notice defendant produce paper
lis possession and II be reses give other evidence Of
49, Of murder and was given tho prisoner pro-
drce sundy papers, and refusal pSo evidence CT their coueat
pors this being for prisoner
tenuousy objected the admission Of evidence Of the
conlonls
TIE NOy "hs secondary properly received
because tho beat evidence the possession Of the
il primary suideses nos a.tay Ssoy& ss principle Of
tho common lay that shall be eopcd to give evidence
against himself sanctioned by the bill rights protects the defendant
the possession Of he primary evidence The object Of the notice
eoap tho production Of tho paper or sh
tage IL no docs no; produce IL"
Tho Of the United Britton Mnon 4Ci
Of forged notes. remaining the possession Of the gc The dis
c attorney did not esk Juco Story for search and
bench and 90 and seize them himself Ho py desired to describe
me notes generally in c Indictment and 90 posd % notice 10
sc soa IS d ' Oh 'h'
Thce and hundreds of others thai might be edducsd show
most clearly what the established practice when the papers are
But suppofo n in ss cs' the per srS in the hands 0. thru
suo 6se:s pcrson ordering him
court ond bring tao with hint ard sach WILL then
PEREZ that they she private papers accased salsd I
and delivered 20 witness for safe keepng ard the will pub
M aud solemn argument decide whether they legally break
that seal and ouch Of tho accused in evidence against him
sclE
In tho Of tho United States Aaron Burr indicted for
CHI Haya granted subpoena 6cs teesR TO the Pre-
edent Of the United sros to produce private letter which
aYcrrcd by tho defendant to be material 20 dace Indeed
10 pretended that there cny difference in the
bringing evidence psLO or written before the court in civil and
The Rccrder thercr Ia leaving tho ordinary established
legal which has been sen: for ell the ens OF Justice and
ro1og % one aot sanctioned BY % and by
principle Of lew, neither be Justified excused
The Roccrder say that there known the law r.
for testimony Ia extraordinary had occurred
him that wri and and tho best and ey
dcacos Of the law end Ai the nonozence Of uch warrant VA
conclusive edcne Of tho non.cxncc Of ruch right
seercs Legal says Lord Camden "a warrant to authorize thai
mean the thing Tho warrant nothing IL E II merely
evidence Of the right
prohibited by from Isoung tie warrant ROcop
der u that he may make the search and seizure by his inherent
authority magistrate any such sss cS how dien
general which aated England and America IN 1861 How
vein the sph of the eads Of civil liberty hero veil Eng
peeco for conqteha Tie magistrate oci1 caractor
the general Of ALL Die might co Ia bis
than the oat commended nc was authorized BY BIZ
command.
The .sred by the Secretary Of State which Whe
papers szd and which the discussion the L.
Ry Of general directed the peons whom ad
dseat secrsh sbe authors printer,
and PUBLISHERS Of edous and easonsbc entitled The
North Bron No 49, &C. aad TO Pprehend and seize them and their
&c This decided by Lord Manifold and all
the Judges DO illegal and void FOR uncertainty the de
tho person DO arrested Leach Money ct al 10 Howell Sac
Trial M The point a.o decided by Chief !u'uc"
Pratt Wilkes Wood lle6; snd the Chief Jucc declares
casc epeang Of tho powor search for papers, II such
power ay Invested in Secretary Of State aud no delegate
s power neertany he aud property Of
tho Kingdom and totally Sub'oro,e CT the liberty Of tho
subject"
brsry with loud reocin ind tho House Commons deemed
of much importance that shcy pead resolution tho I'D
yet according the Recorders doctrine the remained und
urbcd this very justice Of the England to
caon of pce designation OF description Of
tho darkness OF midnight aud Srorch place eze
goods which &c h discretion might think the protection Of the
community" equd NO sund from The Star Cham
from Secretary Of State giving general and rowing
make enivocn earch made by virtue Of seorsh Gcast and the
one uads By Magistrate without ~s.raa is absurd
All tho decisions which have been made respecting the egey Of
authorize tic search for and seizure private papers,
least equally danrory Of all masra searches aud seizures
Ar Tue objection 20 the not 70 the sotdsHcs OF tho
We therefore without the es danger OF error
dcr the authorities which "e no" proceed to csarn" on tho suo
Get Of such waFRn applicable III he oee tho present
Lord Colo says lust I) For justice. 30 mike upon
breag subccr search fer cous
oso goods against Magma Char For though COMMONLY Tic
cafchd be lawful the houses subc DO he
,reo be searched such warrant upon bare SuTes
Lord Camden says 90 State Ta 1861 Tho Of searching
stolen goods crept the law by ipcccpbc practice tho
'nly case of the llud that Is to br met with"
Hero authority mighty names night Of search
Vos unhnoEn the common law in any whatever.
The f scord of search for thing but stolen goods
IL the Court OF Star Chamber in tho ,ino of Elizabeth
then 6s used >ah for hbe and unlicensed books and eon
nued be used until the ahooe Of thai yranaica and oppres
court. % State Trials, 1862
lnsnees found the exercise o!hs the court
Bench trials for high the of tho Scr Indeed
ohe judicial murders perperaled by 1ees ard by Scroggs
effected BY OF private found breaking open
Such hc OF
gerron Sidney whom History recording the verdict Of Time has
onouned patriot philosopher and christian he was tried
ee condemned aud executed for high ;Tea
and the principal evidence aysnsi him certain private
found his closet seized by worrant from the Secretary Of
nhch EG0zasc doctrine h1t the power OF
King derived from the people, tScs trial OF Agcrnon Sidney
tate Triula)
the Edward Coleman Catholic priest His
searched ais boxes and broken
seized by virtue oa search wsranrom Hngs
tried before Chcf Justice Scrogg for high
hanged by the neck and be down alive ha bowels
before his and his quarters severed and his body disposed
aS the King thinks 6I'
The evidence ths berbaroUs founded
cd Except that ohc VIGOROUSLY peurcd Titus Oatc
letters bearing dac several BEFORE voleny taken from
oeroon which related exclusively the
religion England a Coleman State Traa)
Soon amer William Ireland Thomas Pickering Grove
priests tired the Old Bailey before the judicial
Chief jucc and convicted and executed
kind Of evidence obtained tho oont aad as less
Many similar might referred the rcgns ofChes
and many but 10 Of them wns tho ques
the of En;ek Gaining
decided the Kings Bench 7 IN which the seizure Of p
paper. declared by ell tho judges to be illegal
generally supposed the celebrated John VIII Gst efc
ally resisted and defeated nrbuy n The fupcd
.ht to issue these Oppressive ~aITansA .
But honor said this great abuse a
personal liberty tire, attacked and goriouy defeated IN
-f-.. .Ls.k il.1n Da.1t